Protection of constitutional property rights under Article 300A

The right to property, though no longer a fundamental right, remains a precious constitutional right guaranteed under Article 300A of the Constitution of India, protecting citizens against arbitrary deprivation of their land without due process and fair compensation. State instrumentalities and public authorities cannot remain in unauthorized or illegal possession of a citizen's private property for decades without initiating lawful land acquisition proceedings or paying requisite statutory compensation. When the state or central government occupies private land for public purposes without adhering to statutory acquisition frameworks, it commits a continuous constitutional tort that severely infringes upon the landowner's guaranteed constitutional protections. The judiciary is bound to step in and issue imperative writs directing the state to forthwith initiate and conclude acquisition proceedings under the prevailing statutory enactments to pay fair compensation. Unlawful occupation of private property by government defense entities or civil authorities under the guise of administrative delay or defense requirements cannot be judicially condoned. Compensation must be computed transparently in accordance with modern, fair compensation standards, ensuring that property owners are fully indemnified for the loss of their land and prolonged deprivation of enjoyment. Upholding Article 300A requires the prompt rectifications of illegal state occupations through structured acquisition commands and strict timelines. (Syed Mohammed Shabbuddin v. The Union of India & Others ETC. | 2026 INSC 231)