On May 16, the Supreme Court established seven procedural sub-rights against arbitrary and illegal land acquisition in a pivotal judgement, emphasizing the significance of Article 300A in protecting property rights.
Coimbatore:
On May 16, the Supreme Court delivered a landmark judgement establishing seven procedural sub-rights to protect against arbitrary and illegal land acquisition. A single bench led by Justice PS Narasimha in the case of Kolkata Municipal Corporation & Anr. v. Bimal Kumar Shah & Ors. (Civil Appeal No. 6466 of 2024) underscored the importance of Article 300A, which states that "no person shall be deprived of his property save by authority of law." The court stressed that this article must align with the principles of rule of law and be just, fair, and reasonable.
The case centered around the Kolkata Municipal Corporation's attempt to acquire property owned by Mr. Brinchi Shah under Section 352 of the Kolkata Municipal Corporation Act, 1980. The Supreme Court ultimately ruled that Section 352 does not provide any procedure for land acquisition and that the power of acquisition lies with the State under Section 537 of the Act. The Court emphasized that the mere provision for fair compensation is not sufficient; due procedure must be followed to ensure the acquisition is lawful.
In its judgement, the Supreme Court articulated seven procedural sub-rights that must be adhered to in land acquisition cases: the right to notice, the right to be heard, the right to a reasoned decision, the duty to acquire only for public purpose, the right to fair compensation, the right to an efficient and expeditious process, and the right to a conclusion of the process. These sub-rights are essential to comply with Article 300A and safeguard property rights.
On May 16, the Supreme Court delivered a landmark judgement establishing seven procedural sub-rights to protect against arbitrary and illegal land acquisition. A single bench led by Justice PS Narasimha in the case of Kolkata Municipal Corporation & Anr. v. Bimal Kumar Shah & Ors. (Civil Appeal No. 6466 of 2024) underscored the importance of Article 300A, which states that "no person shall be deprived of his property save by authority of law." The court stressed that this article must align with the principles of rule of law and be just, fair, and reasonable.
The case centered around the Kolkata Municipal Corporation's attempt to acquire property owned by Mr. Brinchi Shah under Section 352 of the Kolkata Municipal Corporation Act, 1980. The Supreme Court ultimately ruled that Section 352 does not provide any procedure for land acquisition and that the power of acquisition lies with the State under Section 537 of the Act. The Court emphasized that the mere provision for fair compensation is not sufficient; due procedure must be followed to ensure the acquisition is lawful.
In its judgement, the Supreme Court articulated seven procedural sub-rights that must be adhered to in land acquisition cases: the right to notice, the right to be heard, the right to a reasoned decision, the duty to acquire only for public purpose, the right to fair compensation, the right to an efficient and expeditious process, and the right to a conclusion of the process. These sub-rights are essential to comply with Article 300A and safeguard property rights.