Supreme Court Ruling on Right to Property
The Supreme Court of India ruled that the right to property is both a human and constitutional right, ensuring that no individual can be deprived of property without adequate compensation. The judgment highlighted the potential adjustment of valuation dates in cases of excessive delay in compensation disbursement.
Constitutional Context
- The right to property was removed from being a Fundamental Right by the Constitution (Forty-Fourth Amendment) Act, 1978.
- It remains a constitutional right under Article 300-A, which mandates no deprivation of property without legal authority.
Case Context
- The ruling was in response to an appeal concerning a Karnataka High Court decision regarding the Bengaluru-Mysuru Infrastructure Corridor Project.
- Landowners had not received compensation, leading to a postponement of the valuation date by the Special Land Acquisition Officer (SLAO) from 2003 to 2011.
Supreme Court's Decision
- The Supreme Court upheld the lower court's stance that only it, or a High Court, can change acquisition dates under Article 32/142 or Article 226.
- The Court ruled it was appropriate to use Article 142 to adjust the valuation date for just compensation.
- The SLAO was directed to base compensation on the market value as of April 22, 2019, granting statutory benefits from the 1894 Land Acquisition Act.
This ruling emphasizes the protection of property rights within the Indian legal framework, highlighting both constitutional mandates and the role of judicial authority in ensuring fair compensation.
