The Gorakhpur government acquired my land without fair compensation. Does the Constitution protect my property?
SW Asked by Swati Kulkarni from India
Quick Answer
Article 300A of the Constitution makes the right to property a legal right (no longer fundamental after the 44th Amendment).
Detailed Legal Analysis
Article 300A of the Constitution makes the right to property a legal right (no longer fundamental after the 44th Amendment). Acquisition must be for a public purpose and with fair compensation under the Right to Fair Compensation Act, 2013.
File a representation for proper compensation and challenge the acquisition if public purpose is absent. Approach Allahabad High Court under Article 226 for a writ of mandamus directing proper compensation or quashing the acquisition.
The Supreme Court in K.T. Plantation (2011) held that acquisition without fair compensation is arbitrary under Article 14.
Preserve the land records, acquisition notice, and compensation offer as evidence. Refer to Uttar Pradesh Rent Control Act 1972 for state land acquisition and rehabilitation rules in Uttar Pradesh.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.