In Top Court's Order On Acquiring Private Property, A "Procedure" Caveat
Compulsory acquisition of private properties will be unconstitutional if proper procedure is not established or followed before depriving a person of their right to property, the Supreme Court said on Thursday. In a significant verdict, the top court said even the statutory scheme of payment of compensation in return for acquisition of private properties will not be justified if the due procedure is not followed by the state and its instrumentalities. While making the observations, a bench comprising justices PS Narasimha and Aravind Kumar dismissed the appeal of the Kolkata Municipal Corporation. The civic body had approached the top court challenging the judgment of a division bench of the Kolkata High Court which had quashed acquisition of a property at Narkeldanga North Road in the city for constructing a park. The high court had held that the civic body had no power under a specific provision to go for compulsory acquisition. "We are of the considered opinion that the Hi