The Supreme Court's decision in Kolkata Municipal Corporation v. Bimal Kumar Shah marks a significant development in Article 300A jurisprudence. While upholding the concurrent findings of the Single Judge and the Division Bench of the Calcutta High Court, the Supreme Court identified seven constitutional requirements for a valid compulsory acquisition of immovable property. The ruling reaffirms that, although the right to property is no longer a fundamental right after the 44th Constitutional Amendment, it remains constitutionally protected under Article 300A against arbitrary deprivation by the State.
Shardul Amarchand Mangaldas & Co
