The Supreme Court has said that the right to property is a constitutional right and no person's property can be taken away without paying adequate compensation in accordance with the law. Justice BR Gavai and Justice KV Vishwanathan said that the fundamental right to property was abolished due to the 44th Amendment Act of the Constitution, 1978.
However, it remains a human right in a welfare state and a constitutional right under Article 300-A of the Constitution. Article 300-A of the Constitution provides that no person shall be deprived of his property without using the legal process.
What is the matter?
The Supreme Court on Thursday pronounced its verdict on an appeal challenging the November 2022 verdict of the Karnataka High Court in a case related to land acquisition for the Bengaluru-Mysore Infrastructure Corridor Project (BMICP). The bench said, "The right to property is no longer a fundamental right, although it is a constitutional right in view of the provisions of Article 300-A of the Constitution of India."
What did the court say?
In its judgment on compensation related to the infrastructure corridor project, the court said, “No person can be deprived of property without adequate compensation in accordance with law. "
The bench said that the Karnataka Industrial Area Development Board (KIADB) had, in January 2003, issued a preliminary notification for land acquisition in connection with the project and possession of the appellants' land was taken in November 2005. The apex court said that the appellant land owners in this case had to approach the courts on several occasions during the last 22 years and they were deprived of their property without any compensation.
Prakash Kumar Pandey
No comments:
Post a Comment