Preeti, LL.M., National Forensic Science University, New Delhi
ABSTRACT
The right to property in India has undergone significant transformations, reflecting the interplay between individual rights, societal welfare, and constitutional mandates. This paper examines the evolution of property rights, tracing their journey from being enshrined as a fundamental right to their current status as a constitutional right under Article 300-A. It explores the classification of property, its historical development, and the pivotal role of constitutional amendments and judicial interpretations in shaping its trajectory. The study also delves into the human rights implications of land acquisition, highlighting the socio-economic challenges faced by marginalized communities, including displacement and inadequate rehabilitation. Special focus is given to the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act, 2013, analyzing its provisions, loopholes, and impact on land governance. The paper concludes with recommendations for strengthening legal frameworks to ensure a balanced approach that protects individual property rights while promoting public welfare and addressing the rights of displaced populations.
Keywords: Right to property, Constitutional right, Human Rights, Land Laws
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