Land acquisition laws are based on doctrine of _________.

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UP Police SI (दरोगा) Official PYP (Held On: 24 Nov 2021 Shift 2)
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  1. laisse faire
  2. Rarest of Rare
  3. eminent domain
  4. parens patriae

Answer (Detailed Solution Below)

Option 3 : eminent domain
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UP Police SI (दरोगा) Official PYP (Held On: 2 Dec 2021 Shift 1)
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Detailed Solution

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The correct answer is 'eminent domain'

Key Points

  • Eminent Domain:
    • The doctrine of eminent domain refers to the power of the government to acquire private property for public use, with the provision of just compensation to the owner.
    • This principle is enshrined in most legal systems, including India, where land acquisition laws are based on this doctrine.
    • In India, the doctrine of eminent domain is implemented through the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act, 2013, which outlines the process for land acquisition and ensures fairness in compensation.
    • The concept underscores the balance between individual property rights and the needs of the community or public interest.
    • Eminent domain is a globally recognized legal concept that allows governments to undertake infrastructure projects, urban development, and resource allocation in the public interest.

Additional Information

  • Laissez-Faire:
    • The term 'laissez-faire' refers to an economic philosophy of free-market capitalism that opposes government intervention in business and economic affairs.
    • It is not related to land acquisition laws, as these laws inherently involve government intervention to acquire private property for public purposes.
  • Rarest of Rare:
    • The 'rarest of rare' doctrine is primarily associated with the judicial principle used in determining cases involving the death penalty in India.
    • It is unrelated to land acquisition laws or property rights.
  • Parens Patriae:
    • The concept of 'parens patriae' refers to the role of the state as a guardian for those who are unable to care for themselves, such as minors or the mentally ill.
    • While it involves state intervention, it is not connected to land acquisition laws or the doctrine of eminent domain.
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