Calcutta HC Upholds Land Acquisition for Metro Construction Under Eminent Domain
Last Updated on December 19, 2024 by Athi Venkatesh
The Calcutta High Court upheld the state’s right to acquire private land for public projects, affirming that the principle of eminent domain prevails over the constitutional right to property under Article 300A. Justice Aniruddha Roy ruled in favor of the acquisition of the petitioners’ premises for metro railway construction.
The court emphasized that Article 300A must be read with Article 31A, recognizing the state’s sovereign power to acquire private property for public use with fair compensation. The doctrine of eminent domain allows the state to expropriate private property for public welfare, provided just compensation is paid.
The petitioners opposed the acquisition of their occupied premises, arguing that the metro alignment previously passed through the Consul General of Nepal’s property. They claimed that acquiring the diplomatic premises was a more appropriate option. However, the court noted that the Consul General’s property is protected under the Vienna Convention, 1972. The authorities negotiated with the Ministry of External Affairs to secure a portion of the Consul General’s land for the metro alignment, but a complete acquisition was not feasible.
The court held that the necessity to maintain the metro track alignment left the authorities with no choice but to initiate a second acquisition process, including the petitioners’ land.Justice Roy directed the authorities to hold a hearing with the petitioners to determine fair compensation for the acquisition. The judgment reaffirmed the balance between individual property rights and the state’s obligation to serve the larger public interest.
This ruling reinforces that the state’s power to utilize private property for public benefit, such as infrastructure projects, takes precedence when compensation is just and fair.
