Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India: Art. 300A–No person shall be deprived of his property save by authority of law – Right to compensation to the farmers for the land acquired – Held: Art. 300A |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Constitution of India: Art. 300A–No person shall be deprived of his property save by authority of law – Right to compensation to the farmers for the land acquired – Held: Art. 300A clearly mandates that no person shall be deprived of his property save by authority of law–On facts, appellants are farmers – They gave their agricultural land to Panchayat/Municipality for being utilized for the construction of road, on assurance that they would be given compensation, however the same was not given – Land 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 Art. 21 and Art. 300A –No authority of law under which the land of the appellants-farmers was taken and they were deprived of the same – If the Panchayat and the PWD failed to produce any evidence that appellants have surrendered their lands voluntarily, depriving the appellants of the property would be in violation of Art. 300-A– Construction/widening of road no doubt would be a public purpose but there being no justification for not paying compensation the action of the Panchayat/Municipality would be arbitrary, unreasonable and clearly violative of Art. 300-A–Thus, the judgement of the Single Judge of the High Court that the appellants would be entitled to compensation for the land utilized for the construction/widening of the road is upheld. |
Judge | Hon'ble Mr. Justice Vikram Nath |
Neutral Citation | 2022 INSC 478 |
Petitioner | Kalyani (dead) Through Lrs. & Ors |
Respondent | The Sulthan Bathery Municipality & Ors. |
SCR | [2022] 5 S.C.R. 849 |
Judgement Date | 2022-04-26 |
Case Number | 3189 |
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