Topic

constitutional right to property

The constitutional right to property in India is protected under Article 300A, which prohibits the state from depriving any person of property without authority of law and just compensation.

6 articlesLatest May 2026
Section 28-A Land Acquisition Act | Final Compensation Order Cannot Be Stalled by Administrative Delay: Orissa HC Directs Payment with 9% Interest from 1979
Case Law Analysis
|Orissa High Court

Section 28-A Land Acquisition Act | Final Compensation Order Cannot Be Stalled by Administrative Delay: Orissa HC Directs Payment with 9% Interest from 1979

Orissa High Court reinforces that once a compensation enhancement order under Section 28-A of the Land Acquisition Act is finalized, administrative delays cannot override judicial directives. The court directed the state to sanction and disburse the 27-year-old enhanced compensation by July 2026, with 9% interest from 1979, upholding the constitutional right to property against procedural bottlenecks.

Article 300A | Physical Use of Private Land for Public Roads Triggers Compensation Even Without Formal Acquisition : Chhattisgarh HC
Case Law Analysis
|Chhattisgarh High Court

Article 300A | Physical Use of Private Land for Public Roads Triggers Compensation Even Without Formal Acquisition : Chhattisgarh HC

The Chhattisgarh High Court has ruled that the state’s physical occupation of private land for public infrastructure, even when excluded from the official acquisition award, violates the constitutional right to property under Article 300A. This sets a critical precedent: compensation is not contingent on procedural paperwork but on actual deprivation of land use, affecting thousands of landowners in informal acquisition scenarios across India.

Article 300A | Physical Land Utilization Without Award Triggers Compensation Right : CGHC Mandates 30-Day Decision & 6-Month Payment
Case Law Analysis
|Chhattisgarh High Court

Article 300A | Physical Land Utilization Without Award Triggers Compensation Right : CGHC Mandates 30-Day Decision & 6-Month Payment

Chhattisgarh High Court ruled that mere physical use of land for public projects-even if omitted from the acquisition award-activates the constitutional right to compensation under Article 300A. The court directed authorities to decide delayed claims within 30 days and disburse payment within six months of demarcation, reinforcing due process for landowners deprived of property without formal acquisition.

Article 300A | State Occupation of Private Land Without Due Process or Compensation Violates Constitutional Right : CGHC
Case Law Analysis
|Chhattisgarh High Court

Article 300A | State Occupation of Private Land Without Due Process or Compensation Violates Constitutional Right : CGHC

Chhattisgarh High Court rules that the state cannot take possession of private land without following acquisition procedures or paying compensation, as it violates Article 300A. The court directed demarcation within 30 days and mandated compensation within five months if possession is confirmed, reinforcing property rights against arbitrary state action.