Supreme Court: In an appeal against the Calcutta High Court Judgment, wherein the Court while setting aside the acquisition of land by the Kolkata Municipal Corporation (‘KMC’) under Section 352 of the Kolkata Municipal Corporation Act, held that a valid power of acquisition with fair compensation by itself would not complete and exhaust the power and process of acquisition, the division bench of PS Narasimha and Aravind Kumar, JJ. has outlined the procedural guidelines to be adhered to by the government or its instrumentalities while acquiring land and depriving a citizen of his right to property under Article 300-A of the Constitution.
The Court said that prescription of the necessary procedures before depriving a person of his property is an integral part of the ‘authority of law’, under Article 300A and Section 352 of the Kolkata Municipal Corporation Act, contemplates no procedure whatsoever.
The Court imposed a cost of Rs.5 lakh on KMC, to be paid to the landowner.
The Court explained that the following procedural rights are conferred on a landowner by Article 300A:
i) Duty of the State to inform the person that it intends to acquire his property — the right to notice;
ii) Duty of the State to hear the objections to the acquisition — the right to be heard;
iii) Duty of the State to inform the person of its decision to acquisition — the right to a reasoned decision;
iv) Duty of the State to demonstrate that the acquisition is for public purpose — acquisition only for public purpose;
v) Duty of the State to restitute and rehabilitate — the right to fair compensation;
vi) Duty of the State to conduct the process of acquisition efficiently and within prescribed timelines of the proceedings — the right to an efficient conduct;
vii) Final conclusion of the proceedings leading to vesting — the right of conclusion.
The Court explained that these seven principles may be procedural, but they are integral to the authority of law, enabling compulsory acquisition of private property and have now become part of our administrative law jurisprudence.
Source: Press
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