'Acquisition without following legal process will be unconstitutional', Supreme Court gives important decision

The Supreme Court, in an important decision on Thursday, said that if proper legal procedure is not adopted before depriving a person of his property rights, then compulsory acquisition of private properties will be unconstitutional.

The top court also said that the statutory scheme of payment of compensation instead of the acquisition of private properties would also not be appropriate if proper procedure is not followed by the state and its machinery.

The appeal of Kolkata Municipal Corporation was dismissed by a bench consisting of Justices PS Narasimha and Arvind Kumar. In an attempt to overturn the division bench of the Kolkata High Court's ruling to revoke the purchase of a city property on Narkeldanga North Road to construct a park, the urban body had petitioned the highest court.

The High Court had said in its judgment that the Municipal Corporation has no power under a specific provision for compulsory acquisition. The top court said in its decision that procedural rights are provided to the land owner under Article 300A. The State has to inform the person concerned that it intends to acquire his property. The state also must listen to the objections to acquisition.