The Supreme Court in the case of “Kolkata Municipal Corporation & Anr Vs Bimal Kumar Shah & Ors” declared that the state cannot acquire private property arbitrarily.
Highlights of the judgment:
- It emphasized that Article 300A (Right to private property), though not a fundamental right due to its removal by the 44th CAA 1978, remains a constitutional and human right.
- The judgment stated that depriving an individual of immovable property must adhere to a fair procedure of law.
- Compulsory acquisition is deemed unconstitutional unless a proper procedure is established and followed, ensuring the person’s right to property is not infringed.
- The minimum standards under the right to property include seven sub-rights:
- Right to notice
- Right to be heard
- Right to an efficient and expeditious process
- Right to a reasoned decision
- Duty to acquire only for public purpose
- Right of restitution or fair compensation
- Right of conclusion
Ref: Source
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