Dharnidhar Mishra (D) vs State of Bihar 2024 INSC 415- Ss 300A Constitution – Right To Property – Land Acquisition – Writ Petition – Delay & Latches

Constitution of India, 1950; Article 300A – The right to property ceased to be a fundamental right by the Constitution (Forty-Fourth Amendment) Act, 1978, however, it continued to be a human right in a welfare State, and a constitutional right under Article 300-A of the Constitution. Article 300-A provides that no person shall be deprived of his property save by authority of law. The State cannot dispossess a citizen of his property except in accordance with the procedure established by law. The obligation to pay compensation, though not expressly included in Article 300- A, can be inferred in that Article- Referred to K.T. Plantation (P) Ltd. v. State of Karnataka, (2011) 9 SCC 1. (Para 18)

Constitution of India, 1950; Article 226 – Delay and Latches delay and laches cannot be raised in a case of a continuing cause of action or if the circumstances shock the judicial conscience of the court. The condition of delay is a matter of judicial discretion, which must be exercised judiciously and reasonably in the facts and circumstances of the case – It would depend upon the breach of fundamental rights, and the remedy claimed, and when and how the delay arose. There is no period of limitation prescribed for the courts to exercise their constitutional jurisdiction to do substantial justice- Referred to Vidya Devi v. The State of Himachal Pradesh (2020) 2 SCC 569. (Para 25)

Leave a Comment

Your email address will not be published. Required fields are marked *