Indian Kanoon - Search engine for Indian Law

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State of Himachal Pradesh and others Versus Sita Ram and the connected matter LPA No.33 of 2021 a/w Ex. Petition No.17 of 2019 .

8. The learned counsel for the respondent-writ petitioner relying on the judgment of Supreme Court in State of U.P. and others Versus Manohar, reported in (2005) 2 Supreme Court Cases 126 argued that by 44th amendment, Article 300- A was placed in the Constitution of India. Right of property has thus been acknowledged as constitutional right and no citizen can be deprived of his property without known due process. Relying on the judgment of Supreme Court in Sayyed Ratanbhai Sayeed (Dead) through Legal Representatives and others Versus Shirdi Nagar Panchayat and another and the connected matters, reported in (2016) 4 Supreme Court Cases 631, the learned counsel argued that Supreme Court in that case has held that the right to property is not only a constitutional or statutory right, but also a human right, to be construed in the realm of individual rights in the Welfare State.

7. Ours is a constitutional democracy and the rights available to the citizens are declared by the

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State of Himachal Pradesh and others Versus Sita Ram and the connected matter LPA No.33 of 2021 a/w Ex. Petition No.17 of 2019 .

Constitution. Although Article 19(I) (f) was deleted by the 44th Amendment to the Constitution, Article 300A has been placed in the Constitution, which reads as follows:

Court Cases 356; (ii) Lachhman Dass Versus Jagat Ram & Ors., (2007) 10 SCC 448; (iii) Amarjit Singh & Ors. Versus State of Punjab & Ors., (2010) 10 SCC 43; (iv) Narmada Bachao Andolan Versus State of Madhya Pradesh & Anr., AIR 2011 SC 1989; and (v) State of Haryana Versus Mukesh Kumar & Ors, AIR 2012 SC 559.

26. In view of the afore discussed law, it must be held that even after the right of property enshrined under Article 19(I) (f) was deleted by the 44th amendment to the Constitution, Article 300A still retains the right to property as the constitutional right as well as legal right and mandates that no person can be deprived of his property except by authority in law. Action of the State in dispossessing a citizen of his private property, without following the due process of law, would be violative of Article 300A of the Constitution of India, as also negate his human right. Right to property has thus been acknowledged, not only constitutional as well as statutory, but also human right, to be construed in the realm of individual rights, such as right to health, livelihood, shelter,