|Consider the following statements.|
|1. The Parliament as well as the State Legislatures are empowered to make law for the compulsory acquisition and requisitioning of property by the governments.|
|2. The 44th Amendment Act, has also abolished the constitutional obligation to pay compensation in this regard except in two cases.|
|3. The 40th Amendment Act, provides all lands, minerals and other things of value under the waters of the ocean within the territorial water of India, vests in the Union.|
|Select the correct answer using the codes given below.|
A) Only 1
B) 1 and 3
C) Only 2
D) All of these
Correct Answer: D
Solution :[d] Articles 294 to 300 in part XII of the Constitution deal with the property, contracts, rights, liabilities, obligations and suits of the union and the states. Thus Constitution makes the union or the states as juristic persons. The property of the union and the states lies over succession, escheat, sea-wealth, compulsory acquisition by law and acquisition under executive power. Compulsory Acquisition by Law The Parliament as well as the state legislatures are empowered to make laws for the compulsory acquisition and requisitioning of private property by the governments. Further, the 44th Amendment Act (1978) has also abolished the constitutional obligation to pay compensation in this regard except in two cases [a] when the government acquires the property of a minority educational institution; and [b] when the government acquires the land held by a person under his personal cultivation and the land is within the statutory ceiling limits. The 40th Amendment Act It has amended Article 297 of the Constitution so as to provide that all lands, minerals and other things of value underlying the ocean within the exclusive economic zone of India and all other resources of the exclusive economic zone of India shall also vest in the union and be held for the purposes of the union. Earlier the limits of territorial waters and the continental shelf are determined by proclamation issued by the President. But since this amendment, the limits of the territorial waters, the continental shelf, the exclusive economic zone and the maritime zones of India shall be as specified from time to time by or under law made by Parliament.
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