Daily News Analysis

Right to Property

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Right to Property

The Supreme Court's recent judgment reaffirms the importance of the Right to Property as a Constitutional right under Article 300A and a human right in a welfare state. The decision has significant implications for governance, fairness in land acquisition, and timely compensation for property owners.

Key Takeaways from the Judgment

  1. Recognition of Article 300A:

    • The Right to Property is not a Fundamental Right but remains protected as a Constitutional Right.

    • It ensures that individuals cannot be deprived of their property except through legal authority and processes.

  2. Adequate Compensation:

    • The Court mandated that fair market value of the land must be considered during compensation, particularly accounting for delays.

    • Compensation delays caused by state authorities diminish the real value due to inflation and lost financial opportunities.

  3. Case Specifics:

    • The judgment arose from the Bengaluru-Mysuru Infrastructure Corridor Project (BMICP) case.

    • Landowners were deprived of compensation since 2005, prompting the Court to direct the market value to be determined as of April 2019, ensuring justice to landowners.

  4. Judicial Intervention:

    • The Supreme Court exercised its Article 142 powers to provide equitable relief.

    • The ruling aimed to rectify delays attributed to state authorities' inefficiency and uphold the principle of just compensation.

  5. Implications of Timely Compensation:

    • Delay in compensation undermines its value and erodes public trust in government processes.

    • The Court emphasized accountability for authorities and adherence to constitutional principles in governance.

Historical Context of Right to Property

  1. Pre-1978:

    • Initially a Fundamental Right under Article 19(1)(f) and Article 31.

    • Land reform laws led to frequent conflicts, requiring several amendments.

  2. Post-1978:

    • The 44th Constitutional Amendment removed the Right to Property from the list of Fundamental Rights.

    • It was redefined under Article 300A as a Constitutional Right, ensuring property can only be acquired through legal authority.

Implications of the Judgment

  1. For Governance:

    • Enhances accountability of state authorities to ensure timely and fair compensation in land acquisitions.

    • Establishes legal precedent for addressing bureaucratic inefficiencies in land-related matters.

  2. For Property Owners:

    • Provides protection against arbitrary deprivation of property.

    • Reinforces the principle of just compensation aligned with inflation and market value.

  3. Economic and Social Justice:

    • Highlights the economic realities of delayed compensation and inflation's impact on property owners.

    • Reflects the judiciary's role in protecting citizens' rights in welfare governance.

Way Forward

  • Strengthening Legal Frameworks: Ensure prompt procedures and better oversight in land acquisition cases.

  • Efficient Disbursal Mechanisms: Establish timelines for determining and paying compensation.

  • Judicial Vigilance: Maintain the judiciary's proactive role in addressing state inefficiencies and upholding constitutional principles.

This judgment serves as a reminder of the importance of respecting constitutional rights and ensuring fairness in state actions concerning property. It underscores the judiciary's role as a guardian of individual rights in a welfare-oriented legal framework.


 

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