IMPORTANT POINT
The State must adhere to due process in land acquisition, ensuring compensation is paid before dispossession, as mandated by Article 300-A of the Constitution.

JUDGMENT :

SRI ANANDA SEN, J.

Heard the learned counsel for the parties.

2. Ms. Nancy Sahay, Deputy Commissioner, Hazaribagh, Sri Vidya Bhushan Kumar, SDM, Hazaribagh, Sri Shailendra Kumar Lal, Municipal Commissioner, Hazaribagh and Ramesh Kr. Suri, EE HMC, Hazaribagh appear before this Court pursuant to earlier order passed by the Co-ordinate Bench of this Court.

3. This writ petition is being disposed of at this stage itself.

4. Both the petitioners are brothers, have approached this Court for the following relief(s):-

(i) For quashing of the last notice issued vide memo No. 2335/Sa.Pra dated 18.8.2022 (Annexure-8) whereby the respondent authorities informed the petitioners about construction of drainage in their land.

(ii) For direction upon the respondents to restrain the construction of drainage over the raiyati land of the petitioners in utter violation of Jharkhand Municipal Act, 2011.

(iii) For direction upon the respondents to construct the drainage after acquisition of land and following the procedure of law and grant compensation accordingly.

(iv) For direction upon the respondents particular the respondent No. 4 to stop the construction work of drainage till acquisition of land and to stay further construction work of drainage inside the house of the petitioners.

5. Admittedly, without any land acquisition and without paying any compensation, a public drain has been constructed over the land of this 2. petitioners. The petitioners are not opposing the construction of the drain but their only grievance is that they should have been paid appropriate compensation before the State entered over the land of the petitioners, upon which the drainage system was constructed.

6. Today, the counsel for the respondents hands over a copy of assessment order by which, the compensation has been assessed at Rs.13,04,413.00, which is to be paid to both the petitioners. This assessment is dated 27.1.2024. A copy of the notice has also been handed over by the counsel for the State, which is dated 28.01.2024, in respect of acquisition of the portion of the land upon which, the drain has been constructed.

7. From the aforesaid fact, I find that it is an admitted case that the drainage system has been constructed over the land of the petitioners without paying any compensation and without even acquiring the same. The petitioners have been deprived of their property without the law being followed.

8. The concept that the acquisition of land should be conducted in accordance with the due process of law is rooted in the fundamental principles of justice, equity and good conscience. While the right to property is no longer considered a fundamental right, it is crucial to note that the right against deprivation of property, unless in accordance with the procedure established by law, continues to be a constitutional right under Article 300-A. State must protect citizens and respect their Constitutional right to property, enshrined under Article 300A of the Constitution of India. The State’s duty is to act responsibly and ethically in matter of land acquisition and it should treat justly and fairly throughout the process. The state, as a custodian of Citizens’ rights, must adopt the process which aligns with the constitutional provisions and their principles.

9. The Supreme Court in the case of Sukh Dutt Ratra v. State of H.P. reported in (2022) 7 SCC 508 has highlighted the significance of Article 300A and held that forcible dispossession of private property of a person without following due process of law, is violative of both human & Constitutional Right. It is held in the para 13, 14, 15 & 25 as under:-

13. While the right to property is no longer a fundamental right [“Constitution (Forty-fourth Amendment) Act, 1978”], it is pertinent to note that at the time of dispossession of the subject land, this right was still included in Part III of the Constitution. The right against deprivation of property unless in accordance with procedure established by law,