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Sunday, 6 December 2015

SC: Landholder's right to fair share cannot be compromised

NEW DELHI, Dec 5, 2015: DHNS:
A bench of Justices V Gopala Gowda and Amitava Roy said the government cannot undermine the land owner's right by not granting fair compensation to them. PTI file photo


The Supreme Court has held that a landholder’s right to be fairly compensated for his land acquired by the government cannot be compromised as right to property has long been recognised a human right.

A bench of Justices V Gopala Gowda and Amitava Roy said the government cannot undermine the land owner’s right by not granting fair compensation to them. The court said it is constitutional obligation to ensure that a land loser is adequately compensated.

“The right to property having been elevated to the status of human rights, it is inherent in every individual, and thus has to be venerably acknowledged and can, by no means, be belittled or trivialised by adopting an unconcerned and nonchalant disposition by anyone, far less the state, after compulsorily acquiring his land by invoking an expropriatory legislative mechanism,” the bench said.   
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