Lawstreet Journal

Right to Property is a Constitutional and Human Right: Supreme Court in appeal filed by Hari Krishna Mandir Trust [READ JUDGMENT]

Lawstreet Journal 10 Aug 2020 9:24pm

Image courtesy: Lawstreet Journal Judiciary Right to Property is a Constitutional and Human Right: Supreme Court in appeal filed by Hari Krishna Mandir Trust [READ JUDGMENT]

In an appeal filed by Hari Krishna Mandir Trust in the Supreme Court where the Trust earlier filed an application in which it requested the State Government to correct the wrong entry (as the internal road to the Trust) in the name of Pune Municipal Corporation. 

The Urban Development Department, Government of Maharashtra had rejected the proposal and held that the Pune Municipal Corporation is the owner in respect of the land. The High Court dismissed the writ petition challenging the said order passed by the Government and held that the land in question had vested under Section 88 of the Regional and Town Planning Act. 

Allowing the Trust's Appeal, a bench comprising Justices Indu Malhotra and Indira Banerjee observed that the right to property includes any proprietary/ hereditary interest in the right of management of a religious endowment, as well as anything acquired by inheritance. 

The bench also discovered that the High Court misinterpreted Section 88 of the Regional and Town Planning Act, by reading the same in isolation from the other provisions of the Regional and Town Planning Act. In the light of admissions, on the part of the respondent authorities that the private road measuring 414 sq. was private property never acquired by the Pune Municipal Corporation or the State Government, the respondents had a public duty under Section 91 to appropriately modify the scheme and to show the private road as the property of its legitimate owners, as per the property records in existence, and or in the award… Continue Reading...


Tagged: Supreme Court of India  
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