The Supreme Court of India, in a significant ruling on Thursday, delineated the constitutional requirements that must be met before the State can acquire private property. This landmark decision underscores the necessity for the State to adhere to fair procedures, thereby upholding the rights of property owners as enshrined in the Indian Constitution.
Presided over by Justices PS Narasimha and Aravind Kumar, the bench emphasized that any deprivation of immovable property must follow a fair procedure as stipulated by Article 300A of the Constitution, which asserts that “no person shall be deprived of his property save by authority of law.”
The ruling highlights that the authority to acquire private property involves more than the mere exercise of eminent domain; it requires procedural safeguards to ensure fairness and transparency. Without these, even compulsory acquisition with compensation would be unconstitutional.
Justice Narasimha, authoring the judgment, elaborated on the importance of procedural justice in property acquisition. He stated, “A valid acquisition of property is premised on the law providing a procedure for such acquisition and the State complying with this statutory procedure. Procedural justice is a significant mandate of Article 300A. The existence of and adherence to procedural safeguards is crucial for protecting the right to property.”
The court reviewed Section 352 of the Kolkata Municipal Corporation Act, criticizing it for lacking any procedural steps before compulsory acquisition, which led to the case being brought before the bench.
The justices outlined seven fundamental procedural rights that the State must observe for any valid property acquisition. These include the rights to inform the person of the State’s intention, to be heard, to an informed decision, and to fair compensation. Additionally, acquisitions must strictly serve public purposes, be conducted efficiently within prescribed timelines, and lead conclusively, ensuring that the property vests with the State.
The bench further noted that these principles, while procedural, are integral to the lawful authority required for compulsory acquisition. These guidelines have been adopted and incorporated into various union and state legislations and are recognized as part of India’s administrative law jurisprudence by constitutional courts.
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This ruling not only clarifies the State’s obligations but also strengthens the procedural protections afforded to property owners, reinforcing the constitutional principles of justice and fairness in property rights. In the specific case at hand, the court rejected the Kolkata Municipal Corporation’s attempt to acquire private property for a park under Section 352 of the Act, citing the lack of procedural framework in the provision.
