Legal Question in Constitutional Law in India

Constitution of India:

3[CHAPTER IV.�RIGHT TO PROPERTY

300A. No person shall be deprived of his property

save by authority of law.]

If the �law� referred to in the above-mentioned section of the Indian Constitution includes, the LA Act, 1894( among other less applied Acts that involve land acquisition/deprivation of property), is it not absolutely essential that the person who is so deprived of his property under that Act, is without fail :

A) served a notice as per the same Act by the land acquiring authority, before such deprivation?

B) given a fair hearing of his view or objections, by the land acquiring authority, before such deprivation?

C) given a fair compensation for such deprivation?

If the answer is �yes� to all the above-cited questions, and if any citizen of India is deprived of his property under pretext of the Land Acquisition Act, 1894, with the acquiring authority adhering to none of the conditions a) to c), can such deprivation of property be termed unconstitutional?

N.B: This is not an academic query but a real-life one.


Asked on 4/30/12, 8:28 am

1 Answer from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Yes, if the conditions mentioned by you are not fulfilled, the acquisition can be quashed as has been done by the Courts in hundreds of cases. You may read a good work on the Land Acquisition Act or go online and read the relevant judgements.

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Answered on 4/30/12, 10:03 pm


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