State Acquisition of Private Property

On May 16, 2024, the Supreme Court (SC) ruled that state acquisition of private property must comply with Article 300A of the Constitution, ensuring public purpose, legality, and due process.

Case Background

  • Case: Kolkata Municipal Corporation & Anr. vs. Bimal Kumar Shah & Ors.
  • Ruling: The SC reaffirmed right to property as a constitutional and human right, stating that deprivation must follow legal procedure.

Seven Procedural Sub-rights under Article 300A

  1. Right to Notice: Citizens must be informed before acquisition.
  2. Right to Be Heard: Opportunity to raise objections.
  3. Right to a Reasoned Decision: State must provide justification.
  4. Public Purpose: Acquisition must serve a public need.
  5. Right ....
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