The High Court has directed the authorities to return land that was taken from private individuals without following the due process of law for acquisition. The court observed that taking possession of land without issuing proper notifications, completing acquisition proceedings, or paying compensation is illegal and violates the constitutional rights of landowners. Emphasising that the right to property, though no longer a fundamental right, remains a valuable constitutional and human right, the court said the State cannot occupy private land in an arbitrary manner.
The court further ruled that if the government still requires the land for a public purpose, it must initiate fresh acquisition proceedings strictly in accordance with the relevant land acquisition laws and ensure payment of fair compensation within a reasonable time. In case the land is no longer required, the authorities were directed to restore possession to the original owners forthwith.
Passing the directions, the High Court warned that failure to comply with the order would invite serious consequences and could amount to contempt of court. The judgment reiterates that the State is bound by the rule of law and cannot deprive citizens of their property without authority of law.
