The right to property ceased to be a fundamental right by the Constitution (Forty Fourth Amendment) Act, 1978, however, it continued to be a human right in a welfare State, and a constitutional right under Article 300 A of the Constitution. Article 300 A provides that no person shall be deprived of his property save by authority of law. The State cannot dispossess a citizen of his property except in accordance with the procedure established by law. The obligation to pay compensation, though not expressly included in Article 300 A, can be inferred from that Article. To forcibly dispossess a person of his private property without following due process of law is certainly violative of human right and so also, constitutional right provided under Article 300 A of the Constitution.
26. In case of Pradyumna Mukund Kokil v. State of Maharashtra reported in 2015 (4) All M.R. 983, it is held by the Apex Court that it would not be proper on the part of the government body or any State authority to take possession of somebodies land without following due process of law and even if a citizen has permitted his land being used by government authority, the authority should not take undue advantage thereof at a time of giving compensation when said land is acquired.
28. Depriving the persons of their immovable properties, was a clear violation of Article 21 of the Constitution. In a welfare State, statutory authorities are bound, not only to pay adequate compensation, but there is also a legal obligation upon them to rehabilitate such persons. The non-fulfillment of their obligations would tantamount to forcing the said uprooted persons to become vagabonds or to indulge in anti-national activities as such sentiments would be born in them on account of such ill-treatment. Therefore, it is not permissible for any welfare State to uproot a person and deprive him of his fundamental/constitutional/human rights, under the garb of industrial development.
30. It is now well settled position of law that right to property is a human right and according to Article 300-A of the Constitution, a person cannot be deprived of his property save by authority of law. The State cannot dispossess a citizen of his property except in accordance with the procedure established by law. The obligation to pay compensation though not expressly included in Article 300-A, can be inferred from the said Article.
31. If a person is forcefully dispossessed from his private property without following due process of law would amount to breach of human right as well as violative of constitutional right under Article 300-A of the Constitution as held in case of Vidydevi (supra).
In the High Court of Bombay(Aurangabad Bench)
(Before S.V. Gangapurwala and Shrikant D. Kulkarni, JJ.)
Writ Petition No. 5250 of 2020
Bhagauji Vs State of Maharashtra
Decided on July 3, 2021
Citation: 2021 SCC OnLine Bom 982
Print Page