Right To Property May No More Be A Fundamental Right, But Its Sanctity As Human Right Is Still Intact: J&K&L High Court

Post published: July 31, 2022
Post category:Daily Judgments / High Court of Jammu and Kashmir and Ladakh
Reading time:2 mins read

Right To Property May No More Be A Fundamental Right, But Its Sanctity As Human Right Is Still Intact

Case: Meenakshi Chouhan & Ors Vs Jammu Muncipal Corporation & Ors

Coram: Justices Tashi Rabstan and Wasim Sadiq Nargal

Case No.: WP(C) No. 158/2022

Court Observation: “No person shall be deprived of his/her property saved by authority of law or procedure established by law as right to property is a human right and also a constitutional right under Article-300-A of the Constitution of India”.

“The right to property ceased to be a fundamental right by the Constitution (Forty Fourth Amendment) Act, 1978, however, it continued to be a human right in a welfare State, and a Constitutional right under Article 300 A of the Constitution. Article 300 A provides that no person shall be deprived of his property save by authority of law. The State cannot dispossess a citizen of his property except in accordance with the procedure established by law”.

Meenakshi-Chouhan-Ors-Vs-Jammu-Muncipal-Corporation-Ors-31-July-2 Download

Previous Posts

Assistant Teacher Recruitment: Calcutta HC Slams State For Unilaterally Reducing Aspirant’s Original Score, Orders Appointment With Retrospective Benefits

Look Out Circular: Directors Of Company Can’t Be Denied ‘Right To Travel Abroad’ In Absence Of Any Non-Compoundable Offence: Orissa High Court

Charge-Sheet Even In The State Of Its Photostat Copies Cannot Be Termed As ‘Incomplete’ For Grant Of Default Bail: J&K&L High Court

Power To Arrest Can’t Be Used As A Punitive Tool Unmindful Of Safeguards Mandated U/S 41 CrPC: Kerala High Court

“No Repugnancy With Central Act”: Supreme Court Upholds Sections 4(7),4(8) & 15 Of Kerala Motor Vehicles Taxation Act, 1976

Section 306 IPC – Abetment Of Suicide A Heinous Offence; Cannot Be Quashed On The Basis Of Compromise: Supreme Court

Writ Of Mandamus Not A Remedy Against Private Wrongs, Court Cannot Interfere With Private Body’s Internal Management: Delhi HC