Searching Case Laws & Precedent on Legal Query..!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query..!
Scanned Judgements…!
Right to Fair Compensation - The right to fair and reasonable compensation is recognized as a fundamental aspect of justice, especially in cases of injury, land acquisition, or deprivation of property. For instance, the justice for an inmate who has suffered disability due to an injury suffered which is work related in the prison, has fundamental right to get justice and compensation as per law ["Ved Yadav VS State of NCT of Delhi - Delhi"]. Similarly, the legislature emphasizes that compensation should be fair and reasonable and that victims of accidents or expropriation are entitled to such compensation ["Mohsina VS Union Of India - Delhi"].
Evolution of Property Rights - The right to property was once a fundamental right but has been reclassified as a constitutional right after the 44th Amendment. Right to property is no longer a fundamental right; it is only a constitutional right ["Sukapuram Sabhayogam VS State of Kerala - Kerala"]. Post-amendment, the right in property can be deprived only by law that is just, fair and reasonable ["V. N. Narayanan Nair VS State of Kerala - Kerala"]. The deletion of Articles 19(1)(f) and 31 from the fundamental rights chapter shifted property rights to a constitutional framework under Article 300-A, which is subject to legal provisions and does not automatically guarantee fundamental rights to property owners ["T. S. Krishnamurthy VS The Authorised Officer, Special Collector - Madras"].
Legal Safeguards and Compensation Laws - Laws such as the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, establish the obligation of the state to provide fair compensation for land acquisition, emphasizing that the amount should be a fair and reasonable compensation ["Mohsina VS Union Of India - Delhi"]. Amendments and statutes enacted under Article 300-A require that any deprivation of property must be just, fair and reasonable, aligning with constitutional principles ["State of Karnataka by the Secretary Department of Housing M. S. Building VS B. R. Muralidhar - Karnataka"]. Courts have held that deprivation without adequate compensation violates constitutional rights, even if property is no longer a fundamental right ["Atmaram Sukhdeorao Patil & another VS State of Maharashtra - Bombay"].
Analysis and Conclusion:The collective legal perspective underscores that the right to fair compensation is a core element of constitutional protections related to property and individual rights. Although the right to property is no longer a fundamental right since the 44th Amendment, it remains a protected constitutional right that mandates fair and just compensation in cases of deprivation. The law and judiciary emphasize that any deprivation must adhere to principles of fairness, legality, and adequacy of compensation, reaffirming that the right to fair compensation continues to be a fundamental aspect of justice and human rights after amendments to the constitutional framework ["Ved Yadav VS State of NCT of Delhi - Delhi"] ["Sukapuram Sabhayogam VS State of Kerala - Kerala"] ["Mohsina VS Union Of India - Delhi"].
In the realm of property rights, one persistent question arises: Is the right to fair compensation a fundamental right after the amendment to the Indian Constitution? This issue is crucial for landowners, developers, and policymakers navigating land acquisition processes. With rapid infrastructure growth, understanding the shift from constitutional guarantees to statutory protections is essential. This post delves into constitutional changes, judicial interpretations, and practical implications, drawing from key case law and statutes. Note: This is general information and not specific legal advice; consult a qualified lawyer for your situation.
Historically, the right to property was enshrined as a fundamental right under Articles 19(1)(f) and 31 of the Indian Constitution, mandating fair compensation for state acquisitions. However, the 44th Constitutional Amendment in 1978 dramatically altered this landscape by deleting Article 31 and introducing Article 300A, which states: No person shall be deprived of his property save by authority of law.
Post-amendment, the right to fair compensation is not recognized as a fundamental right. Instead, it operates as a statutory or legislative right, subject to laws like the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLARR Act). The amendments shifted emphasis from constitutional mandates to legislative provisions, potentially limiting compensation scopes [
#FairCompensation, #PropertyRightsIndia, #LandAcquisition
right or availing compensation for injuries even as a prisoner. ... The justice for an inmates who has suffered disability due to an injury suffered which is work related in the prison, has fundamental right to get justice and compensation as per law. 27. ... There must be a corrective legal procedure fair and reasonable and effective. ... Since the question of fundamental right of the prisoners is in issue and the legal position of they being on dif....
Sudhakaran submitted that the right to property is no longer a fundamental right. ... ... Right to property is no longer a fundamental right; it is only a constitutional right. ... of taking private property became merged in the absolutism of Parliament, and the right to compensation as a fundamental right-of the subject does not exist independently of Parliamentary enactment. ... Govinda Wariyar....
... Therefore, as rightly contended by the learned Advocate General, by reproducing the said right under Article 300-A of the Constitution, what was once a Fundamental Right ceased to be a Fundamental Right and it became a mere legal right by virtue of shifting of the said right from ... We further hold that after the Constitution Forty-forth Amendment Act has come into force, the right to property under Articles 19(1)(f) and 31 had....
This is fair, see the Canadian cases of Mine v. ... be, of the Government of any State to dismiss any officer without compensation. ... [119] Accordingly, when any State action is challenged as violating a fundamental right, such as the right to life or personal liberty under art 5(1), art 8(1) will at once be engaged such that the action must meet the test of proportionality. ... Section 5 read as follows: (1) No officer shall have an absolute right to compensation ....
The Railway Accident (Compensation) Rules, 1990 has been amended by Railway Accidents and Untoward Incidents (Compensation) Amendment Rules, 2016 w.e.f. 01st January, 2017. By the said amendment, the compensation for death has been enhanced from Rs.4 lakhs to Rs.8 lakhs. ... What the legislature wanted was that the victim of the accident must be paid compensation and the amount must represent a reality which means the amount should be a fair and reasonable c....
Learned Counsel submits that the amendment is only regulating the relationship of landlord and tenant and not an unreasonable restriction on the fundamental right of the landlord. We do not accept this contention. ... Article 19(1)(f) of the Constitution declared the fundamental right of all citizens to acquire, hold and dispose of property. ... Article 19(1)(f) declares the fundamental right of the landlord to hold property. It is not necessary for the present purpos....
for standing trees and crops on the projected right of way, and for determining market value of perennial trees, Crops on Project Right ... Judicial approach ensures that the authority acts bonafide and deals with the subject in a fair, would obviously not be a fair, reasonable or objective construed and interpreted to the detriment of a land-owner who has been divested of its land without payment of fair
It is also contended that such compulsory acquisition, without adequate compensation or illusory compensation, would seriously affect the fundamental right to life guaranteed under Article 21 of the Constitution as the right to life encompasses not only a right to existence, but also the right to enjoy ... The Supreme Court went into the history of the fundamental right to property, right from the debates in the Co....
The petitioner is not questioning the law of acquisition on the ground that it infringes the fundamental right under Arts. 19, 14 or 31, but complains that the State is infringing his fundamental right under Art. 19 without any valid law to support its action. ... fundamental rights mentioned therein. ... One of the principles is that in respect of land other than banjar land for the first 25 standard acres of land the compensation payable is 12 times the fair rent. .....
Reverting to the contentions of the petitioners. the first point based on Article 300A is developed by counsel. stating that though the right of property has ceased to be a fundamental right after the deletion of Article I9(1)(f) and Article 31 by the 44th Amendment. the right to be adequately compensated ... It was in this background that the 44th Amendment came in doing away with right to property from the fundamental rights Chapter. by deleting Ar....
Necessarily, Section 25 of the Right to Fair Compensation Act will have applicability only to those cases where Section 19 of the Act applies, since the declaration contemplated in the second mentioned provision will also include Declaration on Rehabilitation and re Settlement, which is alien to the declaration under Section 6 of the Old Act. Alternatively, he argued that the pendency of successive Concomitantly, all the provisions of the Right to Fair Compensation Act cannot be read into Section 24(1)(a).
The right to get a fair trial is a basic fundamental and human right. Any procedure which comes in the way of a party in getting a fair trial would be violative of Article 14 of the Constitution.
The right to get a fair trial is a basic fundamental and human right. Any procedure which comes in the way of a party in getting a fair trial would be violative of Article 14 of the Constitution.
After the constitutional amendment, right to hold property is no more a fundamental right. As per Section 5-A of the Act, every objection under sub-section (1) of the said Section shall be made to the Collector in writing, and that the Collector shall give the objector an opportunity of being heard in person or by any person authorised by him in this behalf or by pleader. It is the eminent domain of the government to acquire any land for public purpose. Section 5A of the Land Acquisition confers a valuable and a very important right to a person, whose lands are sought to be....
According to Criminal Jurisprudence every man is presumed to be innocent till proven guilt. The burden of proving the guilt of the accused lies on the State. 6. The right to a fair trial is a fundamental right of a person.
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