In a landmark judgment, the Supreme Court of India has delineated seven sub-rights that the state must protect during land acquisition, reinforcing the constitutional right to property. The case, Kolkata Municipal Corporation & Anr. v. Bimal Kumar Shah & Ors., has set a new precedent in property rights jurisprudence.
The bench, comprising Justices PS Narasimha and Aravind kumar emphasized that the right to property, though not a fundamental right, remains a constitutional right under Article 300A. The judgment underscores that any encroachment on this right must be carefully scrutinized and justified.
The Supreme Court identified the following seven sub-rights as integral to the right to property during land acquisition:
1. Right to Fair Compensation: Ensuring that landowners receive just and fair compensation for their acquired property.
2. Right to Timely Compensation:Mandating prompt payment to avoid prolonged financial hardship for landowners.
3. Right to Information:Guaranteeing transparency in the acquisition process, including clear communication about the purpose and extent of acquisition.
4. Right to Be Heard: Allowing landowners to voice their objections and concerns before final decisions are made.
5. Right to Rehabilitation and Resettlement: Providing adequate support and resettlement options for those displaced by acquisition.
6. Right to Fair Valuation: Ensuring accurate and fair valuation of the acquired property, reflecting its true market value.
7.Right to Legal Recourse: Granting landowners the ability to challenge acquisition decisions through judicial review.
This judgment is expected to have far-reaching implications for future land acquisition processes, ensuring greater protection and fairness for landowners. Legal experts have hailed the ruling as a significant step towards more transparent and equitable land acquisition practices in India..
Case Title: KOLKATA MUNICIPAL CORPORATION & ANR. V. BIMAL KUMAR SHAH & ORS.
Name – Supriya, course – B.A.LL.B, S.S khanna Girls’ Degree College, UoA, Intern under legal Vidhiya.
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