A REGULATION TAKINGS ACT IN THE UNITED STATES AND LAND TENURE IN INDIA

ABSTRACT

One of the most hotly contested human rights in both the United States and India is the right to private property. When government restrictions limit the use of private property to the extent that the land owner is effectively deprived of all economically reasonable use of value, this is known as a regulatory take in the United States or a land acquisition in India. The examination of the case emphasises the need of addressing the provision that "No person shall be dispossessed of his property unless by authority of law." Acquisition of property should always adhere to the principles of natural justice, including providing appropriate notice, holding fair hearings, and not showing any prejudice. When governments seize private property, they must compensate the victims and help them rebuild their lives. Articles 14, 19, and 21 of the Indian Constitution are sometimes referred to as the "pillar constitution" and should also be considered. Terms like "Public Purpose" and "Compensation" in discussions of eminent domain are notoriously murky and open to interpretation. Impact of the Act i.e. corruption, exploitation of farmers, and a rise in poverty are all sources of contention surrounding land acquisition in India and regulatory takings in the United States. This study contrasts the US’s Regulatory Takings with India’s Land Acquisition practises.

FULL TEXT