Court has consistently held, right to property requires, procedural safeguards be followed to ensure fairness and non-arbitrariness in decision-making especially in cases of acquisition by State. Therefore, delay in approaching Court, while a significant factor, cannot override necessity to address illegalities and protect right to property. Court must balance need for finality in legal proceedings with need to rectify injustice. The right of an individual to vindicate and protect private property cannot be brushed away merely on grounds of delay and laches.

– Hon’ble Justice J.B. Pardiwala, Urban Improvement Trust v. Smt. Vidhya Devi, [Civil Appeal No. 14473 of 2024].

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The right to property is no more a fundamental right. In view of provisions of Article 300-A, it is a constitutional right. A person cannot be deprived of his property without him being paid adequate compensation in accordance with law.

– Hon’ble Justice B.R. Gavai, Bernard Francis Joseph v. Government of Karnataka, [Special Leave Petition (Civil) No. 10338 of 2023] decided on 02.01.2025.