The right to property is a constitutional right... In which case did the Supreme Court give a big decision?
Right to property a constitutional right: The Supreme Court ruled on an appeal challenging the Karnataka High Court's November 2022 decision. "Right to property is no longer a fundamental right, it is a constitutional right in view of the provisions of Article 300-A of the Constitution of India," the bench said.
The Supreme Court has held that the right to property is a constitutional right and property cannot be taken away from a person without paying adequate compensation as per law, Justice B.R. Joshi said. Gavai and Justice K.V. Viswanathan said the fundamental right to property was abolished due to the Constitution (44th Amendment) Act, 1978, though it remains a human right in a welfare state and a constitutional right under Article 300-A of the Constitution.
Provision in Article 300-A of the Constitution Article 300-A of the Constitution provides that no person shall be deprived of his property without recourse to legal process, the top court said on Thursday on an appeal challenging the Karnataka High Court's November 2022 verdict in a case related to land acquisition for the Bengaluru-Mysore Infrastructure Corridor Project (BMICP). "The right to property is no longer a fundamental right, though it is a constitutional right in view of the provisions of Article 300-A of the Constitution of India," the bench said. "
In January 2003, a notification was issued by the Karnataka Industrial Area Development Board (KIADB) for land acquisition for the project and in November 2005, the land of the appellants was taken over.
The Supreme Court found in this case that people's land was occupied for the project and they were not even compensated for it. People were deprived of their land without compensation. The court said that for the last 22 years, these land owners have knocked on the doors of the court many times.
The bench said that only after the notice was issued in the contempt proceedings, the Special Land Acquisition Officer (SLAO) on April 22, 2019, fixed the compensation taking into account the guideline values prevailing in 2011 for determining the market value of the acquired land. "If compensation is allowed to be paid to people at the market value of 2003, it would amount to making a mockery of justice and making a mockery of the constitutional provisions under Article 300-A," the court said.