Right to property under article 300 A

Question

Whether the right to property is a fundamental right under the constitution of India, I am afraid that the government will not pay the fair price of my land. The government has acquired my land without payment of compensation. What is the remedy against such arbitrary decision?

Question asked on 21/03/2015

Answered by: Advocate Shivendra

You are entitled to receive fair compensation for your land. The government is bound to pay reasonable compensation before the acquisition of land under the provision of land acquisition act. In Dnyaneshwar v. State of Maharashtra, (2002) 4 Mah LJ 612 the Bombay High Court is held that depriving the petitioner of his right to compensation in violation of the right guaranteed in Article 300-A of the Constitution of India. 

Right to property is still a constitutional right so that government cannot deprive a person of his property save by authority of law. In other words, the government has no power to deny a person from his property without following a just, fair and reasonable rule. 

The 44th constitutional amendment act inserts article 300-A. Before this amendment, right to property was the fundamental right, enshrined in article 19 (1) (f) & 31 of the Constitution of India. However, ambit and scope of this right have diminished by the amendment above act, but the aggrieved person remains a right to move writ petition before the High Court under article 226 of the Constitution of India.

After 44th amendment, article 300-A only prohibits deprivation of the right to property by mere executive order unless that order is made or authorised by some law enacted by the legislature. Eventually, the aggrieved person can challenge the legality or fairness of procedure followed for acquisition of land instead of acquisition of land.

What is the impact of this amendment?

The government may deprive a person of his property for greater public use, and an aggrieved person cannot invoke article 32, i.e. move a writ before the Supreme Court by infringement of his fundamental right. 

Supreme Court has vast power in respect of infringement of the fundamental right. More so, the court can take a judicial review of the law which infringes the fundamental right of the citizen. As of now, the right to property is not a fundamental right, therefore, therefore, the scope of judicial review does not exist [K.T. Plantation (P) Ltd. v. State of Karnataka, (2011) 9 SCC 1].

Meaning of property towards 300-A 

Article 300 A includes all type of property capable of being owned [Union of India v.Martin Lottery Agencies Ltd.(2009) 12 SCC 209]. It includes tangible, intangible, corporeal and incorporeal property. Article 300 A does not confine to land alone but includes intangible property like copyright, intellectual property rights, mortgage, money, any interest in the property, lease, license. The pension and gratuity are a valuable right of individual therefore protected under article 300 A.  

Land acquisition and fair compensation 

Government violates the rule of law by does not pay fair or adequate compensation of the land in proportionate of the prevailing market price of the property [K.T. Plantation (P) Ltd. v. State of Karnataka, (2011) 9 SCC 1]. The rule of law is the basic structure of the constitution and incorporated in article 14, 19 & 21 of the constitution.

You can challenge the acquisition procedure on the ground of violation of article 300 A along with article 14, 19 and 21. Thus, you should file a writ before the High Court under article 226 of the constitution.  File such writ on the ground that state government did not pay compensation before acquiring the land.

Article 300 A mandates that fair compensation is a constitutional right of the citizen and it is mandatory for the government to pay reasonable compensation. Acquisition of land without payment of adequate compensation violates the constitutional right guaranteed under article 300-A. 

Send your question

Shivendra Pratap Singh

Advocate, Lucknow

Advice: 16825

Consultation: 3309

My sisters want to partition in the ancestral property

My father received some ancestral property from my grandfather.  The property is purely ancestral because my grandfather got it from his father. My father died in 1997 by leaving four sons and three daughters. I am the elder son of my father. I am an engineer and...

Construction of house

You are the legal heir of your mother; hence, you have the right to mutate the property in your name. However, your name is entered in the revenue record as a legal heir of the deceased. So there will be no dispute towards heirship. After the construction of the house you will be the owner and no one will interfere in your right.

Builder is not returning my booking amount

Hello sir, I have booked a flat in Lucknow, the builder said that the time of booking that the project will accomplish in the year 2017. After taking faith upon him, I paid one lakh rupees as booking amount in the year 2015. When I visited the site in the year July...

Wife is threatening to take my flat

I am the owner of a flat purchased it before the marriage. My father is the co-owner in that property, and he also paid some amount in the purchase of the flat. The instalments of the EMI is about to complete. My father has relinquished his share in the property by...

Claim refund of money against the builder under RERA

Section 18 of the Real Estate (Regulation And Development) Act, 2016 (RERA) entitles the flat buyer to claim a refund of money and compensation for any loss from the builder. If the builder did not complete the project within time he shall be liable to refund the money with interest.

Land record shows my land as inalienable

The land revenue record shows the land as inalienable when the tenure holder or owner of the land has no right to transfer the land. Generally, government land or patta land is made inalienable because actual right vested in the government. The tenure holder has the right to cultivate the land and enjoy the usufruct.

Daughter has the right in ancestral property

My mother was eligible for her father's ancestral property accordingly to THE HINDU SUCCESSION (ANDHRA PRADESH AMENDMENT) ACT 1985. She got married after the amended Act. She didn't fight for her rights when her brothers sold the property after my grandfather's death...

Can a person claim ownership on the basis of mutation

Father purchased a plot out of his own income but the plot was registered in the name of my mother. The said plot is muted in my mother's name, therefore, my mother claims that she is the absolute owner of the plot. I have one brother and one sister all are married I...

Step mother sold joint family property

My father has made a gift in favour of his second wife who is my stepmother thereupon she took possession over the property. She sold that property to his son-in-law thereafter my step-sister erected a house thereon. The property gifted was probably our joint family...

Correction in land record kept under the uttar pradesh land revenue code

I seek your advice in respect of correction of my name in UP land revenue records. When my father accrued right in the ancestral land after the death of my grandfather, he was very young when his father dies so that he could not pursue his case correctly. Hence...

quick Advice

Get A Quick Advice

Book an appointment for 15 minutes and consult with an expert over the phone within minutes

Talk to Advocate Shivendra

Book a phone consultation for 30 minutes and get solid advice on the phone

Book it Now
Share via