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BMIC land acquisition: Right to property is a human right, says Supreme Court
- The Hindu |
- Polity and Governance |
- 2025-01-03
- Article 300A
- Right to Property
- Human Right
The Supreme Court ruled that compensation for land acquired for the Bengaluru-Mysore Infrastructure Corridor project must be based on 2019 market values, emphasizing the right to property as a human right and a constitutional right under Article 300-A.
Supreme Court Judgment on Land Compensation
The Supreme Court of India made a significant judgment concerning the rights of landowners whose properties were acquired for the Bengaluru-Mysore Infrastructure Corridor (BMIC) project. This case underscores the importance of the right to property as both a human and constitutional right.
Key Judgment Details
- The court mandated that compensation for the land acquired should be based on the market value prevailing in April 2019, not the value at the time of initial acquisition in 2003.
Constitutional and Human Rights Consideration
- Right to Property: Recognized as a human right and protected under Article 300-A of the Indian Constitution.
- The state is prohibited from dispossessing citizens of their property without following the legal procedure.
Economic Rationale and State Responsibility
- Economic Value of Money: The court emphasized that the value of money changes over time due to inflation, affecting the purchasing power of the compensation.
- State's Role: The court criticized the Karnataka government for its delay, stressing that it should have acted proactively to ensure timely compensation.
Implications of the Judgment
- This judgment reinforces the principle that compensation for acquired land should reflect current market values, not historical ones.
- It highlights the state's obligation to promptly and adequately compensate landowners, adhering to constitutional and legal mandates.