Right to Property a Constitutional Safeguard Against Arbitrary State Action: Delhi High Court

The Delhi High Court has reaffirmed that the right to property, though no longer a fundamental right, remains a vital constitutional and legal right under Article 300A.

The court held that no person can be deprived of property without legal authority, declaring the Centre’s continued possession of a Delhi flat owned by the late HK Sarin from 1999 to 2020 as unlawful.

The Court awarded ₹1.76 crore in mesne profits to the legal heirs, stressing that unauthorised occupation violates principles of fairness, equity, and the rule of law.