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'Acquisition without following legal process will be unconstitutional', Supreme Court gives important decision
The Supreme Court on Thursday said in an important decision 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 court said that if proper legal procedure is not followed by the state and its machinery. If the provisions of this Act are not followed, then the statutory scheme of payment of compensation instead of acquisition of private properties will also not be appropriate.
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.
