The Supreme Court has reaffirmed that the right to property, though no longer a fundamental right, remains a constitutional right under Article 300-A of the Constitution and a human right in a welfare state. Article 300-A mandates that no person can be deprived of their property except by the authority of law and upon adequate compensation.

A bench comprising Justices B.R. Gavai and K.V. Viswanathan delivered this verdict in a case challenging a Karnataka High Court judgment regarding land acquisition for the Bengaluru-Mysuru Infrastructure Corridor Project (BMICP). The case involved appellants whose land was acquired in 2003 by the Karnataka Industrial Areas Development Board (KIADB), but compensation was delayed for over two decades due to administrative negligence.

The bench highlighted that while the Constitution (Forty-Fourth Amendment) Act, 1978, downgraded the right to property from a fundamental right, its protection under Article 300-A ensures individuals are not deprived of property arbitrarily. Emphasizing the principle of fairness, the court directed compensation to be calculated based on market value as of April 22, 2019, rather than 2003, to address inflation and the prolonged deprivation suffered by the appellants.

The judgment criticized the state’s "lethargic attitude," noting the appellants were forced to repeatedly approach courts over 22 years to claim their dues. It invoked the Supreme Court’s extraordinary powers under Article 142 to shift the valuation date, ensuring justice.

The court directed the Special Land Acquisition Officer (SLAO) to reassess compensation within two months, allowing the parties to challenge the award if dissatisfied. Stressing the erosion of money’s value over time, the bench underscored the need for prompt resolution and disbursal in land acquisition cases, reinforcing the constitutional mandate to protect property rights.

The Supreme Court has reaffirmed that the right to property, though no longer a fundamental right, remains a constitutional right under Article 300-A of the Constitution and a human right in a welfare state. Article 300-A mandates that no person can be deprived of their property except by the authority of law and upon adequate compensation.

A bench comprising Justices B.R. Gavai and K.V. Viswanathan delivered this verdict in a case challenging a Karnataka High Court judgment regarding land acquisition for the Bengaluru-Mysuru Infrastructure Corridor Project (BMICP). The case involved appellants whose land was acquired in 2003 by the Karnataka Industrial Areas Development Board (KIADB), but compensation was delayed for over two decades due to administrative negligence.

The bench highlighted that while the Constitution (Forty-Fourth Amendment) Act, 1978, downgraded the right to property from a fundamental right, its protection under Article 300-A ensures individuals are not deprived of property arbitrarily. Emphasizing the principle of fairness, the court directed compensation to be calculated based on market value as of April 22, 2019, rather than 2003, to address inflation and the prolonged deprivation suffered by the appellants.

The judgment criticized the state’s "lethargic attitude," noting the appellants were forced to repeatedly approach courts over 22 years to claim their dues. It invoked the Supreme Court’s extraordinary powers under Article 142 to shift the valuation date, ensuring justice.

The court directed the Special Land Acquisition Officer (SLAO) to reassess compensation within two months, allowing the parties to challenge the award if dissatisfied. Stressing the erosion of money’s value over time, the bench underscored the need for prompt resolution and disbursal in land acquisition cases, reinforcing the constitutional mandate to protect property rights.