States Must Compensate Fairly For Land Acquisition: Supreme Court

The Supreme Court on Friday said the State cannot be permitted to acquire citizens' land without paying appropriate compensation.

A bench of Justices B R Gavai and K V Viswanathan observed that though the right to property was no longer a fundamental right, it was still a constitutional right.

The supreme court dismissed a batch of pleas filed by the Himachal Pradesh government and others challenging an order of the state high court which had held that the State cannot take possession of citizens' land without paying compensation.

"Although the right to property is no longer considered a fundamental right, it is still a constitutional right. The State cannot be permitted to acquire citizens' land without paying appropriate compensation," the top court said.

The bench noted it has come across several matters where the Himachal Pradesh government has challenged the orders passed by the division bench of the state high court directing compensation to be paid to the land owners.

It said in these circumstances, it would have been justified in dismissing the petitions filed by the state with exemplary costs.

"However, we refrain from doing so now and simply dismiss these special leave petitions," it said.

The bench noted the land owners had approached the high court with a grievance that though the possession of their lands were taken for road construction, they did not receive compensation.

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