OM PRAKASH Vs. RAJASTHAN STATE ROAD TRANSPORT

JUDGEMENT

(1.) "In Indiapersons are not permitted to take forcible possession. They must obtain such possession as they are entitled to through a Court." This observation was made by the Privy Council in the year 1924 in Midnapur Zamindar Co. Ltd. v. Naresh Narayan Roy.

(2.) Though right to property is no longer a fundamental right, it is still a legal right under Article 300A of the Constitution of India. Clause (f) of Article 19{1) and Article 31 were deleted by the Constitution (Forty-Fourth Amendment) Act, 1978. Right to property has ceased to be a fundamental right within the meaning of Part-Ill of the Constitution and now Article 300A lays down that no person shall be deprived of his property save by authority of law.

(3.) This is a general principel of law that no act can be done by the strength of one's own hands but help of the law should be taken and the procedure which is prescribed for that act must be acted upon. In the case on hand. it appears that the Rajasthan State Road Transport Corporation (for short 'RSRTC') has not obeyed and law regarding the dispossession of Om Prakash from the shop. The employees of the RSRTC damaged the shop and all the material as well as the structure was thrown out for which Om Prakash lodged a complaint with the police.