Right of private property owners to claim damages for illegal state occupation

The illegal occupation and continuous unauthorized use of private land by state authorities without initiating statutory acquisition constitutes an ongoing constitutional violation under Article 300A that entitles the property owner to seek independent legal remedies for damages. Even when an appellate court sets aside a specific cost directive imposed by a single judge, it must explicitly preserve the landowner's liberty to claim fair compensation and damages for the period of unlawful state occupation in accordance with law. The state cannot enjoy free or uncompensated possession of private land under the umbrella of sovereign immunity or administrative expediency, as arbitrary deprivation of use and enjoyment causes tangible economic loss to the title holder. Aggrieved property owners possess the legal right to file appropriate claims or institute civil proceedings to recover mesne profits, occupational charges, or constitutional damages for the entire duration of illegal state possession prior to formal acquisition. Preserving this remedy ensures that state entities are held accountable for administrative lawlessness while giving private citizens an avenue to seek full financial restitution for lost land utility. Judicial decrees directing fresh land acquisition must always operate harmoniously with the owner's underlying right to be indemnified for past unauthorized occupation. (Syed Mohammed Shabbuddin v. The Union of India & Others ETC. | 2026 INSC 231)