Nobody should be deprived of property except by due procedure, law: SC

Article 300A of the Constitution though not a fundamental right but has the status of being a constitutional right, ensures no citizen would be deprived of his property

The Supreme Court on Tuesday said nobody should be deprived of his land except by acquisition, surrender or transfer, or any other procedure as the right to property is a constitutional and statutory right.

"Article 300A of the Constitution though not a fundamental right but nevertheless has the status of being a constitutional or a statutory right. It provides that no citizen would be deprived of his property save without authority of law," a bench of Justices Dinesh Maheshwari and Vikram Nath said.

The top court added depriving somebody of his property, where it is land, can be made by number of modes eg: by acquisition, surrender, or through transfer and other facets also.

It allowed an appeal filed by legal representatives of Kalyani against the decision of a division bench of the Kerala High Court, rejecting their claims for compensation for taking over their 1.7 hectares of land for the widening of the road by Sulthan Bathery Municipality.

The High Court relied upon the contention by the Panchayat that they had voluntarily surrendered their land for no consideration.

The top court, however, noted, in the present case, admittedly, there are neither any acquisition proceedings nor any transfer of rights by the appellants by way of sale, gift or otherwise. What is being alleged is that it was a voluntarily surrender of rights for no consideration but the authorities failed to furnish any document to prove it, the court said.

"The appellants are farmers and the land utilised is agricultural land. It was part of their livelihood. Depriving them of their part of their livelihood and also of their property without authority of law would be violative of Article 21 and Article 300A of the Constitution," the bench said.

The court restored a single judge's decision of the High Court, which had directed the Panchayat, converted into the municipality, to disburse the amount as may be determined by the Collector after ascertaining the market value of the property to the concerned parties.