mentioned
therein, in the absence of law, would be violative of Article 300A of
18
wp113-19.doc
the Constitution of India. He submitted ... gazetted.
Article 19(1)(g) of the Constitution requires enactment of law and not
issuance of executive instructions. Similarly, Article 300A of the
Constitution also
raised by the petitioners, in
this case, is that it violates Article 300A of the Constitution of India.
According to the learned Senior Counsel, there ... will not come within the purview of
the property mentioned in Article 300A of the Constitution of India
is the submission.
7. The short point
said finding recorded by the said authority is contrary to Article
300A of the Constitution of India. In this regard, it is relevant to
refer ... right 2 in a welfare State, and a Constitutional
right under . Article 300A of the Constitution. Article 300A
A provides that no person shall
condition precedent for
sanctioning of the building plans violates Article 300A of the
Constitution of India.
13. In the absence of any legal authority ... support by
competent legislature as enumerated in Article 300A of the
Constitution of India, the petitioners cannot be deprived of their
right over the immoveable
road. Learned Single Judge,
further, after considering the mandate of Article 300A of the
Constitution held that appellants would be entitled to
compensation ... their property without
authority of law would be violative of Article 21 and Article
300A of the Constitution.
8
11. Article 300A though
public purpose' is given either under repealed
Article 31(2) , or under Article 300A or under repealed Land
Acquisition Act 1894, nor any limitation ... Article 162 , as is clear from the opening words, is subject to
other provisions of the Constitution. It is, therefore,
necessarily subject to Article 300A
grant NOC. He submitted that this Court
while exercising the powers under Article 226 of the Constitution of
India does not sit in appeal over ... ground of security issue. He submitted
that no violation of Article 300A has been committed by the
WP-3543.2018 (j).doc
29
respondents by refusing
para 6)
" 6. ... Having regard to the provisions
contained in Article 300A of the Constitution,
the State in exercise of its power ... same
cannot be taken away except in accordance
with law. Article 300A of the Constitution
protects such right. The provisions of the Act
seeking
context, amongst others,
of the right to compensation under Article 300A of the
Constitution of India did observe hereunder in paragraph
134:
"134. Hugo ... Article 21 was noted. It was
concluded that public purpose is an inviolable, prerequisite
for deprivation of a person of his property under Article
300A
held that:
" 6. ... Having regard to the provisions contained in Article
300A of the Constitution, the State in exercise of its power ... same cannot be taken away except in
accordance with law. Article 300A of the Constitution protects
such right. The provisions of the Act seeking
