Constitution of India · Part XII: Finance, Property, Contracts and Suits · Chapter IV: Right to Property
Article 300A: Persons not to be deprived of property save by authority of law
In plain words
No person can be deprived of their property except by authority of law.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Read the in-depth explanation, with key Supreme Court rulings ↓
Official text
No person shall be deprived of his property save by authority of law.]
Source: India Code (Legislative Department), the official text of the Constitution of India. As amended up to the Constitution (One Hundred and Sixth Amendment) Act, 2023. Text as on 10 September 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Understanding this article
Article 300A says no person shall be deprived of his property save by authority of law. Since the 44th Amendment in 1978 removed the fundamental right to property, this is a constitutional right, not a fundamental right. Article 32 is not available for it, but the High Courts enforce it under Article 226, and courts have given it real content.
From fundamental right to constitutional right
Articles 19(1)(f) and 31 were repealed in 1978. Property is now protected only by Article 300A, which bars deprivation except by authority of law. Executive action without a law behind it cannot take property.
Authority of law means more than a bare law
The Supreme Court has held that authority of law requires a valid law with fair procedure. It has identified seven procedural sub-rights: notice, a hearing, a reasoned decision, acquisition only for a public purpose, fair compensation, efficient conduct within timelines, and a final conclusion of the process. A power to acquire that lacks these procedures is not a valid power of acquisition.
Compensation
The text does not expressly mention compensation, but the courts have held that a law taking property without compensation must be scrutinised, and acquisition statutes require fair compensation. Land taken without following law must be compensated, and the State cannot plead delay against an owner it deprived without law.
A human right too
The Court has described the right to property as not only a constitutional or statutory right but also a human right.
Key Supreme Court rulings
Kolkata Municipal Corporation v. Bimal Kumar Shah (2024) 10 SCC 533
Interpreting authority of law in Article 300A, the Court held that the minimum content of the right to property comprises seven sub-rights: "the right to notice, hearing, reasons for the decision, to acquire only for public purpose, fair compensation, efficient conduct of the procedure within timelines and finally the conclusion".
Vidya Devi v. The State of Himachal Pradesh 2020 INSC 23
The State took the appellant's land for a road without acquisition proceedings or due process; such forcible dispossession violated Article 300A, and the State was directed to pay compensation.
K.T. Plantation Pvt. Ltd. v. State of Karnataka 2011 INSC 554
A Constitution Bench examined deprivation of property under Article 300A in the context of the Karnataka land reform law and the withdrawal of an exemption.
Common mistakes
- Calling the right to property a fundamental right today.
- Filing under Article 32 to enforce Article 300A.
- Assuming any law authorising acquisition suffices without the procedural sub-rights.
Read with: Article 226 Constitution, Article 31A Constitution
Prepared with AI assistance as a study aid. Every ruling listed was checked against the Supreme Court's own judgments on this site, and quoted words appear in those judgments; linked names open the full judgment. Read the judgments themselves before relying on them. Not legal advice.
Supreme Court judgments citing the article 300A
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Rohan Vijay Nahar & Ors. v. The State of Maharashtra & Ors.
Matter pertains to sustainability of the order passed by the High Court in batch of writ petitions wherein the landholders questioned the legality of revenue annotations and mutation entries that described their lands…
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Divyangnakumari Harisinh Parmar (Dead) and Others v. Union of India and Others
The following issues arise for determination in the instant appeals: (i) What is the true nature of the rights in the land granted to the Appellants; (ii) Whether the High Court was justified in interfering with and…
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The State of Haryana v. Jai Singh and Others
The issue pertains to assail the correctness of the Judgment and Order passed by the Full Bench of High Court wherein the writ petition preferred by the proprietors/landowners, (Respondents herein), challenging the…
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Vishu Vardhan @ Vishnu Pradhan v. The State of Uttar Pradesh & Ors.
Issue arose whether the impugned order having merged with this Court’s order in Reddy Veerana’s case, as claimed by R, renders the present appeal which lays a collateral challenge to an order of this Court itself not…
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Estate Officer, Haryana Urban Development Authority and Ors. v. Nirmala Devi
The matter pertains to allotment of residential plots/commercial sites to the Oustees-respondents pursuant acquisition of their land for the purpose of development of the residential sector. The issue arose whether the…
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Ishwar Chanda Sharma v. Devendra Kumar Sharma & Ors.
The issues raised in the present case relates to: (i) the eligibility of a receiver for Sri Giriraj Temple, Govardhan, Mathura; (ii) temples facing severe administrative issues of crowd management.
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Satish Chander Sharma & Ors. v. State of Himachal Pradesh & Ors.
Issue arose as to whether the decision in State of H.P. v. Rajesh Chander Sood, upholding the cut-off date of 02.12.2004, is per incuriam; whether the aforesaid decision is binding on the petitioners; whether a writ…
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Yerikala Sunkalamma & Anr. v. State of Andhra Pradesh, Department of Revenue & Ors.
Whether the High Court was correct in setting aside the judgment of the trial court whereby the appellants were held to be the lawful owners of the ‘Patta Land’.
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M/s A.P. Electrical Equipment Corporation v. The Tahsildar & Ors. Etc.
Whether in the instant case, single Judge of the High Court was right in holding that the appellant herein is entitled to get the benefit of s.3 of the Urban Land (Ceiling and Regulation) Repeal Act, 1999. Whether the…
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Nirmiti Developers Through Its Partners & Anr. v. The State of Maharashtra & Ors.
Whether the reservation of the plot of land lapsed under Sections 49, 126 and 127 of the Maharashtra Regional & Town Planning Act, 1967 due to the failure of the authorities to acquire it within the statutory timeframe,…
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Union of India & Ors. v. Tarsem Singh & Ors.
Whether the judgment in Union of India v. Tarsem Singh & Ors. is applicable prospectively or extends retrospectively.
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Cuddalore Powergen Corporation Ltd v. M/S Chemplast Cuddalore Vinyls Limited and Anr.
Whether the principles enumerated u/Ord. II r. 2 CPC would bar the institution of a second suit and warrant rejection of the plaint filed by the respondent no. 1-buyer.
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Holder v. Maharashtra Industrial Development Corporation and
The Lands of appellants herein were acquired and they were deprived of their property without paying any compensation for twenty-two years. For payment of compensation, the appellants pleaded to shift the date for…
- Vishwajeet Singh and Ors v. Sh Subhasish Panda
- Vishwajeet Singh and Ors v. Union of India and Ors
- Shakuntala Devi & Ors v. Union of India & Ors
- Shri Ashok Kumar Sharma and Anr v. Union of India
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Celir LLP v. Mr. Sumati Prasad Bafna & Ors.
The present petitions sought to initiate contempt proceedings against the respondents/alleged contemnors for wilful disobedience of the final judgment and order dated 21.09.2023 passed by this Court in Civil Appeal Nos.…
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Urban Improvement Trust v. Smt. Vidhya Devi and Ors.
The present appeals arise from a common judgment passed by the High Court dated 29.10.2009, whereby the High Court allowed the writ appeals and thereby quashed the land acquisition proceedings initiated by the appellant…
- Dr. Anita Agarwal v. University of Delhi & Ors
- Hare Ram Singh v. Reserve Bank of India & Ors
- Rajesh Sharma v. Govt of NCT of Delhi Represented by Subdivisional Magistrate Delhi Cantt & Anr
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involved and in I.R. Coelho v. State of T.N. [(1999) 7
(1) Whether Article 31C (as upheld in Kesavananda Bharati case) survives in the Constitution after amendment to the provision by the forty-second amendment was struck down by the Supreme Court in Minerva Mills case; and…
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IN RE : SECTION 6A OF THE CITIZENSHIP ACT 1955 versus
Issue arose as regards the constitutional validity of s.6A of the Citizenship Act; does s.6A offend preambular values like fraternity; s.6A, if ultra vires Part II of the Constitution; does s.6A create an unreasonable…
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Chief Commissioner of Central Goods and Service Tax & Ors. v. M/S Safari Retreats Private Ltd. & Ors.
Whether the definition of “plant and machinery” in the explanation appended to Section 17 of the Central Goods and Services Tax Act, 2017 applies to the expression “plant or machinery” used in clause (d) of sub-section…
- Kay Kay Overseas Corporation v. Commissioner of Central Goods and Service Tax & Ors
- Best Crop Science Pvt. Ltd. Through Authorized Representative v. Principal Commissioner, Cgst Commissionerate, Meerut and Ors
- Shri Balaji Polymers Through Its Proprietor Mr. Anil Kumar v. Sale Tax Officer of Delhi Goods and Service Tax and Another
- M/S Jai Maa Enterprises v. Principal Chief Commissioner Cgst and Cx, Delhi & Ors
- Hilbert Innovations Pvt Ltd v. Commissioner of Delhi Goods and Service Tax & Anr
- Gng Electronics Pvt Ltd v. Commissioner of Central Goods and Service Tax & Ors
- M/S Ndcon Constructions v. Commissioner of Delhi Goods and Service Tax & Ors
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M/s Ultra-Tech Cement Ltd. v. Mast Ram & Ors.
Whether the subject land and all other liabilities associated with it were transferred to the Appellant in terms of the Scheme; Whether it was the Appellant or JAL who was legally obliged to pay the compensation amount…
- Prasanna Kumari v. Union of India and Ors
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Kukreja Construction Company & Others v. State of Maharashtra & Others
Whether the High Court was right in declining to grant relief to the writ petitioners-appellants herein on the ground of delay and laches; whether the appeals filed by the respondent-Mumbai Municipal Corporation would…
- Rohit Chauhan v. Municipal Corporation of Delhi & Anr
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The State of Punjab & Ors. v. Davinder Singh & Ors.
The Supreme Court was required to adjudicate upon whether the sub-classification of Scheduled Castes for the purpose of providing affirmative action, including reservation is valid. In this context, the following issues…
- Dr. Archana Verma v. University of Delhi and Ors
- Mangal & Ors v. Union of India & Ors
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New Okhla Industrial Development Authority v. Darshan Lal Bohra & Ors.
(i) Whether the respondents-landowners forestalled their right to challenge the acquisition proceeding on the ground of non-compliance of Section 5A, Land Acquisition Act, 1894 because they have not filed objections; or…
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Kolkata Municipal Corporation & Anr. v. Bimal Kumar Shah & Ors.
State Municipal Corporation having claimed to have acquired the property of respondent-land bearer in exercise of powers u/s.352 of the Kolkata Municipal Corporation Act, 1980, the High Court, if justified in holding…
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T.N. Godavarman Thirumulpad v. Union of India & Ors.
Interlocutory applications preferred by the applicant being aggrieved by the inaction of the respondents in deciding the application filed by the applicant seeking permission to construct a health/eco-resort on the…
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Dharnidhar Mishra (D) and Another v. State of Bihar and Others
A land owned by the appellant was acquired and he did not receive any compensation for the same. Before the Division Bench of the High Court, the appellant was informed that value of land was Rs. 4,68,099/-. The…
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Union of India & Anr. v. Dr. Asket Singh & Ors.
Matter pertains to the challenge to the relief of solatium and interest on the compensation amount granted by the High Court.
- Yash Pal Ashok v. Regional Provident Fund Commissioner-1 and Ors
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Ltd. v. State Industrial & Investment Corpn. of Maharashtra
Suspension of legal proceedings as envisaged u/s. 22(1) of the Sick Industrial Companies (Special Provisions) Act, 1985, if would extend to a suit for recovery of money even if the debt sought to be proved in the plaint…
- Steel Authority of India Limited v. Cement Corporation of India Limited
- Rakesh Mohan Agarwal v. Union of India & Anr
- Arcelormittal India Private Limited & Anr v. Union of India & Ors
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Lucknow Nagar Nigam & Others v. Kohli Brothers Colour Lab.
1) Whether statutory vesting of property termed as enemy property under the provisions of the Enemy Property Act, 1968 amounts to expropriation which leads to change of its status inasmuch as its ownership is…
- Alka Shrivastava v. Indian Council of Social Science Research & Ors
- Sh. Dhani Ram Mehto v. Delhi Development Authority
- Mr Mahender Kumar Khandelwal v. Directorate of Enforcement & Anr
- Gajender Singh Drall and Ors v. Govt of NCT of Delhi and Ors
- Yudhvir Singh & Anr v. Govt. of NCT of Dlehi & Ors
- Rajesh Sharma v. Govenment Boys Senior Secondary School No. 2
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State of Himachal Pradesh and Others v. Yogendera Mohan Sengupta and Another
What is the Legislative Scheme of the Himachal Pradesh Town & Country Planning Act, 1977 (TCP Act); What is the nature of functions/powers of the Authorities under Chapter-IV of the TCP Act; Whether the NGT could have…
- Sidhartha Extension Pocket C Residents Welfare Association & Anr v. Union of India & Ors
- Komal Bansal and Ors v. Union of India and Ors
- Novel Trade Links Llp & Ors v. Delhi Development Authority & Ors
- Citius Real Estate Pvt Ltd v. Union of India and Anr
- Rajesh Sharma v. Govt. Boys Sr. Sec. School No. 2, D-Block, Janakpuri, Newdelhi Through Its Principal
- Air India Limited v. All India Aircraft Engineers Association
- National Aviation Company of India Now Air India Limited v. Indian Aircraft Technicians Association , & Ors
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Urban Improvement Trust, Bikaner v. Gordhan
Whether land acquisition proceedings can be declared null and void for failure to give notice u/s.52(2) of the Rajasthan Urban Improvement Act, 1959 to the owners who had purchased the land two years earlier through…
- Shirdi Exim Pvt Ltd v. Additional Director General & Ors
- Gala International Pvt. Ltd v. Additional Director General, Directorate of Revenue Intelligence, Delhi & Ors
- Ganesh Overseas Pvt Ltd v. Additional Director General & Ors
- Loonkaran Gandhi (D) Thr. Lr. v. State of
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Revanasiddappa & Anr. v. Mallikarjun & Ors.
Whether a child who is conferred with legislative legitimacy u/s. 16(1) or 16(2) is, by reason of s. 16(3), of the Hindu Succession Act, 1956 entitled to the ancestral/coparcenary property of the parents or is the child…
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Yadaiah and Anr. v. State of Telangana and
In the instant appeal, the resumption order concerning the assignment of non-occupied land in the 1960s to la ndless scheduled caste/scheduled tribe persons for the purpose of cultivation which was upheld by the…
- Dr. Ravindra Narayan Mishra v. Sri Guru Tegh Bahadur Khalsa College and Ors
- Ajay Jaiswal v. University of Delhi & Anr
- Dr. Roopesh Tehri & Ors v. University of Delhi & Anr
- Janak Raj v. Union of India and Ors
- Constituted Attorney v. The Municipal Corporation of
- Shafiqur Rahman Kidwai Association and Another Jamia Milia Islamia v. Union of India and Others
- B. S. Hari Commandant v. Union of India & Ors.
- Modi Rubber Limited v. Continental Carbon India
- State of Orissa v. Orissa Khadi and Village Industries
- R Sundaram v. The Tamil Nadu State Level
- Association of Vasanth Apartments’ Owners v. V. Gopinath & Ors
- Manubhai Sendhabhai Bharwad v. Oil and
- Suresh Puri v. State Bank of India & Ors
- Vivek Narayan Sharma v. Union of India
- Mahanadi Coal Fields Ltd. & Anr. v. Mathias Oram & Ors.
- M/S Delhi Airtech Services Pvt. Ltd & Anr. v. State of U.P. & Anr
- Aishat Shifa v. The State of Karnataka & Ors
- M/S. M.S.P.L. Limited v. The State of Karnataka and Ors.
- M/S. Jagan Singh & Co. v. Ludhiana Improvement Trust & Ors.
- Independent Schools’ Federation of India (Regd.) v. Union of India and Another
- Sundaresh Bhatt, Liquidator of Abg Shipyard v. Central Board of Indirect Taxes and Customs
- Union of India & Anr. v. M/S. Ganpati Dealcom Pvt. Ltd.
- Haryana State Industrial and Infrastructure Development Corporation Ltd. & Ors. v. Mr. Deepak Aggarwal & Ors.
- The State of Karnataka & Anr v. B. R. Muralidhar & Ors.
- National Highways Authority of India v. Sri P. Nagaraju @ Cheluvaiah & Anr
- Talli Gram Panchayat v. Union of India and Others
- M/S. R.S. Infra-Transmission Ltd. v. Saurinindubhai Patel and Ors.
- Reddy Veerana v. State of Uttar Pradesh and Others
- The Secretary to Govt. of Kerala, Irrigation Department and Others v. James Varghese and Others