Supreme Court
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Though right in land not a fundamental right, it still remains an important Constitutional right, Supreme Court

The Supreme Court emphasised that, "the provisions of any Act seeking to divest any person from the rights in property have to be strictly followed."

Aishwarya Iyer

The Supreme Court recently reiterated that although the right to property was no more a fundamental right, it still remains an important Constitutional right under Article 300A of the Constitution of India (Basnett D through LRs v The Collector).

The Court said,

We may note that even though rights in land are no more a fundamental right, still it remains a constitutional right under Article 300A of the Constitution of India, and the provisions of any Act seeking to divest any person from the rights in property have to be strictly followed.
Supreme Court

The Bench comprising of Justices Sanjay Kishan Kaul and KM Joseph was deciding whether the due process of law was followed in acquiring certain land under Section 5(1) of the Sikkim Land (Requisition and Acquisition) Act, 1977. This law is similar the Land Acquisition Act, 1894.

In this case, the land was acquired back in 1980 to build a Progeny Orchard Regional Centre. The land acquisition was challenged, contending that no notice of acquisition was ever published, nor any process followed for the same.

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