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The Supreme Court of India has underscored the constitutional safeguards that must be followed before the State can acquire private property, emphasizing the importance of adhering to fair procedures and upholding the rights of property owners under the Indian Constitution.
The ruling reinforced that the power of eminent domain cannot override procedural justice, and highlighted the necessity of a fair procedure of law before any person's immovable property can be deprived.
The court outlined seven fundamental procedural rights that must be observed before any valid acquisition of property, including the rights to inform the person about the State's intention to acquire their property, the right to be heard, the right to an informed decision, and the right to fair compensation.
On the part of the State, the court said acquisition must be only for public purposes, and that the State must conduct the acquisition process efficiently within prescribed timelines. The seventh procedural right is the right to the conclusion, meaning the acquisition process must lead to a conclusion, ensuring the property vests with the State.
The ruling clarified the State's obligations and strengthened the procedural protections afforded to property owners, reinforcing the constitutional principles of justice and fairness in property rights.
In the present case, the court repelled the municipal corporation's attempt to acquire private property under Section 352 of the Act for constructing a park because the impugned provision was bereft of any procedure before depriving a person of his property.
The Supreme Court's ruling is a significant development in the area of property rights in India, and it is likely to have a far-reaching impact on the way that the State acquires private property in the future.
Source: SC outlines State’s duty before acquiring private property in landmark ruling