Municipality for constructing road on assurance of suitable compensation - After construction,no compensation paid - Such utilization without payment of compensation would be arbitrary, unreasonable and clearly violative of Art. 300A.

Citation

AIR 2022 SUPREME COURT 2073

SUPREME COURT

: AIROnline 2022 SC 597 (From : Kerala)*

DINESH MAHESHWARI , J. and VIKRAM NATH , J.

Civil Appeal No(s). 3189 of 2022 (Arising out of SLP (Civil) No(s). 4125 of 2019), D/- 26 - 4 - 2022

Kalyani (Dead) Through Lrs. and Ors. v. Sulthan Bathery Municipality and Ors.

(A)Constitution of India, Art.300A, Art.21 - Right to property - Deprivation of - Land utilized by

Municipality for constructing road on assurance of suitable compensation - After construction,

no compensation paid - Plea of Municipality that land was surrendered voluntarily - Burden

to prove same, would be on Municipality - Failure of Municipality to establish that farmers

surrendered their land voluntarily - Depriving farmers of their livelihood and agricultural land

without authority of law would be violative of Arts. 21 and 300A - Municipality was directed

to pay compensation to farmers - Farmers were granted liberty to approach Civil Court if

compensation was inadequate.

W.A. No. 2108 of 2016, D/- 12-9-2018 (Ker), Reversed.

 (Paras 10 , 12 , 17 , 19 , 20) 

(B)Constitution of India, Art.300A - Right to property - Deprivation of - Requirement to

be fulfilled while depriving person of his property - Requirement of public purpose is precondition and right to claim compensation is also inbuilt in Art. 300-A - Utilization of land

for construction of road would fall under realm of public purpose - Such utilization without

payment of compensation would be arbitrary, unreasonable and clearly violative of Art. 300A.

AIR 2011 SC 3430, Followed.

 (Para 21)