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Supreme Court on Private Property
January 19 , 2020
1688 days
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- The Supreme Court held that the citizen’s right to own private property is a human right.
- The state cannot take possession of it without following due procedure and authority of law.
- In a welfare state, right to property is a human right.
- Grabbing private land and then claiming it as its own makes the state an encroacher.
- Property ceased to be a fundamental right with the 44th Constitution Amendment in 1978 inserting Article 300A.
- Nevertheless, Article 300A required the state to follow due procedure and authority of law to deprive a person of his or her private property.
- The right to property is now considered to be not only a constitutional or statutory right, but also a human right.
- A Bench of Justices Indu Malhotra and Ajay Rastogi declared this verdict.
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