RAJKUMAR SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THE petitioner seeks a direction to the respondents to compute and award the compensation against the acquisition of portions of their lands from Khasra Nos.688/3, 686/6 & 601 of the petitioners respectively.

(2.) THE brief facts, in nutshell, as projected by the petitioners, are that the petitioners are residents of village - Amandula, Tahsil Malkharoda, District- Janjgir-Champa. THE petitioners were owners of the lands, as stated herein :

(3.) ARTICLE 300A of the Constitution of India was inserted by the Constitution (Forty-fourth Amendment) Act, 1978 (w.e.f. 20th June, 1979), after the fundamental right to property was deleted from the provisions of the Constitution of India. ARTICLE 300A provides that no person shall be deprived of his property save by authority of law. The right to property is a constitutional right and the land of the petitioners could not have been taken without following the process of law. The Act, 1894, provides for publication of preliminary notification under section 4 of the Act, 1894, expressing intention of the Government to acquire the land for any public purpose.