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- Date: May 16, 2024
- Key Points: The Supreme Court, in a judgment authored by Justice P.S. Narasimha, laid down seven procedural sub-rights that the government must follow to ensure land acquisition is constitutional. These include:
- The right to notice.
- The right to be heard.
- The right to a reasoned decision.
- The duty to acquire only for a public purpose.
- The right to fair compensation.
- The duty to conduct the process efficiently and within prescribed timelines.
- The culmination of acquisition with physical possession.
- The Court ruled that acquiring property without adhering to these procedures violates Article 300A, which guarantees that no person shall be deprived of property except by the authority of law.
- Context: The Kolkata Municipal Corporation’s attempt to acquire land under Section 352 of its Act was struck down by the Calcutta High Court, a decision upheld by the Supreme Court. The civic body was ordered to pay ₹5 lakh in costs for failing to follow due process.
