Respecting the constitutional right to property of citizens is imperative; the Calcutta High Court orders the state to pay ₹2 lakh in damages for unlawfully taking possession

Respecting the constitutional right to property of citizens is imperative; the Calcutta High Court orders the state to pay ₹2 lakh in damages for unlawfully taking possession

Case: State of West Bengal & Ors. v Achinta Roy @ Achinta Kumar Roy Ghatak Choudhury

Coram: Justice Siddhartha Roy

Case No.: SA 60 of 2021

Court Observation: Admittedly during pendency of the proceeding before the learned court below the defendant -State evicted the plaintiffs from the suit property which was out and out an illegal act. State is supposed to protect the citizens and respect their right of property which is being considered as constitutional right. Therefore, the State has incurred the obligation to pay damages for unlawful possession of the property effect from 1.5.2000 till the possession is restored.

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Keywords

Respecting the constitutional right, Calcutta High Court