NEWS – The Supreme Court has reinforced the protection of private property against arbitrary state acquisition, highlighting the necessity of following mandatory procedures and granting fair compensation

RIGHT TO PROPERTY AS A CONSTITUTIONAL AND HUMAN RIGHT

• The right to private property is constitutionally protected and also considered a human right.
• The SC upheld a Calcutta High Court ruling that rejected Kolkata Municipal Corporation’s appeal, requiring the corporation to pay ₹5 lakh as costs within 60 days

COMPULSORY ACQUISITION PROCEDURES

• Simply possessing the power of eminent domain and providing compensation does not make the acquisition constitutional.
• Proper procedures must be followed before depriving an individual of their property.

CONSTITUTIONAL PROVISIONS

• The 44th Constitutional Amendment removed the right to property as a fundamental right.
• Article 300A states that no person shall be deprived of their property without the authority of law.
• The phrase “authority of law” includes the requirement of proper procedures and not just the presence of legislation.

SEVEN BASIC PROCEDURAL RIGHTS (SPECIFIED BY SC)

• Right to Notice: The state must inform the individual of its intention to acquire the property.
• Right to be Heard: The state must hear objections from the property owner.
• Right to a Reasoned Decision: The state must provide a reasoned decision for the acquisition.
• Public Purpose Requirement: The state must show that the acquisition is for public use.
• Right to Fair Compensation: The property owner must receive fair compensation.
• Efficient Process: The state must conduct the acquisition process efficiently and within prescribed timelines.
• Right of Conclusion: The process must culminate in the actual physical possession of the land; otherwise, the acquisition is incomplete.