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Unconstitutional?

(Querist) 29 April 2012 This query is : Resolved 
3[CHAPTER IV.—RIGHT TO PROPERTY
300A. No person shall be deprived of his property
save by authority of law.]

If the ‘law’ referred to in the above-mentioned section of the Indian Constitution includes, the LA Act, 1894( among other less applied Acts that involve land acquisition/deprivation of property), is it not absolutely essential that the person who is so deprived of his property under that Act, is without fail :
A) served a notice as per the same Act by the land acquiring authority, before such deprivation?
B) given a fair hearing of his view or objections, by the land acquiring authority, before such deprivation?
C) given a fair compensation for such deprivation?

If the answer is ‘yes’ to all the above-cited questions, and if any citizen of India is deprived of his property under pretext of the Land Acquisition Act, 1894, with the acquiring authority adhering to none of the conditions a) to c), can such deprivation of property be termed unconstitutional?
ajay sethi (Expert) 29 April 2012
academic query
Baskaran Kanakasabai (Querist) 30 April 2012
If that is the status of a victim in a real-life case....
Shonee Kapoor (Expert) 01 May 2012
The issue has been discussed many times by different HC and SC.

Please dig archives.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad (Expert) 04 May 2012
It is totally unconstitutional to deprive the owner of a property from his ownership in the name of public interest under the garb of outdated provisions of Land Acquisition Act. The pains and sufferings of the oustees can never be felt by those politicians who have really become businessman who acquire the costly and furtile agricultural land of farmers in meagre rates in the name of public interest and sale the same to industrialists in heavy heavy rates (dont mention about under carpet deals)which is nothing but Kaale angrej ka raaj.
Baskaran Kanakasabai (Querist) 05 May 2012
Sincere thanks to Sri.Ajay Sethi, Sri.Shonee Kapoor and Sri. Raj Kumar Makkad for responding to the query.
Now let me proceed to the next level of the subject of the query.
Out of the 3 basic conditions of the LA Act, 1894 to qualify the deprivation of property of a person as legally valid( or to qualify to have been performed by'authority of law'), let us consider the first two conditions viz.,
1. The person so deprived of his property
should have been served a notice u/s 4(1) of the LA Act, 1894.
2. Such person should have been provided an opportunity of being heard of his objections or views.
If these two conditions are not met with and a person is deprived of his property, can such deprivation be termed "unconstitutional" according to Article 300-A of the Constitution of India?


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