Supreme Court’s Seven-Fold Test for Article 300A: Strengthening the Right to Property
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The Supreme Court has defined seven procedural sub-rights that the State must adhere to when acquiring private property under Article 300A. This ruling ensures that the 'procedure established by law' for property deprivation is just, fair, and non-arbitrary.
In a significant expansion of the constitutional protection of property, the Supreme Court of India, in the case of Kolkata Municipal Corporation & Ors. v. Bimal Kumar Shah & Ors., has delineated seven essential procedural facets of the Right to Property under Article 300A. While the 44th Amendment Act of 1978 demoted the right to property from a Fundamental Right to a Constitutional Right, this judgment clarifies that the State’s power of 'Eminent Domain' is not unfettered.
The Court held that for any deprivation of property to be valid under Article 300A, the 'procedure established by law' must encompass seven sub-rights: (1) the right to notice of the state's intent to acquire; (2) the right to be heard and file objections; (3) the right to a reasoned decision on those objections; (4) the right to demonstrate that the acquisition is for a legitimate public purpose; (5) the right to fair compensation; (6) the right to an efficient and expeditious process; and (7) the right to a final conclusion of the proceedings.
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