Arguments in favour of Right to property remaining a legal right
♤ It leads to smoother Land Acquisition: India is developing country and for this purpose land acquisition should become swifter which is facilitated by Article 300A.
♤ It has eased up judicial burden: Previously, the judiciary was burdened with litigations related to property rights. However, it has come down significantly.
♤ It aids government in its welfare objectives: Given the government provides a fair compensation, land acquisition is necessary for fulfilling welfare purposes such as ensuring road connectivity, making electricity accessible to all etc.
Right to Property as a Human Right ♤ In several cases, the Supreme Court of India has held that the right to property is not just a statutory right but is also a human right. ♤ Universal Declaration of Human Rights 1948 under Section 17(i) and (ii) also recognizes right to property. It states that- o Everyone has the right to own property alone as well as in association with others, o No-one shall be arbitrarily deprived of his property. ♤ Significance: o provides safeguards against arbitrariness of state o gives due importance to property as a tool of self- protection o allows people to be entrepreneurial Fair Balance Test According to it taking of property without payment of an amount reasonably related its value would normally constitute a disproportionate interference which could not be considered as justiciable. |
