Right to Property: Still a Legal Right, Still Powerful
- ByAdmin --
- 09 Apr 2025 --
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Ever since the 44th Constitutional Amendment downgraded Right to Property from Fundamental to Legal, many assumed it had lost its teeth.
But in a 2025 ruling, the Supreme Court reminded everyone:
“You may not have a fundamental right to property—but the State can’t snatch it without justification.”
The Case
Farmers in Maharashtra were forcefully evicted from land for a "development project" — without proper acquisition, compensation, or notice.
They moved the High Court. It ruled in favor of the government.
The Supreme Court reversed it.
What the Court Said
- Property may not be a fundamental right anymore, but it is a constitutional right under Article 300A
- The State cannot deprive someone of their property without due process
- “Development” cannot override individual liberty
Implications
- Forces governments to follow legal acquisition processes strictly
- Empowers farmers, tribal communities, and private landowners
- Opens the door for compensation-based litigation
Property is more than possession. It’s autonomy in physical form — and the law still protects it.
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