Right to propery is Dominium eminens.
Hugo Grotius Theory of Eminent Domain
Conflict between public interest and Private interest
Deprivation of property must take place for public interest or public purpose.
Law, which deprives right to property for private interest will be unlawful and undermines rule of law.
Acquisition of private property by State for public interest is enforcement of Right of "Eminent Domain"
Though right to property is no longer fundamental right, but Article - 300A of the Indian Constitution mandates that no person shall be deprive of his property save by authority of law.
Hugo Grotius Theory of Eminent Domain
Conflict between public interest and Private interest
Deprivation of property must take place for public interest or public purpose.
Law, which deprives right to property for private interest will be unlawful and undermines rule of law.
Acquisition of private property by State for public interest is enforcement of Right of "Eminent Domain"
Though right to property is no longer fundamental right, but Article - 300A of the Indian Constitution mandates that no person shall be deprive of his property save by authority of law.
