In landmark ruling, SC strikes down State's power to seize private property

The ruling calls into question the doctrine of eminent domain, where state could summarily acquire private property, particularly land, for public use, and redefines the economic powers of the state

In a significant decision limiting the economic powers of the state in India, a nine-judge bench of the Supreme Court has pushed back against the government appropriation of private property. However, it has not struck down the ambit of the different land acquisition acts, including the central government’s Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act of 2013 (FARR).

 

While the FARR Act sought to limit the right of the state to commandeer any land for acquisition on the grounds of public purpose, the Constitution bench headed by Chief Justice DY Chandrachud went further in