The Supreme Court has stated that the right to property is a constitutional right. A person cannot be deprived of their property until they are given adequate compensation according to the law. The bench of Justice B. R. Gavai and Justice K. V. Vishwanathan said that under the 1978 Constitution (Forty-fourth Amendment) Act, the right to property is no longer a fundamental right, but it remains a human right in a welfare state and a constitutional right under Article 300-A of the Constitution. According to Article 300-A, no person can be deprived of their property except under the authority of law.

Supreme Court's Decision

The Supreme Court made this ruling in an appeal challenging the November 2022 decision of the Karnataka High Court, related to land acquisition under the Bengaluru-Mysore Infrastructure Corridor Project (BMICP). The bench said that although the right to property is no longer a fundamental right, it is still a constitutional right under the provisions of Article 300-A of the Indian Constitution. The Supreme Court found that in 2003, the Karnataka Industrial Areas Development Board (KIADB) had issued an initial notification for land acquisition for the project. In November 2005, the appellants' land was taken over. The bench also noted that for the past 22 years, the landowners had not received any compensation for their property. The delay was attributed to the lethargic attitude of the state and KIADB officials. The court further stated that providing compensation based on the 2003 market rate would be a mockery of justice. The court exercised its powers under Article 142 and directed that compensation should be determined based on the market rate as of April 22, 2019.

Supreme Court's Order

Under Article 142, the Supreme Court has unlimited special powers. The court directed the Special Land Acquisition Officer (SLAO) to make a fresh decision based on the 2019 rates within two months. Additionally, if any party is dissatisfied with the compensation, they will have the legal right to challenge the decision.