‘Right to property hasnexus to right to life

Justice N Seshasayee, before whom a plea moved by a batch of petitioners challenging a 4(1) notification issued under the provisions of the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978 for acquiring their lands came up, said: “If the allegations made in the affidavit filed in support of the petition were to be accepted on their face value, then, it only exposes the callousness with which the authorities deal with the right to properties of the citizens.” 

Further, on pointing out that while the notification was issued 16 years ago (December 30, 2004) and the challenge to the same had come about in 2010, Justice Seshasayee said: “On admitting the petitions, this court had even provided a legal advice to the State government/authorities concerned to go for fresh acquisition following the due process of law.” 

“Unfortunately, to date, it has not been done. In the meantime, the petitioner has been running from pillar to post to have properties re-mutated in their names. Even that was of no avail. Hence, the petitioners have approached this court with this writ petition,’ he said. 

He also noted that by their inaction, they have denied the right of these citizens for at least for 10 years, and to that extent, transgressed the quality of life of the citizens of this country within the meaning of Article 21 of the Constitution.