(a) the taking of possession or acquisition is
necessary in the interests of defence, public safety,
public order, public morality, public health, town and
country planning or the development or utilisation of
any property in such manner as to promote the public
benefit; and
(b) the necessity therefor is such as to afford
reasonable justification for the causing of any
hardship that may result to any person having an
interest in or right over the property; and
(c) provision is made by a law applicable to that
taking of possession or acquisition for the prompt
payment of full compensation.
(2) Every person having an interest
property which is compulsorily taken
whose interest in or right over
compulsorily acquired shall have a
access to the High Court for—
in or right over
possession of or
any property is
right of direct
(a) the determination of his interest or right, the
legality of the taking of possession or acquisition of
the property, interest or right and the amount of any
compensation to which he is entitled; and
(b) the purpose of obtaining prompt payment of that
compensation:
Provided that if Parliament so provides in relation to
any matter referred to in paragraph (a) the right of
access shall be by way of appeal (exercisable as of
right at the instance of the person having the interest
in or right over the property) from a tribunal or
authority,
other
than
the
High
Court,
having
jurisdiction under any law to determine that matter.
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