Allahabad High Court Upholds Right to Property, Orders Compensation for Unlawful Land Use

State Directed to Compensate Landowners for Gram Panchayat's Unauthorized Use of Private Land for Public Road

In a significant judgment reaffirming the constitutional right to property, the Allahabad High Court, Lucknow Bench, has ordered the State of Uttar Pradesh to compensate petitioners Kaushal Kishore and another for the unauthorized use of their land by the Gram Panchayat for constructing a public road. The court's decision emphasized that no person can be deprived of their property without due process of law, underscoring property as both a constitutional and human right.

The case arose when the Gram Panchayat of village Andka constructed a public way over 0.109 hectares of the petitioners' land without following the legal acquisition process or providing compensation. Despite the petitioners' attempts to seek redress, their grievances were ignored by the authorities, prompting them to file a writ petition under Article 226 of the Constitution.

The court, comprising Justices Shekhar B. Saraf and Prashant Kumar, delivered a strong rebuke to the State's claim of adverse possession, stating that a welfare state cannot dispossess citizens of their property without legal sanction. The judgment referenced landmark Supreme Court rulings, including Vidya Devi v. State of Himachal Pradesh, which reinforce the right to property as a fundamental constitutional and human right.

The court directed the State to pay compensation within twelve weeks, calculated according to the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act, 2013, reflecting the current market value of the land.

This ruling serves as a crucial reminder of the government's obligation to respect property rights and the legal procedures necessary for land acquisition, reinforcing the principles of a democratic polity governed by the rule of law.

Bottom Line:

Right to Property - The State cannot deprive a citizen of their property without following due procedure of law, as the right to property is a constitutional right under Article 300A and also a human right.

Statutory provision(s): Article 300A, Article 226, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013

Kaushal Kishore v. State of U.P., (Allahabad)(Lucknow)(DB) : Law Finder Doc Id # 2813480