The Court also directed the State to pay an additional ₹25,000 for the mental pain and agony suffered by the shop owner on account of the State’s high-handed actions.
A Bench of Justice Sanjay Kumar Dwivedi condemned the State’s action, terming it totally illegal, arbitrary and whimsical.
The Court emphasised that the State authorities are subject to the principle of etat de troit, which lays down that all actions of the State must be carried out within the limits set by the law and the Constitution.
The Court pointed out that natural justice principles must be complied with and an opportunity of hearing be given to persons affected before such actions are taken.
“This Court therefore, is of the opinion that the action of the authority was illegal and violative of all principles of rule of law which has certainly caused mental pain and injury to the petitioner besides material damages to his property. Such action of the authority must be deprecated.” the Court said.
It also emphasised that although the right to property is no longer a fundamental right, it is still protected as a Constitutional right.
“The right to property is no longer a fundamental right, but it is still a constitutional right and a human right, and no person shall be deprived of his property save in accordance with law. Even though the right to property is no longer a fundamental right and was never a natural right, it has to be accepted that without the right to property, other rights become illusory,” the Court’s June 27 ruling stated.
Source: Barandbench
