SC: If statute prescribes a mode, deprivation of property can’t be done in other modes

The Hon’ble Supreme Court, on 14th August 2020, in the matter of M.C. Mehta v. Union of India observed that when the statute prescribes a mode, the deprivation of property cannot be done in other modes.

The Hon’ble Supreme Court observed that:

The power of sealing of property carries civil consequences. A person can be deprived of the property by following a procedure in accordance with law. (Para 86)

Article 300A of the Constitution provides that nobody can be deprived of the property and right of residence otherwise in the manner prescribed by law. When the statute prescribes a mode, the property’s deprivation cannot be done in other modes. (Para 87)

Copy of judgement: Judgement_14-Aug-2020

-Adv. Tushar Kaushik

Leave a Reply

Your email address will not be published. Required fields are marked *