High Court's big decision, government to pay Rs 1.76 crore!
The dream of settling down in a flat in Ansal Bhawan on Kasturba gandhi Marg, the heart of delhi, was seen, but this dream remained unfulfilled for years due to a long legal battle and the alleged 'unjust' action of the state. Now, 23 years later, the delhi High court has raised that voice. The court has said that the one who protects the rights of the citizens should not play the role of a predator. It is mandatory to follow the dignity of the Constitution in every situation.
The court of delhi High court Justice Purushendra Kumar Kaurav said in a historic decision that even though the right to property is no longer a fundamental right, it still remains a strong legal right under Article 300A of the Constitution, and it cannot be taken away without proper law and procedure.
The story started during the Emergency
This case is related to the Emergency of 1977. It is alleged that this flat was illegally seized on the basis of a detention order at that time, while that order was later canceled. Despite this, in 1998 the central government seized the property under the SAFEMA Act and the plaintiffs could not get their rights.
The plaintiffs claimed in the court that they were not only deprived of the property, but also had to suffer mental, financial and legal harassment for years. They demanded mesne profit (i.e. rent received during illegal occupation), loss of market value and interest.
Justice was given, late but with full respect
The court made a sharp comment on the role of the state in this case and said that when the state itself violates the rights, the foundation of justice starts shaking. The executive should work within the limits of the Constitution otherwise it is a constitutional crime and in a democracy the biggest responsibility of the government is to protect the rights of the people, not crush them. The court has ordered the government to pay a compensation of Rs 1.76 crore, considering the period from 1999 to 2020 as illegal occupation. This decision is not just a legal victory, but a ray of hope for countless citizens who stand up against the injustice of the state.