JUDGMENT :

ANIL KSHETARPAL, J.

1. The State's enabling power to acquire/expropriate the private property for public use is known as ‘Eminent domain’. Such power of the State, provincial or national Government, is drawn from Entry No. 42 of List III of Seventh Schedule of the Constitution of India. Article 31A of the Constitution of India saves such laws, subject to adequately compensating the owner. In compulsory acquisition of the property by the State, no doubt, an owner stands deprived from property against his wishes but such enabling power has stood test of time on the basis of a well known concept that the public interest is required to be given precedence over the private interest. No doubt, even after deletion of the right to property from the chapter of fundamental rights in the Constitution of India, it nonetheless continues to be a constitutional right under Article 300A. Hence, no one can be deprived of the property except in accordance with law. There is normal tendency to hold property close to chest while trying to repel the efforts to take it away, more particularly, when it is against wishes. However, the State is expected to exercise such enabling power only when t