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Property rights are sacrosanct, says HC in possession case

Hindustan Times Gurugram

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May 07, 2025

The right to property, despite no longer being a fundamental right, continues to hold a sacrosanct position as a constitutional and legal right, the Delhi high court observed, as it directed the Centre to pay about ₹1.77 crore to a man whose property was unlawfully occupied for over two decades by the government in the aftermath of proceedings initiated against him during Emergency.

- Shruti Kakkar

NEW DELHI:

Holding that prolonged illegal occupation by government "falls foul of the constitutional right of citizens to property under Article 300A", justice Purushendra Kumar Kaurav said: "Executive overreach beyond the four corners of the law must be met with constitutional censure, for when the protector of rights becomes the violator, the very fabric of the rule of law is imperilled."

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