Case Brief
Petitioner: Kalyani (Dead)
Respondent: Sultan Bathery Municipality
Date of Judgement: April 26, 2022
Appeal (Civil) No. – 3189 of 2022
Citation: 2022 SCC OnLine SC 516
Bench / Coram: S. Abdul Nazeer, Vikram Nath.
Statutes Referred:
Constitution of India, 1950
Land Acquisition Act, 1894
The Information Technology, 2000
Cases Referred:
K.T. Plantation Private Limited and another vs. State of Karnataka
Judgement:
Honourable Supreme Court of India has held that Article 300A of the Constitution of India is a constitutional right therefore a statutory right. It is held that Article 300A provides that no citizen would be deprived of his property save without authority of law.
“Article 300A though not a fundamental right but nevertheless it has status of being a constitutional or a statutory right. It provides that no citizen would be deprived of his property save without authority of law. Depriving somebody of his property, where it is land, can be made by number of modes e.g. by acquisition, surrender or by transfer and other facets also.”
“In the present case, it being utilized for the road to be owned by the Panchayat/Municipality, it could either have been voluntarily surrendered, transferred by way of title deeds or by way of acquisition as may be provided under the statute.”
Drafted by- Abhijit Mishra