Right To Property | 7 Sub-Rights Which State Must Protect During Land Acquisition : Supreme Court Explains
7 months, 1 week ago

Right To Property | 7 Sub-Rights Which State Must Protect During Land Acquisition : Supreme Court Explains

Live Law  

In a pivotal judgment, the Supreme Court, while setting aside acquisition of land acquired by the Kolkata Municipal Corporation Act, 1980, highlighted seven sub rights of Article 300A of the Indian Constitution. These sub-rights, as traced in the judgment, are: The Right To Notice: duty of the State to inform the person that it intends to acquire his property The Right To Be Heard: the duty of the State to hear objections to the acquisition The Right To A Reasoned Decision: the duty of the State to inform the person of its decision to acquire The Duty To Acquire Only For Public Purpose: the duty of the State to demonstrate that the acquisition is for public purpose The Right Of Restitution Or Fair Compensation: the duty of the State to restitute and rehabilitate The Right To An Efficient And Expeditious Process: the duty of the State to conduct the process of acquisition efficiently and within prescribed timelines of the proceedings The Right Of Conclusion: final conclusion of the proceedings leading to vesting "These seven rights are foundational components of a law that is tune with Article 300A, and the absence of one of these or some of them would render the law susceptible to challenge," the Court stated. "These seven sub-rights may be procedures, but they do constitute the real content of the right to property under Article 300A, non- compliance of these will amount to violation of the right, being without the authority of law," The judgment further demonstrated how these sub-rights have been, over time, incorporated in laws like the Land Acquisition Act of 1894 and the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act of 2013. For ready reference, the relevant portion of the Act reads as: “Section 352:- Power to acquire lands and buildings for public streets and for public parking places:– The Municipal Commissioner may, subject to the other provisions of this Act – acquire any land required for the purpose of opening, widening, extending or otherwise improving any public street, square, park or garden or of making a new one, together with any building standing upon such land ” The Court pointed out that this provision does not lay down the procedure of acquisition after the Municipal Commissioner decides that any land has to be acquired.

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100 Important Supreme Court Judgments Of 2024 - Part 2 [26-50]
14 hours, 3 minutes ago

100 Important Supreme Court Judgments Of 2024 - Part 2 [26-50]

Live Law  

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Constitutional Right To 'Property' Must Be Understood In Context Of State's 'Eminent Domain': Calcutta High Court
5 days, 13 hours ago

Constitutional Right To 'Property' Must Be Understood In Context Of State's 'Eminent Domain': Calcutta High Court

Live Law  

The Calcutta High Court has held that the right of eminent domain exercised by a state for the larger public interest would prevail over the constitutional right to property of private landowners under Article 300A of the Constitution.While allowing the authorities to acquire the petitioner's premises for metro railway construction, Justice Aniruddha Roy held:The right guaranteed under. The Calcutta High …

DC Edit | Property rights ruling welcome
1 month, 2 weeks ago

DC Edit | Property rights ruling welcome

Deccan Chronicle  

People’s property rights have been one of the most contested subjects in India ever since Independence. Similarly, the nine-judge bench of the Supreme Court delivered a historic judgment on November 5 which would strengthen people’s property rights and prevent the government from arbitrarily acquiring private property in the name of public good. Adjudicating a petition on Article 31C, which prevents …

Supreme Court Dismisses Himachal Pradesh Govt's Appeal Against HC Decision Quashing Illegal Land Acquisition
4 months, 1 week ago

Supreme Court Dismisses Himachal Pradesh Govt's Appeal Against HC Decision Quashing Illegal Land Acquisition

Live Law  

The Supreme Court on Monday dismissed an appeal filed by the State government of Himachal Pradesh challenging the division bench's order of the Himachal High Court which had stated that the government forcibly acquired private property violating the fundamental right under Article 300A of the Indian Constitution. Justice Datta at the outset asked the advocate for the appellant: “Your subject …

Right To Property Under Article 300A Available To A Person Who Isn't A Citizen Of India : Supreme Court
9 months, 4 weeks ago

Right To Property Under Article 300A Available To A Person Who Isn't A Citizen Of India : Supreme Court

Live Law  

The Supreme Court has observed that the right to property as enshrined under Article 300A of the Constitution extends to persons who are not citizens of India.“The expression person in Article 300-A covers not only a legal or juristic person but also a person who is not a citizen of India. The Supreme Court has observed that the right to …

Land Acquisition | After Taking Possession, Land Vests With State; Any Person Retaining Possession After That Is A Trespasser : Supreme Court
1 year, 8 months ago

Land Acquisition | After Taking Possession, Land Vests With State; Any Person Retaining Possession After That Is A Trespasser : Supreme Court

Live Law  

The Supreme Court set aside an order passed by the Delhi High Court which held that since the compensation was not paid to the landowners, the acquisition of the land in question was lapsed in view of Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. While relying upon the judgment …

Supreme Court Annual Digest 2022- Land Laws
1 year, 11 months ago

Supreme Court Annual Digest 2022- Land Laws

Live Law  

Agricultural Produce Markets Act, 1961 - Section 9 - It cannot be said to be a mandatory statutory obligation of the Market Committees to provide shop/land/platform on rent/lease. Special Land Acquisition Officer v. N. Savitha, 2022 LiveLaw 316 : 7 SCC 256 Land Acquisition Act, 1894; Section 11A, 17 - The provision contained in Section 11A shall be applicable to …

Land Acquisition | Right To Property Is A Valuable Right, State Cannot Deny Compensation Merely On The Ground Of Delay: Calcutta HC
2 years, 6 months ago

Land Acquisition | Right To Property Is A Valuable Right, State Cannot Deny Compensation Merely On The Ground Of Delay: Calcutta HC

Live Law  

The Calcutta High Court has recently observed that since the right to property is a valuable right guaranteed under Section Article 300A of the Constitution of India, merely on the ground of delay the State cannot deny its obligation to provide compensation for land acquisition. A Bench comprising Justice Arijit Banerjee and Justice Kausik Chanda was adjudicating upon an appeal …

"No Public Right Is Superior To Defence Of The Country": Uttarakhand HC Dismisses Challenge To Land Acquisition For ITBP Near LAC
2 years, 9 months ago

"No Public Right Is Superior To Defence Of The Country": Uttarakhand HC Dismisses Challenge To Land Acquisition For ITBP Near LAC

Live Law  

The Uttarakhand High Court has recently dismissed a writ petition filed, challenging a notification issued under Section 11 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, which proposed to acquire certain land near the "Line of Actual Control" for meeting the purposes of the Indo-Tibetan Border Police. While affirming the defence'd needs …

Kerala High Court Stays Govt Order Sanctioning Land Acquisition By State Exempting Land Value From Compensation
3 years, 4 months ago

Kerala High Court Stays Govt Order Sanctioning Land Acquisition By State Exempting Land Value From Compensation

Live Law  

A writ petition has been filed before the Kerala High Court challenging the proceedings for land acquisition initiated by a Government Order dated 4th February 2021 by which an administrative sanction has been granted to acquire 102.6 acres of land belonging to the petitioner by merely paying the value of improvements made on the land as compensation. It was additionally …

Property Rights: A Conversation Whose Time Is Now
4 years ago

Property Rights: A Conversation Whose Time Is Now

Live Law  

As multitudes of migrant workers took to the streets to walk hundreds of kilometres away from India's cities, even as the COVID-lockdown had compelled everyone else to stay in their homes, it inevitably brought to fore the scale of the housing crises which plagues some of the major cities and towns in India. Yet the first element that strikes anyone …

Right To Property Remains A Valuable Constitutional Right, Reiterates Supreme Court
4 years ago

Right To Property Remains A Valuable Constitutional Right, Reiterates Supreme Court

Live Law  

Though right to property is not a fundamental right, it remains a valuable constitutional right, the Supreme Court reiterated while directing the Centre hand back possession to the land to its owners.The phrasing of Article 300-A is determinative and its resemblance with Articles 21 and 265 cannot be overlooked- they in effect, are a guarantee of the supremacy of the …

Right To Property Is A Constitutional As Well As Human Right, Reiterates SC [Read Judgment]
4 years, 4 months ago

Right To Property Is A Constitutional As Well As Human Right, Reiterates SC [Read Judgment]

Live Law  

The right to property is still a constitutional right and a human right, reiterated the Supreme Court while allowing an appeal filed by Hari Krishna Mandir Trust in the matter of a land dispute with the Pune Municipal Corporation.The bench comprising Justices Indu Malhotra and Indira Banerjee observed that the right to property includes any proprietary/ hereditary interest in the …

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