ValkyaEditorial

Tagged “eminent-domain”

1 article on eminent-domain.

Supreme CourtSupreme Court of India

Kolkata Municipal Corporation v. Bimal Kumar Shah: Article 300A as a net of seven procedural sub-rights

On 16 May 2024, a two-judge Bench of the Supreme Court held that the constitutional right to property under Article 300A is 'a net of intersecting sub-rights' — and that before depriving a person of property the State must honour seven procedural sub-rights: notice, hearing, a reasoned decision, public purpose, restitution or fair compensation, an efficient and expeditious process, and conclusion. Because Section 352 of the Kolkata Municipal Corporation Act, 1980 prescribes no procedure for acquisition, it can never be a valid power of acquisition, and the purported deprivation was without authority of law. A digest of the holding, the seven sub-rights, and their significance for land-acquisition practice.

Valkya Editorial··8 min