The Supreme Court reaffirmed that the right to property is a constitutional right under Article 300-A, emphasizing that no individual can be deprived of their property without adequate compensation as per the law. The bench, comprising Justices B.R. Gavai and K.V. Viswanathan, highlighted that while the right to property is no longer a fundamental right following the Constitution (Forty-Fourth Amendment) Act of 1978, it remains a human right in a welfare state.
Delivering its verdict on an appeal challenging the Karnataka High Court’s 2022 judgment related to land acquisition for the Bengaluru-Mysuru Infrastructure Corridor Project (BMICP), the court ruled that the Karnataka Industrial Areas Development Board (KIADB) exhibited a “lethargic attitude,” depriving landowners of compensation for over two decades.
The bench noted that the appellants, whose land was acquired in 2003 and taken over in 2005, had repeatedly approached courts over the past 22 years without receiving any compensation. It criticized the State and KIADB officers for their inaction, stating that justice was only set in motion after contempt notices were issued. The Special Land Acquisition Officer (SLAO) finally determined compensation in 2019, using outdated guideline values from 2011.
The court rejected the notion of compensating the appellants based on 2003 market values, calling it a “travesty of justice” and a mockery of constitutional provisions. Exercising its powers under Article 142, the court directed the SLAO to calculate compensation based on 2019 market values within two months, ensuring fairness and addressing the long-standing injustice.
The bench underscored the principle that money loses value over time due to inflation and missed opportunities for investment, adding that delays in compensation deny individuals their rightful dues. The court emphasized the importance of prompt determination and disbursal of awards in land acquisition cases, urging authorities to avoid similar delays in the future.
