May 16th 2024.
The Supreme Court of India made a significant ruling on Thursday, stating that compulsory acquisition of private properties would be considered unconstitutional if the proper procedure is not followed. This means that a person's right to property cannot be taken away without following the due process of law. Even if the state or its instrumentalities offer compensation for the acquired property, it will not be justified if the proper procedure is not followed.
The court's decision came in response to an appeal filed by the Kolkata Municipal Corporation, which challenged the judgement of the Kolkata High Court. The high court had declared the acquisition of a property in the city for the construction of a park as illegal, as the civic body did not have the power to acquire the property under a specific provision. The Supreme Court, while dismissing the appeal, agreed with the high court's decision and stated that it was fully justified.
Justice PS Narasimha and Justice Aravind Kumar, who were part of the bench, highlighted the importance of following a fair procedure before depriving a person of their immovable property. They also emphasized that even if the compensation is provided, the acquisition will still be deemed unconstitutional if the proper procedure is not followed.
The court also pointed out that the focus should not only be on providing compensation, but also on ensuring that the acquisition process is fair and efficient. It stressed that the right to property is a fundamental right, and the government has a duty to protect it. The Constitution of India guarantees this right in Article 300A, which states that no person shall be deprived of their property except by the authority of law.
The court further elaborated on the various sub-rights that are essential for a valid acquisition process. These include 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 restitution or fair compensation, the right to an efficient and expeditious process, and the right of conclusion. These rights are crucial for a law to be in line with Article 300A, and the absence of any of these rights could lead to the law being challenged.
In conclusion, the Supreme Court's ruling emphasizes the importance of following a fair and just procedure before acquiring private properties. It also highlights the government's duty to protect the right to property of its citizens. This decision serves as a reminder to all state and instrumentalities to uphold the constitutional values and principles while acquiring properties for public use.
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