Imposing a hefty fine of ₹10 lakhs on the UT administration for forcibly taking over a private land, without following due procedure of law, the Uttrakhand High Court has reitrated that Right to Property is akin to Fundamental Right.
"It is well recognized that Right to Property is a basic human right which is akin to a fundamental right as guaranteed by Article 300 A of the Constitution of India and that no one can be deprived of his property other than by following procedure prescribe in law", the Division Bench of Chief Justice Pankaj Mithal and Justice Javid Iqbal Wani observed.
The Court observed that the violated the basic human right of the petitioner and has deprived him of his property without following any procedure of Law.
In view of the above, the Court penalized thhe respondent with fine and directed it to assess and determine the compensation of the aforesaid land payable to the petitioner at the stamp duty rate as prevalent today in the area within a period of 6 weeks and to make payment thereof within a further period of 3 months.
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