Madras HC | “Authorities need to be told that right to property has close nexus with right to life under Art. 21”: HC while issuing notice in acquisition matter pending from 16 yrs

Madras High Court: N. Seshasayee, J., said that if the allegations made in the present petition were true then it exposes the callousness with which District Authorities deal with citizens’ right to property.

In the instant matter, it has been stated that some 16 years back, on 30-12-2004, a 4(1) notification was issued under the provisions of the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978 for acquiring the lands of the petitioners.

The above was challenged by the petitioners. Court had provided legal advice to the State Government/authorities concerned to go for fresh acquisition following the due process of law.  Till date, nothing has been done.

Further, it was added that the petitioner has been running from pillar to post to have their properties re-mutated in their names.

After no relief, petitioners approached the Court with the instant petition.

Bench expressed that, if the allegations were true then it only displays the apathy with which the Authorities deal with the right to property of the citizens of this country. They need to be told that right to property has a close nexus to right to life within the meaning of Article 21 of the Constitution of India.

By the inaction, the authorities had denied the right to these citizens at least for 10 years, and to that extent, they have transgressed the quality of life of the citizens of this country within the meaning of Article 21 of the Constitution of India.

D. Raja, Additional Government Pleader took notice for the respondent. He was directed to make a statement as to the correctness of the allegations made. The matter was posted for 11 -1-2021.

[Report will be updated when further order is available.]

[Jayalakshmi v. State of T.N., WP No. 181 of 2021, decided on 08-01-2021]

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