Supreme Court Affirms Right to Property as Fundamental Human Right

The Supreme Court of India has reaffirmed that the right to property, although no longer a fundamental right, remains a constitutional right and a recognized human right under the Indian Constitution.
This assertion was made in a case related to the Bengaluru-Mysuru Infrastructure Corridor Project (BMICP), where the court emphasized the state’s obligations to provide compensation for acquired lands.

The court cited past precedents, including the case of Vidya Devi vs State of Himachal Pradesh (2020), to highlight the state’s limitations in exercising power beyond what is permitted by the Constitution. Additionally, the bench referred to Ultra-Tech Cement Ltd vs Mast Ram (2024) to stress that delayed compensation to landowners is contrary to the spirit of Article 300A and the concept of a welfare state.

The judgment also underscored the evolution of property rights into the realm of human rights, drawing from Tukaram Kana Joshi vs Maharashtra Industrial Development Corporation (2013). The court observed that human rights encompass individual rights such as health, livelihood, shelter, employment, and property.