On 19 Jan 2021, The Andhra Pradesh High Court in the case of Chekka Guru Mural Mohan & Anr. v. The State of Andhra Pradesh comprising of Justice Sri Justice Cheekati Manavendranath Roy in a matter of Amravati Land Scam, the Court referring the judgments of the Supreme Court reiterates that the Right to Property is a Constitutional Right, Legal Right and Human Right.
Article 19(1)(f) and Article 31 of the Constitution of India are part of Chapter III of the Constitution dealing with fundamental rights of a citizen. Article 19(1)(f) guaranteed to the Indian citizen a right to acquire, hold and dispose of property.
Article 31 provided that “no person shall be deprived of his property save by authority of law”. Therefore, in view of Article 19(1)(f) and Article 31 of the Constitution, right to property was part of the fundamental right of a citizen.
Subsequently, by 44th constitutional amendment both Article 19(1)(f) and Article 31 were repealed with effect from 20.06.1979. So, the right to property ceased to be a fundamental right. However, the right to acquire property continues to be a constitutional right, legal right and also a human right. Provision akin to Article 31 has been incorporated under Article 300-A in Chapter-IV of the Constitution under the rubric “right to property”.
The High Court referring the Supreme Court judgment D.B. Basnett v. The Collector in which the Apex Court held that the “We may note that even though rights in land are no more a fundamental right, still it remains a constitutional right under Article 300A of the Constitution of India.”
Further the Court also referred The Apex Court Judgment pronounced in the case of Chairman, Indore Vikas Pradhikaran v. Pure Industrial Coke & Chemicals Ltd. held in following terms: “The right to property is now considered to be not only a constitutional right but also a human right. Under Article 17 of the Universal Declaration of Human Rights, 1948 dated 10-12-1948, adopted in the United Nations General Assembly Resolution, it is stated that:
- Everyone has the right to own property alone as well as in association with others.
- No one shall be arbitrarily deprived of his property. Earlier human rights existed to the claim of individuals right to health, right to livelihood, right to shelter and employment etc, but now human rights have started gaining a multifaceted approach. Now property rights are also incorporated within the definition of human rights. Even claim of adverse possession has to be read in consonance with human rights.
Also held that, property, while ceasing to be a fundamental right would, however, be given express recognition as a legal right, provision being made that no person shall be deprived of his property save in accordance with law.”
The Court in its findings stated that the, “it is now abundantly made clear that a citizen has a legal and constitutional right to acquire and hold property. The said right of an individual to hold a property apart from being a legal right, has also been held to be a human right.”
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