legal reasoning 09

1 :

A citizen’s right to own private property is a human right. The state cannot take possession of it without following due procedure and authority of law, the Supreme Court has held in a judgment. The state cannot trespass into the private property of a citizen and then claim ownership of the land in the name of ‘adverse possession’, the court said. Grabbing private land and then claiming it as its own makes the state an encroacher. In a welfare state, right to property is a human right, a Bench of Justices Indu Malhotra and Ajay Rastogi declared in their January 8 verdict.

 “A welfare state cannot be permitted to take the plea of adverse possession, which allows a trespasser i.e. a person guilty of a tort, or even a crime, to gain legal title over such property for over 12 years. The State cannot be permitted to perfect its title over the land by invoking the doctrine of adverse possession to grab the property of its own citizens,” Justice Malhotra, who authored the judgment, laid down the law.

Yet, this is exactly what happened 52 years ago with Vidya Devi, a widow. The Himachal Pradesh government forcibly took over her four acres at Hamipur district to build a road in 1967.

Justice Malhotra highlights how the state took advantage of Ms. Devi’s illiteracy and failed to pay her a compensation for 52 years.

“The appellant [Ms. Devi] being an illiterate widow, coming from a rural background, was wholly unaware of her rights and entitlement in law, and did not file any proceedings for compensation of the land compulsorily taken over by the state,” Justice Malhotra empathised with Ms. Devi, who is 80 years old now.

Ms. Devi first learnt about her right for compensation in 2010 from her neighbours who had also lost their property to the road. Then, in her 70s, she did not lose time to march straight to the Himachal Pradesh High Court, accompanied by her daughter, to join her neighbours in their fight against the state. But the High Court asked her to file a civil suit in the lower court. Disappointed, Ms. Devi moved the Supreme Court.

Ordering the state to pay her ₹1 crore in compensation, the Supreme Court noted that in 1967, when the government forcibly took over Ms. Devi’s land, ‘right to private property was still a fundamental right’ under Article 31 of the Constitution.

Property ceased to be a fundamental right with the 44th Constitution Amendment in 1978. Nevertheless, Article 300A required the state to follow due procedure and authority of law to deprive a person of his or her private property, the Supreme Court reminded the government.

Question:

What does the author wants to say regarding private property in the above passage?


1)

Only citizens have the right over private property and it is their human right.


2)

The state cannot take the right over the private property without any due procedure and authority of law.


3)

The state cannot take the right over any property without any due procedure and authority of law.


4)

Every citizen has the fundamental right to property as well as human right to property after the 44th constitutional amendment.

2 :

A citizen’s right to own private property is a human right. The state cannot take possession of it without following due procedure and authority of law, the Supreme Court has held in a judgment. The state cannot trespass into the private property of a citizen and then claim ownership of the land in the name of ‘adverse possession’, the court said. Grabbing private land and then claiming it as its own makes the state an encroacher. In a welfare state, right to property is a human right, a Bench of Justices Indu Malhotra and Ajay Rastogi declared in their January 8 verdict.

 “A welfare state cannot be permitted to take the plea of adverse possession, which allows a trespasser i.e. a person guilty of a tort, or even a crime, to gain legal title over such property for over 12 years. The State cannot be permitted to perfect its title over the land by invoking the doctrine of adverse possession to grab the property of its own citizens,” Justice Malhotra, who authored the judgment, laid down the law.

Yet, this is exactly what happened 52 years ago with Vidya Devi, a widow. The Himachal Pradesh government forcibly took over her four acres at Hamipur district to build a road in 1967.

Justice Malhotra highlights how the state took advantage of Ms. Devi’s illiteracy and failed to pay her a compensation for 52 years.

“The appellant [Ms. Devi] being an illiterate widow, coming from a rural background, was wholly unaware of her rights and entitlement in law, and did not file any proceedings for compensation of the land compulsorily taken over by the state,” Justice Malhotra empathised with Ms. Devi, who is 80 years old now.

Ms. Devi first learnt about her right for compensation in 2010 from her neighbours who had also lost their property to the road. Then, in her 70s, she did not lose time to march straight to the Himachal Pradesh High Court, accompanied by her daughter, to join her neighbours in their fight against the state. But the High Court asked her to file a civil suit in the lower court. Disappointed, Ms. Devi moved the Supreme Court.

Ordering the state to pay her ₹1 crore in compensation, the Supreme Court noted that in 1967, when the government forcibly took over Ms. Devi’s land, ‘right to private property was still a fundamental right’ under Article 31 of the Constitution.

Property ceased to be a fundamental right with the 44th Constitution Amendment in 1978. Nevertheless, Article 300A required the state to follow due procedure and authority of law to deprive a person of his or her private property, the Supreme Court reminded the government.

 

Suppose a person “X” who trespasses on a property and settles there for 14 years. In this situation can the state invoke “doctrine of adverse possession”?


1)

X is a trespasser and should not have the possession and title over the land, hence YES.


2)

A welfare state can never take the plea of adverse possession whatsoever, hence NO.


3)

A welfare state should not be permitted to take the plea of adverse possession in order to grab the private property of its citizen, hence, NO.


4)

X is a criminal and should be punished by the welfare state and the state should use the land for the benefit of society, hence YES.

3 :

A citizen’s right to own private property is a human right. The state cannot take possession of it without following due procedure and authority of law, the Supreme Court has held in a judgment. The state cannot trespass into the private property of a citizen and then claim ownership of the land in the name of ‘adverse possession’, the court said. Grabbing private land and then claiming it as its own makes the state an encroacher. In a welfare state, right to property is a human right, a Bench of Justices Indu Malhotra and Ajay Rastogi declared in their January 8 verdict.

 “A welfare state cannot be permitted to take the plea of adverse possession, which allows a trespasser i.e. a person guilty of a tort, or even a crime, to gain legal title over such property for over 12 years. The State cannot be permitted to perfect its title over the land by invoking the doctrine of adverse possession to grab the property of its own citizens,” Justice Malhotra, who authored the judgment, laid down the law.

Yet, this is exactly what happened 52 years ago with Vidya Devi, a widow. The Himachal Pradesh government forcibly took over her four acres at Hamipur district to build a road in 1967.

Justice Malhotra highlights how the state took advantage of Ms. Devi’s illiteracy and failed to pay her a compensation for 52 years.

“The appellant [Ms. Devi] being an illiterate widow, coming from a rural background, was wholly unaware of her rights and entitlement in law, and did not file any proceedings for compensation of the land compulsorily taken over by the state,” Justice Malhotra empathised with Ms. Devi, who is 80 years old now.

Ms. Devi first learnt about her right for compensation in 2010 from her neighbours who had also lost their property to the road. Then, in her 70s, she did not lose time to march straight to the Himachal Pradesh High Court, accompanied by her daughter, to join her neighbours in their fight against the state. But the High Court asked her to file a civil suit in the lower court. Disappointed, Ms. Devi moved the Supreme Court.

Ordering the state to pay her ₹1 crore in compensation, the Supreme Court noted that in 1967, when the government forcibly took over Ms. Devi’s land, ‘right to private property was still a fundamental right’ under Article 31 of the Constitution.

Property ceased to be a fundamental right with the 44th Constitution Amendment in 1978. Nevertheless, Article 300A required the state to follow due procedure and authority of law to deprive a person of his or her private property, the Supreme Court reminded the government.

Question:
Right to private property ceased to be a fundamental right with the 44th constitutional amendment in 1978. If a person Y has a property dispute with the state in the year 1984. Can the state deprive Y of his/her private property now?

 

 


1)

YES, the state can easily deprive Y because there is no fundamental right to property.

 


2)

YES, the state may/may not deprive Y of his property as it depends on state’s choice.


3)

NO, the state has to follow due procedure and authority of law in order to deprive Y.


4)

The State can deprive Y only if he is not the citizen of the state.

4 :

 

A citizen’s right to own private property is a human right. The state cannot take possession of it without following due procedure and authority of law, the Supreme Court has held in a judgment. The state cannot trespass into the private property of a citizen and then claim ownership of the land in the name of ‘adverse possession’, the court said. Grabbing private land and then claiming it as its own makes the state an encroacher. In a welfare state, right to property is a human right, a Bench of Justices Indu Malhotra and Ajay Rastogi declared in their January 8 verdict.

 “A welfare state cannot be permitted to take the plea of adverse possession, which allows a trespasser i.e. a person guilty of a tort, or even a crime, to gain legal title over such property for over 12 years. The State cannot be permitted to perfect its title over the land by invoking the doctrine of adverse possession to grab the property of its own citizens,” Justice Malhotra, who authored the judgment, laid down the law.

Yet, this is exactly what happened 52 years ago with Vidya Devi, a widow. The Himachal Pradesh government forcibly took over her four acres at Hamipur district to build a road in 1967.

Justice Malhotra highlights how the state took advantage of Ms. Devi’s illiteracy and failed to pay her a compensation for 52 years.

“The appellant [Ms. Devi] being an illiterate widow, coming from a rural background, was wholly unaware of her rights and entitlement in law, and did not file any proceedings for compensation of the land compulsorily taken over by the state,” Justice Malhotra empathised with Ms. Devi, who is 80 years old now.

Ms. Devi first learnt about her right for compensation in 2010 from her neighbours who had also lost their property to the road. Then, in her 70s, she did not lose time to march straight to the Himachal Pradesh High Court, accompanied by her daughter, to join her neighbours in their fight against the state. But the High Court asked her to file a civil suit in the lower court. Disappointed, Ms. Devi moved the Supreme Court.

Ordering the state to pay her ₹1 crore in compensation, the Supreme Court noted that in 1967, when the government forcibly took over Ms. Devi’s land, ‘right to private property was still a fundamental right’ under Article 31 of the Constitution.

Property ceased to be a fundamental right with the 44th Constitution Amendment in 1978. Nevertheless, Article 300A required the state to follow due procedure and authority of law to deprive a person of his or her private property, the Supreme Court reminded the government.

Question:

Right to property, according to the passage, is a –  


1)

Human right


2)

Fundamental right


3)

Legal right


4)

Constitutional right

5 :

A citizen’s right to own private property is a human right. The state cannot take possession of it without following due procedure and authority of law, the Supreme Court has held in a judgment. The state cannot trespass into the private property of a citizen and then claim ownership of the land in the name of ‘adverse possession’, the court said. Grabbing private land and then claiming it as its own makes the state an encroacher. In a welfare state, right to property is a human right, a Bench of Justices Indu Malhotra and Ajay Rastogi declared in their January 8 verdict.

 “A welfare state cannot be permitted to take the plea of adverse possession, which allows a trespasser i.e. a person guilty of a tort, or even a crime, to gain legal title over such property for over 12 years. The State cannot be permitted to perfect its title over the land by invoking the doctrine of adverse possession to grab the property of its own citizens,” Justice Malhotra, who authored the judgment, laid down the law.

Yet, this is exactly what happened 52 years ago with Vidya Devi, a widow. The Himachal Pradesh government forcibly took over her four acres at Hamipur district to build a road in 1967.

Justice Malhotra highlights how the state took advantage of Ms. Devi’s illiteracy and failed to pay her a compensation for 52 years.

“The appellant [Ms. Devi] being an illiterate widow, coming from a rural background, was wholly unaware of her rights and entitlement in law, and did not file any proceedings for compensation of the land compulsorily taken over by the state,” Justice Malhotra empathised with Ms. Devi, who is 80 years old now.

Ms. Devi first learnt about her right for compensation in 2010 from her neighbours who had also lost their property to the road. Then, in her 70s, she did not lose time to march straight to the Himachal Pradesh High Court, accompanied by her daughter, to join her neighbours in their fight against the state. But the High Court asked her to file a civil suit in the lower court. Disappointed, Ms. Devi moved the Supreme Court.

Ordering the state to pay her ₹1 crore in compensation, the Supreme Court noted that in 1967, when the government forcibly took over Ms. Devi’s land, ‘right to private property was still a fundamental right’ under Article 31 of the Constitution.

Property ceased to be a fundamental right with the 44th Constitution Amendment in 1978. Nevertheless, Article 300A required the state to follow due procedure and authority of law to deprive a person of his or her private property, the Supreme Court reminded the government.

Question:
Which statement from the passage proves/signifies that Supreme Court is the “guardian of the constitution”?

 


1)

“Grabbing private land and then claiming it as its own makes the state an encroacher. In a welfare state, right to property is a human right.”


2)

“Ordering the state to pay her ₹1 crore in compensation, the Supreme Court noted that in 1967, when the government forcibly took over Ms. Devi’s land, ‘right to private property was still a fundamental right’ under Article 31 of the Constitution.”


3)

“Article 300A required the state to follow due procedure and authority of law to deprive a person of his or her private property, the Supreme Court reminded the government.”


4)

All of the above.

Please select atleast one question's answer to submit it