Article 300A: Persons not to be deprived of property save by authority of law

Leading cases

• K.T. Plantation (P) Ltd. v. State of Karnataka (2011)The Court upheld the Roerich Estate Acquisition Act and the withdrawal of the linaloe exemption, and held that Article 300A requires a public purpose for deprivation of property, with any nil or illusory compensation to be justified by the State.
• Pioneer Urban Land and Infrastructure Ltd. v. Union of India (2019)The 2018 amendments to the Insolvency and Bankruptcy Code treating home buyers (allottees) as financial creditors are constitutionally valid; RERA and the Code operate concurrently, the Code prevailing in case of conflict.
• Kolkata Municipal Corporation v. Bimal Kumar Shah (2024)Section 352 of the Kolkata Municipal Corporation Act, 1980 confers no power of compulsory acquisition; under Article 300A a valid acquisition needs fair procedure, and compensation alone is not enough.
• Vidya Devi v. State of Himachal Pradesh (2020)The State cannot take a citizen's land without following law, cannot claim title by adverse possession against its own citizen, and was directed to pay compensation as a deemed acquisition despite a delay of decades.

Questions on this article

18 questions in 23 of our papers cite Article 300A. Try these from the free papers:

1. 1. Assertion (A): The right not to be deprived of property save by authority of law is a Fundamental Right enforceable directly under Article 32. Reason (R): Article 300A, which provides that no person shall be deprived of his property save by authority of law, was inserted in Part XII by the Constitution (Forty-fourth Amendment) Act, 1978.

   A.Both A and R are true, and R is the correct explanation of AB.Both A and R are true, but R is not the correct explanation of AC.A is true, but R is falseD.A is false, but R is true
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2. 2. 'No tax shall be levied or collected except by authority of law' is the mandate of:

   A.Article 267B.Article 266C.Article 300AD.Article 265
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3. 3. Consider the following statements about Article 300A: 1. It uses the word 'person' and is not confined to citizens. 2. It was inserted by the Constitution (Forty-fourth Amendment) Act, 1978. 3. Under it, a person may be deprived of property by an executive order that has no backing of any law. Which of the statements given above is/are correct?

   A.1 and 2 onlyB.1 onlyC.1, 2 and 3D.2 and 3 only
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