A US LAW ON GOVERNMENTAL TAKINGS AND AN INDIAN LAW ON ACQUIRING LAND

ABSTRACT

In the context of the law, the notion of Regulatory Takings refers to what is known as the "taking clause" of the Fifth Amendment of the Bill of Rights of the United States Constitution, which states that "nor shall private property be taken for public purpose, without reasonable compensation." It’s fascinating to think about where this provision came from and what function it had in the founding papers of the United States. In India, "Land Acquisition" refers to the power of the Union or State Government to acquire private land for the purpose of industrialization, development of infrastructural facilities, or urbanization of the private land, and to compensate the affected land owners for their rehabilitation and resettlement. This power allows the government to acquire private land for the purpose of industrialization, development of infrastructural facilities, or urbanization of the private land The right to property, which had been considered a fundamental right in the past, was eventually elevated to the status of a constitutionally protected legal right. Article 19(1)(f) of the Indian Constitution was deleted, and Article 300A was made into a legally binding provision. Additionally, Article 31 was required to include a large number of revisions. After the country gained its independence, there was a substantial amount of reform done to the right to property. There have been a number of rulings upheld by the Supreme Court and the High Court that go against the laws that were established by Parliament. The development of the Right to Property in the Constitution can be traced back to the time when the first property clause in the Constitution was written. Since then, judicial interpretation, legislative action, and amendments to the Constitution have been used to assess the constitutional right to property. When the court determined that the right to property was a fundamental right, it stated that the Constitution guarantees the right to compensation, which is equivalent to the value of property, and that the Constitution also guarantees that the owner of these properties must be given the value of these properties. Article 21 of the Indian Constitution is directly tied to the relationship between personal liberty and the right to property in a very close and intimate way.

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