In Narayan Prasad vs State of Chhattisgarh, Justice Sanjay K Aggarwal of Chhattisgarh HC held that no one can be deprived to own property other than by the authority of law as the Right to property is not only constitutional right but it is also a human right.
The petition was filed against the rejection of application for no objection certificate by the Arpa Special Area Development Tribunal. The petitioners went to the tribunal for obtaining no objection certificate, but the same was rejected by the tribunal on the ground that the land is a part of planning area and the same has to be constructed under PPP Project.
The court observed that at present the town development scheme of chhattisgarh is not notified as per section 50 (7) of Chhattisgarh Nagar Tatha Gram Nivesh Adhiniyam, 1973. The court further observed that because the scheme is not notified under the said section so there can be no restriction of owner’s right to transfer the property as per section 53 of the Chhattisgarh Nagar Tatha Gram Nivesh Adhiniyam, 1973.
The court also held that the right to property under Article 300A of the constitution is not only a constitutional or legal right but it also a human right and the right can be deprived only by the authority of law and no one else. Thus as per this provision no restriction can be made on prohibition of transfer of property.
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