Consider the following statements about the Doctrine of Eminent Domain:
1. It authorizes the government to acquire private property for public purposes, aiming to balance public interest with individual property rights.
2. Article 300-A of the Constitution embodies the principle of eminent domain
3. It serves as a check against the arbitrary use of Article 39(b) for acquiring private assets.

Which of the statements given above are correct?
(a) 1 and 2 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3

Question

Consider the following statements about the Doctrine of Eminent Domain:
1. It authorizes the government to acquire private property for public purposes, aiming to balance public interest with individual property rights.
2. Article 300-A of the Constitution embodies the principle of eminent domain
3. It serves as a check against the arbitrary use of Article 39(b) for acquiring private assets.

Which of the statements given above are correct?
(a) 1 and 2 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3

ONLiNE UPSC · Accepted Answer

Context: Recently the Supreme court invoked doctrine of eminent domain in the Property Owners Association & Ors. vs. State of Maharashtra & Ors.

Statement 1 is correct: The doctrine of eminent domain allows the government to acquire private property for public use, such as infrastructure development, while ensuring fair compensation to the property owner. This principle balances societal welfare with individual property rights. ​

Statement 2 is correct: Article 300-A states: "No person shall be deprived of his property save by authority of law." This provision implies that the state can acquire private property only through legal authority, reflecting the doctrine of eminent domain.

Statement 3 is correct: The Supreme Court has clarified that Article 39(b) cannot be misused to justify arbitrary acquisition of private property. The Court emphasized that not all private property qualifies as "material resources of the community," and acquisitions must align with the doctrine of eminent domain, ensuring public purpose and fair compensation

Doctrine of Eminent Domain

Principles and Application

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M Question 1	⏱ 0
Consider the following statements about the Doctrine of Eminent Domain: 1. It authorizes the government to acquire private property for public purposes, aiming to balance public interest with individual property rights. 2. Article 300-A of the Constitution embodies the principle of eminent domain 3. It serves as a check against the arbitrary use of Article 39(b) for acquiring private assets. Which of the statements given above are correct? (a) 1 and 2 only (b) 2 and 3 only (c) 1 and 3 only (d) 1, 2 and 3