On June 25, 2026, the Supreme Court, on a significant ruling, gave the nod to landowners who used their property for the construction of a public road without following due-process and providing fair compensation. Although the government had taken possession of the land, the Court noted that it had not initiated the legal process for acquiring the land, nor have timely compensation to the owners been paid. The Supreme Court in a categorical manner has reiterated that the State has no right to take the property of the citizens without the legal right.
The Court observed that the right to property is not a fundamental right in the Indian Constitution, but it was a constitutional right under Article 300A and that acquisition of an individual property can only be made by the procedure as prescribed and provided for in the law. Supreme Court instructed the relevant authorities to pay reasonable compensation to owners of the land as per the law. The Court further reiterated that the government or its agencies doesn’t stand above the law and cannot encroach on property rights of the citizens in the process of execution of public works.
This finding will be important not only to provide clarity as to the importance of Article 300A, but also to protect citizens’ rights when any land is acquired illegally.
Besides, it is a reminder to the government that it has to follow due legal procedure and is under a obligation to provide fair compensation, even for public interest projects which the ruling is seen as a precedent for future land acquisition projects.
– Team Lawyer Talks
