Andhra Pradesh High Court Upholds Property Rights in Landmark Judgment
Court Directs Authorities to Ensure Due Process in Land Acquisition Under National Highways Act
In a significant judgment, the Andhra Pradesh High Court has reinforced the importance of adhering to constitutional rights concerning property ownership and acquisition processes. The case, Balam Ramanamma v. Union of India, centered around the improper acquisition of land under the National Highways Act, 1956, without adequate notification and observance of due process, thereby violating Article 300-A of the Constitution.
Justice Tarlada Rajasekhar Rao presided over the case, consolidating multiple writ petitions concerning land acquisition in the Vizianagaram District. The petitioners argued that their properties were interfered with without proper notification and acquisition procedures, thus infringing their constitutional right to property.
The judgment highlighted seven foundational rights under Article 300-A, which need to be respected by the state before depriving citizens of their property. These rights include the right to notice, right to be heard, right to a reasoned decision, duty to acquire only for public purpose, right to fair compensation, right to an efficient process, and right to conclusion. The court underscored that failure to adhere to these principles renders any acquisition process legally challengeable.
Drawing upon the Supreme Court's precedent in Kolkata Municipal Corporation v. Bimal Kumar Shah, the High Court reiterated the necessity of these principles being integral to laws involving compulsory acquisition of private property. The judgment emphasized that payment of compensation alone does not signify the completion of the acquisition process; actual physical possession of the land must be taken for the acquisition to be deemed complete.
In response to the submissions from government representatives, the court directed that due process must be followed in all future acquisitions under the National Highways Act. The writ petitions were disposed of with a directive to ensure compliance with legal procedures, safeguarding the constitutional rights of property owners.
Bottom Line:
Acquisition of land under the National Highways Act, 1956 - Interference with possession of private property without proper notification and acquisition amounts to infringement of Article 300-A of the Constitution of India - Seven foundational rights of property owners under Article 300-A to be respected by the State before depriving them of their property.
Statutory provision(s): Article 300-A of the Constitution of India, National Highways Act, 1956, Sections 3A, 3D, and 3G (3) of the National Highways Act, 1956.
Balam Ramanamma v. Union of India, (Andhra Pradesh) : Law Finder Doc Id # 2791791
