Supreme Court Limits State Property Seizure
Real Estate

Supreme Court Limits State Property Seizure

The Supreme Court of India recently clarified that state governments lack the authority to indiscriminately acquire private properties solely for redistribution under the guise of serving the common good. This ruling, in response to a case concerning the Maharashtra government’s acquisition policies, establishes significant boundaries on the extent of state power over private land.

The court emphasized that while the state may acquire property for public purposes such as infrastructure development, housing projects, or public utilities, this power is not without limits. Private property rights, protected under Article 300A of the Indian Constitution, cannot be overridden without a legitimate public purpose, due process, and fair compensation. The ruling reflects the court's stance that the “common good” must align with specific, justified public needs rather than vague intentions to benefit society at large.

The verdict has drawn attention from property owners and legal experts alike, with the court further stressing that the state must respect private ownership and refrain from unauthorized encroachments unless exceptional circumstances are involved. It also highlighted that any acquisition intended for private beneficiaries or commercial use without public benefit does not constitute a “public purpose” and could be challenged legally.

This ruling may impact ongoing and future projects where states previously relied on expansive interpretations of public interest. The Supreme Court's decision serves as a reaffirmation of property rights and a call for states to exercise caution in land acquisitions, ensuring that each action meets rigorous legal standards.

The Supreme Court of India recently clarified that state governments lack the authority to indiscriminately acquire private properties solely for redistribution under the guise of serving the common good. This ruling, in response to a case concerning the Maharashtra government’s acquisition policies, establishes significant boundaries on the extent of state power over private land. The court emphasized that while the state may acquire property for public purposes such as infrastructure development, housing projects, or public utilities, this power is not without limits. Private property rights, protected under Article 300A of the Indian Constitution, cannot be overridden without a legitimate public purpose, due process, and fair compensation. The ruling reflects the court's stance that the “common good” must align with specific, justified public needs rather than vague intentions to benefit society at large. The verdict has drawn attention from property owners and legal experts alike, with the court further stressing that the state must respect private ownership and refrain from unauthorized encroachments unless exceptional circumstances are involved. It also highlighted that any acquisition intended for private beneficiaries or commercial use without public benefit does not constitute a “public purpose” and could be challenged legally. This ruling may impact ongoing and future projects where states previously relied on expansive interpretations of public interest. The Supreme Court's decision serves as a reaffirmation of property rights and a call for states to exercise caution in land acquisitions, ensuring that each action meets rigorous legal standards.

Next Story
Infrastructure Energy

Adyant Enersol & UPC Renewables Secure SJVN's 600 MW Wind Project

Adyant Enersol (Datta Infra) and UPC Renewables secured contracts in SJVN’s auction to develop 600 MW inter-state transmission system (ISTS)-connected wind power projects under a build-own-operate model. Adyant Enersol was awarded 70 MW with a tariff of Rs 3.98/kWh, while UPC Renewables secured 100 MW at a tariff of Rs 3.99/kWh. The tender for these projects was issued in March 2024, allowing bidders to submit proposals for capacities ranging from a minimum of 50 MW to a maximum of 300 MW, with project sizes specified in multiples of 10 MW. The selected developers are required to establis..

Next Story
Infrastructure Energy

Bridge and Roof Secures SJVN Contract for 100 MW Solar Project

Bridge and Roof Company, a government enterprise under the Ministry of Heavy Industries, has secured the engineering, procurement, and construction contract from SJVN Green Energy to establish a 100 MW solar power project in Rajasthan’s Didwana-Kuchaman district. The project is valued at approximately Rs 3.5 billion. The tender was issued in April 2024. The scope of work includes land development, design and engineering, procurement of equipment and materials, testing at the manufacturer’s facility, packing, transportation, supply, unloading, on-site storage, installation, erection, test..

Next Story
Infrastructure Transport

NHAI Uses AI and Drones to Detect 1,000 Encroachments on Highways

The National Highway Authority of India (NHAI) has implemented artificial intelligence (AI) and drone technology to detect approximately 1,000 encroachments on four major national highways. This initiative aims to address obstacles that hinder road construction projects and ensure their timely completion. The survey covered a span of about 360 kilometres, utilising high-frequency drones to capture detailed aerial images of the highways. AI-driven algorithms analysed these images to identify potential encroachments, including parked vehicles, construction materials, and makeshift structures. F..

Hi There!

"Now get regular updates from CW Magazine on WhatsApp!

Join the CW WhatsApp channel for the latest news, industry events, expert insights, and project updates from the construction and infrastructure industry.

Click the link below to join"

+91 81086 03000