The right to property was considered every Indian citizen’s fundamental right, under part III, Article 19 (1)(f) but with the 44th constitutional amendment in place, it became a constitutional right. The constitution empowers the state to take over private property in exchange for fair compensation, only if necessary for public purposes. The issues relating to acquisition were dealt with in Land Acquisition Act 1894 but were replaced by the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013. Property is defined as any movable, immovable, tangible or intangible asset that belongs to a person. After the 44th constitutional amendment, right to property is no longer a fundamental right but only a legal right of every Indian citizen. In the case of Chairman, Indore Vikas Pradhikaran v. Pure Industrial Coke and Chemicals Ltd and others, the Supreme court ruling held that right to property is not just a constitutional right, but a legal and human right as well. Article 31 of the constitution deals with Compulsory Acquisition of Property, and has been repealed and replaced by Article 300A. Article 31 (2) states that property can only be acquired by the appropriate government when it is used for a public purpose specified under the act. Substantial deprivation of property is enough to make the state liable to pay compensation, even if the property is not used for the purpose stated. Several laws have been passed to streamline the process of land acquisition, resettlement, rehabilitation and right to property. However, while answers to some situations are explicit, some issues are yet to find concrete answers.
Land Acquisition and Property Rights in India
