2024 (5) TMI 1455 - SC - Indian Laws

Acquisition of property of respondent no. 1 in exercise of powers under Section 352 of the Kolkata Municipal Corporation Act, 1980 - power of compulsory acquisition of immovable property under Section 352 - Constitutional right to property under Article 300A - HELD THAT - Section 352 does not provide for any procedure whatsoever, the contention that it contemplates the power of acquisition is rejected. Section 352 is only intended to enable the Municipal Commissioner to decide whether a land is to be acquired for public purpose. The power of acquisition is in fact vested with the State under Section 537 and it will exercise it, in its own discretion, whenever the Municipal Commissioner makes an application to that effect - the decision of the High Court agreed upon that Section 363 is not a provision for compensation for compulsory acquisition. In this context, we have also held that a valid power of acquisition coupled with the provision for fair compensation by itself would not complete and exhaust the power and process of acquisition. Prescription of the necessary procedures, before depriving a person of his property is an integral part of the authority of law , under Article 300A and, Section 352 of the Act contemplates no procedure whatsoever. The High Court was fully justified in allowing the writ petition and rejecting the case of the appellant-Corporation acquiring land under Section 352 of the Act. The impugned judgment does not brook interference on any count. Appeal dismissed.

Summary

Issues Involved:
1. Legality and validity of acquisition of the property under Section 352 of the Kolkata Municipal Corporation Act, 1980.
2. Provision for compensation under Section 363 of the Act.
3. Constitutional right to property under Article 300A.
4. Procedural requirements for compulsory acquisition of property.
5. The duty of the state to acquire property only for public purpose.

Detailed Analysis:

Legality and Validity of Acquisition under Section 352:
The Kolkata Municipal Corporation (KMC) claimed to have acquired the property of respondent no. 1 under Section 352 of the Kolkata Municipal Corporation Act, 1980. The High Court held that Section 352 does not confer the power of compulsory acquisition of immovable property. The Supreme Court upheld this decision, stating that Section 352 merely allows the Municipal Commissioner to identify land for public purposes but does not provide the process for acquisition. The acquisition process must be initiated under Section 537 of the Act, which requires the Municipal Commissioner to apply to the Government to acquire land for public purposes.

Provision for Compensation under Section 363:
The appellant-Corporation argued that Section 363 of the Act provides for compensation when land is acquired under Section 352. However, the High Court clarified, and the Supreme Court agreed, that Section 363 relates to compensation upon agreement and not for compulsory acquisition. Thus, invoking Section 352 for compulsory acquisition without following the proper procedure under Section 537 is invalid.

Constitutional Right to Property under Article 300A:
The Supreme Court emphasized that under Article 300A of the Constitution, no person shall be deprived of property except by authority of law. The Court identified seven sub-rights integral to the constitutional right to property: the right to notice, the right to be heard, the right to a reasoned decision, the duty to acquire only for public purpose, the right of restitution or fair compensation, the right to an efficient and expeditious process, and the right of conclusion. Section 352 of the Act does not provide these procedural safeguards, making it unconstitutional for compulsory acquisition.

Procedural Requirements for Compulsory Acquisition:
The Court highlighted that a valid acquisition must comply with fair procedures, including notice, hearing, reasoned decision, public purpose, fair compensation, efficient process, and conclusion. These procedures are essential to ensure that the acquisition is just, fair, and reasonable. The absence of these procedures in Section 352 renders it inadequate for compulsory acquisition.

Duty of the State to Acquire Property Only for Public Purpose:
The Court reiterated that compulsory acquisition must be for a public purpose. The appellant-Corporation failed to demonstrate that the acquisition under Section 352 was for a public purpose, as required by law. The proper procedure under Section 537, which involves government discretion and adherence to the Land Acquisition Act, 1894, was not followed.

Conclusion:
The Supreme Court concluded that Section 352 does not confer the power of compulsory acquisition and that the proper procedure under Section 537 must be followed. The Court dismissed the appeal by the appellant-Corporation, affirming the High Court's decision and awarding costs of Rs. 5,00,000/- to respondent no. 1. The judgment emphasized the importance of procedural safeguards and constitutional rights in the process of compulsory acquisition of property.