On 2 November 2012, a two-judge Bench of the Supreme Court held that even after the 44th Constitutional Amendment removed property from the list of fundamental rights, the right to property survives as both a human right in a welfare State and a constitutional right under Article 300A. The State had taken the appellants' land without acquisition or compensation; forcible dispossession without due process, the Court held, is unconstitutional — and the State cannot escape behind the very delay its own default produced.
On 8 January 2020, the Supreme Court held that the forcible dispossession of a citizen from her private property without following due process of law violates both the human right to property and the constitutional right under Article 300A. An illiterate widow's land had been taken for a road in 1967–68 with no acquisition and no compensation. A welfare State, the Court held, cannot plead the bar of limitation against a continuing wrong, nor perfect its title by adverse possession over its own citizen's land.