As the question of acquisition of land by the State comes into spotlight with protests in Singur and Nandigram among many other zones, the Supreme Court of India has affirmed an expanded the scope of the theory of eminent domain under which vests in State the power of acquiring land.
The Court said that once a piece of land has been duly acquired by the Government under the Land Acquisition Act, it becomes the sole property of the State. Critically, it held that even if the purpose of the acquisition no longer exists, the State can dispose of the same to anyone for the market value.
The Apex Court was hearing a matter relating to acquisition of land by Tamil Nadu Housing Board for construction of multi-storied apartments in Padi Village of Tamil Nadu's Ambattur Taluk in 1978. Even after passage of 21 years, the building project did not come up and the affected persons moved the State Government and later the Madras High Court demanding that the acquired land be handed back to them.
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