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The Supreme Court recently delivered a verdict affirming the constitutional right to property under Article 300-A of the Constitution. It highlighted the importance of ensuring individuals receive adequate compensation when their land is acquired by the government. The case involved the Bengaluru-Mysuru Infrastructure Corridor Project, where landowners had been deprived of compensation for over 22 years due to delays by the Karnataka Industrial Areas Development Board. The Court directed the Special Land Acquisition Officer to reassess the compensation based on market value as of 2019 and emphasized the need for prompt action in such cases.
The Supreme Court recently reaffirmed that the right to property remains a constitutional right, despite no longer being a fundamental right due to the Constitution (Forty-Fourth Amendment) Act, 1978. The bench, comprising Justices B R Gavai and K V Viswanathan, stated that while the right to property is no longer a fundamental right, it remains a human right and a constitutional right under Article 300-A of the Constitution. Article 300-A ensures that no individual shall be deprived of their property except through the authority of law, guaranteeing adequate compensation. Advertisement
The court's verdict, delivered earlier this week, was in response to an appeal challenging a November 2022 Karnataka High Court ruling on a land acquisition case linked to the Bengaluru-Mysuru Infrastructure Corridor Project (BMICP). In the case, the bench pointed out that though the right to property is no longer classified as a fundamental right, it remains protected under the Constitution. It clarified that individuals cannot be deprived of their property without receiving adequate compensation according to the law.
The court noted that the Karnataka Industrial Areas Development Board (KIADB) issued a preliminary notification for land acquisition in January 2003, and by November 2005, the land of the appellants was seized. However, the appellants had to approach the courts repeatedly over the past 22 years to seek compensation, which had not been provided due to what the bench described as the 'lethargic attitude' of state officers.
It was only after contempt proceedings were initiated that the Special Land Acquisition Officer (SLAO) determined the compensation on April 22, 2019, based on the market value of the land as of 2011. However, the court ruled that compensating the landowners according to the market value of 2003 would be unjust, as it would undermine the constitutional provisions of Article 300-A.
Citing its powers under Article 142 of the Constitution, the Supreme Court directed the SLAO to reassess the compensation, taking into account the market value of the land as of April 22, 2019. The court emphasized the urgency of determining the compensation and instructed the SLAO to pass a fresh award within two months, with the possibility for parties to challenge the award if they were aggrieved.
The bench also highlighted that the appellants had been deprived of their compensation for nearly 22 years, which significantly affected the purchasing power of their compensation due to inflation. It reiterated the importance of promptly determining and disbursing compensation in land acquisition cases to avoid such prolonged injustices.
In its verdict, the Supreme Court reinforced the constitutional protection of property rights, even though property no longer holds the status of a fundamental right. The case surrounding the Bengaluru-Mysuru Infrastructure Corridor Project served as a reminder of the delays and bureaucratic inefficiencies that can deprive individuals of fair compensation for their land. By invoking its powers under Article 142, the Court sought to ensure justice for the affected landowners, emphasizing that fair and timely compensation is essential to uphold constitutional rights and avoid prolonged financial harm.
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