Land Acquisition Act, 1894, Section 17

Land Acquisition Act, 1894—Section 17—Constitution of India, 1950, Article 300-A—Compulsory acquisition—Although in exercise of the power of eminent domain, the State can acquire the private property for public purpose, it must be remembered that compulsory acquisition of the property belonging to a private individual is a serious matter and has grave repercussions on his Constitutional right of not being deprived of his property without the sanction of law – Article 300A and the legal rights—Therefore, the State must exercise this power with great care and circumspection—At times, compulsory acquisition of land is likely to make the owner landless—The degree of care required to be taken by the State is greater when the power of compulsory acquisition of private land is exercised by invoking the provisions like the one contained in Section 17 of the Act because that results in depriving the owner of his property without being afforded an opportunity of hearing.


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