Punjab & Haryana High Court, Chandigarh
Citation(2011) 9 SCC 1
CourtSupreme Court of India (Constitution Bench)
Date23 September 2011
Year2011
BenchR.V. Raveendran, Mukundakam Sharma, A.K. Patnaik, Swatanter Kumar, T.S. Thakur JJ.
Acts/ArticlesArticle 300A, Article 14, Article 21
CategoryConstitutional Law, Property & Land Law

Key Principle Established

Right to property is a constitutional right under Article 300A. Deprivation requires authority of law, public purpose, and fair compensation.

Brief Facts

The constitutional scope of Article 300A — “No person shall be deprived of his property save by authority of law” — was examined after the deletion of the fundamental right to property (former Article 19(1)(f) and Article 31).

Ratio Decidendi

The Constitution Bench elevated the scope of Article 300A:

  • Article 300A is a constitutional right (though not a fundamental right) that mandates substantive and procedural due process
  • Deprivation of property requires: (a) authority of law, (b) public purpose, and (c) fair compensation
  • The law authorizing deprivation must be just, fair, and reasonable — cannot be arbitrary
  • The right includes protection for the vulnerable and marginalized who depend on property for livelihood

Impact & Significance

This judgment resurrected the right to property as a meaningful constitutional guarantee. It is now the leading authority on Article 300A and is cited in all land acquisition and property deprivation cases.

Tags & Related Topics

Constitutional Law Property & Land Law Article 300A Article 14 Article 21
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Disclaimer

This judgment summary is for educational and research purposes. While care has been taken to accurately represent the ratio and findings, for authoritative reference always consult the original judgment text from official sources (SCC Online, AIR, Manupatra, or court websites).

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