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Supreme Court of India 2020-11-24 allowed

B.K. Ravichandra & Ors vs Union of India & Ors

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

B.K. Ravichandra and others challenged the High Court's refusal to grant relief regarding property requisitioned by the Union of India under the Defense of India Act, 1962. The Union had occupied the land for 33 years without lawful sanction or compensation. The Supreme Court held that prolonged unlawful occupation violates fundamental rights under Articles 21 and 300-A. The Court stressed that courts must protect citizens against arbitrary state action regardless of asserted public purpose. The appeal was allowed: the Union was ordered to vacate and restore possession within three months, and the appellants were entitled to compensation determined through arbitration based on property valuation over 20 years.

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Property Rights Constitutional Law Administrative Law Compensation Requisitioning and Acquisition

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