Right To Property – Not A Fundamental Right But A Constitutional Right: SC Reiterates

Team SoOLEGAL 25 Nov 2020 4:40pm

Right To Property – Not A Fundamental Right But A Constitutional Right: SC Reiterates

Supreme Court on November 25, 2020 has re-iterated that although right to property is not a fundamental right, but it’s a strong, versatile and valuable constitutional right. The importance of this right has been emphasized and iterated several times by The Court. A citizen’s right to own private property is a human right. The state cannot take the possession of it without a prescribed procedure and manner.

An appeal was filed before The Hon’ble Supreme Court inB. K. Ravichandra&Ors vs. Union of India &Ors.,CIVIL APPEAL NO. 1460/2010, by B. K. Ravichandra(appellant) against the judgment of the Karnataka High Court which rejects his claim to direct the Union Government (respondent) to vacate their lands. While hearing appeal, the Court has observed that the phrasing of Article 300A ofThe Indian Constitution is determinative and its resemblance with Articles 21 and 265 cannot be overlooked, in effect they guarantee the supremacy of the law. The Court has relied uponthe prior judgments in case of GrahakSansthaManch vs. State of Maharashtra(1994) 4 SCC 192 at page 204, andState of Rajasthan vs. BasantNahata(2005) 12 SCC 77, wherein it was held by the court that the property owner’s right cannot be deprived or suspended indefinitely. Moreover, in a very recent judgment of D.B. Basnett vs. Land Acquisition Officer(2020) 4 SCC 572 at page 580, the Court approved the findings of the subordinate courts that the lands were never acquired because the procedure prescribed was not followed, notice of acquisition had not been given, nor was any amount proved to have been received. Hence, the court also turned down the state’s plea of adverse possession. Presently, in B. K. Ravichandra’s case, the bench comprising of Justice Indira Banerjee and Justice RavindraBhatheld that the impugned judgment of the High Court committed an error in refusing relief to the appellants. 33 years is long enough time, even in India, to be kept away from one’s property and further directed the respondent to hand back possession of the suit lands to the appellants within three months.

Tagged: Supreme Court   constitutional right   human right   fundamental right   Karnataka High Court   Union Government   Indian Constitution   Justice Indira Banerjee  
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