#landacquisition #state #nationalhighwayauthorityofindia #nationalhighway #road #highway #airport #farmers #farmersprotest #collector #authority #law #compensation #rehabilitation #resettlement #land
In a pivotal judgment, the Supreme Court while setting aside acquisition of land acquired by the Kolkata Municipal Corporation Act, 1980, highlighted seven sub rights of Article 300A of the Indian Constitution. Article 300A provides that “no person shall be deprived of his property save by authority of law”.
The judgment authored by Justice PS Narasimha stressed that these sub- rights mark the real content of the Right To Property under Article 300A. Non-compliance of these will amount to a violation of the right, being without the authority of law., the Bench, also comprising Justice Aravind Kumar, said.
These sub-rights, as traced in the judgment, are:
1. The Right To Notice: duty of the State to inform the person that it intends to acquire his property
2. The Right To Be Heard: the duty of the State to hear objections to the acquisition
3. The Right To A Reasoned Decision: the duty of the State to inform the person of its decision to acquire
4. The Duty To Acquire Only For Public Purpose: the duty of the State to demonstrate that the acquisition is for public purpose
5. The Right Of Restitution Or Fair Compensation: the duty of the State to restitute and rehabilitate
6. The Right To An Efficient And Expeditious Process: the duty of the State to conduct the process of acquisition efficiently and within prescribed timelines of the proceedings
7. The Right Of Conclusion: final conclusion of the proceedings leading to vesting
Land Acquisition
The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act ,2013
National Highway Act, 1956
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