Human Right Status to Private Property
- Granting relief to an old woman from Himachal Pradesh, Supreme Court pronounced that a citizen’s right to own private property is a human right and the state cannot take possession of it without following due procedure and authority of law.
- It held that the state cannot trespass into the private property of a citizen and then claim ownership of the land in the name of ‘adverse possession’ which allows a trespasser i.e. a person guilty of a tort, or even a crime, to gain legal title over such property for over 12 years.
- Originally, the right to property was a fundamental rights ....
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