Supreme Court has stated that forcible dispossession of a person’s property a human right violation
SC stated that right to property is both a human right and a constitutional right — the latter under Article 300A of the Constitution.
The court noted “some amount of property right is an indispensable safeguard against tyranny and economic oppression of the government.”
Article 300A states that – No person shall be deprived of his property save by the authority of law.
The 44th constitutional amendment act, 1978 inserts article 300-A.
Before this amendment, right to property was the fundamental right, enshrined in article 19 (1) (f) & 31 of the Constitution.
After 44th amendment, article 300-A only prohibits deprivation of the right to property by mere executive order unless that order is made or authorised by some law enacted by the legislature
However, the aggrieved person can challenge the legality or fairness of procedure followed for acquisition of land instead of acquisition of land
