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Karnataka High Court issues guidelines to BMRCL on access to remaining portions of acquired properties
ਖ਼ਬਰਾਂ ਵਿੱਚ ਕਿਉਂ?
Metro land taken, but not the road to the rest: the Article 300A property right explained for Polity
The High Court strikes down parts of BMRCL's Way Leave Policy and lays down access guidelines.
Why it matters: GS-2 core; factual, Prelims-type
What you need to know
2 ਮਿੰਟ
The Karnataka High Court issued guidelines to BMRCL to ensure owners can still reach the remaining portions of properties acquired for the metro project.
It declared some provisions of the Way Leave Policy unconstitutional and imposed costs of ₹10 lakh on the corporation.
The ruling reflects the constitutional position that a person can be deprived of property only by authority of law, under Article 300A.
ਸਰੋਤ: Topper IAS editorial (PIB / The Hindu / Indian Express)
ਮੁੱਖ ਤੱਥ
Remember these
- Karnataka High Court issued access guidelines to BMRCL for the remaining portions of acquired properties.
- Parts of BMRCL's Way Leave Policy were declared unconstitutional.
- Costs of ₹10 lakh were imposed on the corporation.
- Article 300A: no person shall be deprived of property save by authority of law.
- The 44th Amendment (1978) removed the right to property from the Fundamental Rights list (Article 19(1)(f) and Article 31).
ਪ੍ਰੀਲਿਮਜ਼ · ਮੇਨਜ਼
How the exam will ask it
ਪ੍ਰੀਲਿਮਜ਼
- Statement: Right to property is a constitutional right under Article 300A, not a fundamental right.
- Statement: Article 19(1)(f) and Article 31 were removed by the 44th Constitutional Amendment Act, 1978.
- Statement: Deprivation of property under Article 300A requires authority of law, not mere executive action or policy.
ਮੇਨਜ਼
GS Paper 2 (Polity and Governance): Infrastructure projects need land, but Article 300A allows deprivation of property only by authority of law. The High Court struck down parts of the Way Leave Policy because an executive policy cannot override owners' access to remaining land. The way forward is statutory clarity on access and compensation, and planning that minimises severance of properties.
Quick recall
Answer before you reveal
In India, the right to property is currently a:
- Fundamental right under Article 19(1)(f)
- Constitutional right under Article 300A
- Directive Principle under Article 39
- Fundamental right under Article 31
ਜਵਾਬ ਵੇਖੋ
ਜਵਾਬ: B — Correct: Constitutional right under Article 300A — After the 44th Amendment, property is a constitutional right: no one can be deprived of it except by authority of law under Article 300A. • Fundamental right under Article 19(1)(f) — wrong: Article 19(1)(f) was omitted by the 44th Amendment, so it is no longer a fundamental right. • Directive Principle under Article 39 — wrong: Article 39 lays down policy principles on distribution of resources and does not itself create a property right. • Fundamental right under Article 31 — wrong: Article 31 was also repealed, so property is not a fundamental right under it.
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