Question

Eminent Domain refers to

• A. donation of a private property to Government
• B. donation of a private property to a trust
• C. the power of the Government to take private property for public use through condemnation
• D. donation of a private property to government to start a school

Hint:

Two conditions must be met for Eminent Domain: 1) It must be for a Public Purpose, and 2) Just Compensation must be paid to the owner.

Answer 1

The Correct Option is C

Concept: "Eminent Domain" is a legal doctrine that recognizes the sovereign power of the State to acquire private property for a public purpose, even without the consent of the owner. This power is based on the Latin maxim Salus Populi est Suprema Lex (The welfare of the people is the supreme law).

Step 1: The Core of the Power.
Eminent Domain is not about "donation" (which is voluntary). It is a compulsory acquisition. The government uses this power to build roads, railways, hospitals, or other infrastructure that benefits the community at large. $\text{Eminent Domain} = \text{Compulsory Acquisition for Public Use}$

Step 2: Constitutional Status in India.
While the Right to Property is no longer a Fundamental Right, it remains a Constitutional Right under Article 300A. This article states that "no person shall be deprived of his property save by authority of law." This means the state must follow a legal process and provide fair compensation to the owner.

Step 3: Understanding "Condemnation".
The term "condemnation" in Option C refers to the legal process of exercising eminent domain. It is the formal act of the government taking the property. This matches the technical definition of the term perfectly. Final Answer: Option C