Why in the news?

The Supreme Court’s ruling safeguards landowners from arbitrary government acquisition, emphasizing adherence to Article 300A, ensuring the constitutional right to property and sub-rights compliance.

Procedural Sub-Rights under Right to Property

These seven rights are foundational components of a law that is in tune with Article 300A, and the absence of one of these or some of them would render the law susceptible to challenge:

1. Right to Notice: Individuals must be informed about the intention to acquire their property.
2. Right to Be Heard: Affected individuals have the right to voice objections.
3. Right to a Reasoned Decision: The government must justify the acquisition with a reasoned decision.
4. Public Purpose Justification: Acquisitions must serve a demonstrable public purpose.
5. Right of Restitution or Fair Compensation: Landowners are entitled to fair compensation for their property.
6. Right to An Efficient and Expeditious Process: Acquisition procedures should be efficient and adhere to set timelines.
7. Right of Conclusion: The process concludes with the physical transfer of property; failure to take possession renders the acquisition incomplete.

Recent Judgment: Human Rights 

• Case Background: The judgment supported a Calcutta High Court decision that dismissed an appeal by the Kolkata Municipal Corporation regarding the acquisition of private land.
• Court’s Order: The Corporation was ordered to compensate with ₹5 lakh for costs within 60 days.
• Human Rights Perspective: The right to property is not only protected as a constitutional right but has also been recognized as a human right by a “Bench of Justices P.S. Narasimha and Aravind Kumar”.

Legal Interpretations and Clarifications

• Justice Narasimha clarified that the phrase ‘authority of law’ in Article 300A extends beyond the state’s power of eminent domain.
• It necessitates a proper legal framework for property acquisition.
• The ruling underscored that mere possession of eminent domain power and the provision of compensation do not justify compulsory acquisition if due processes are not followed.

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