Plea on right to property dismissed
By IANSMonday, October 18, 2010
NEW DELHI - The Supreme Court Monday dismissed a petition seeking restoration of right to own property as a fundamental right.
An apex court bench of Chief Justice S.H. Kapadia, Justice K.S. Radhakrishnan and Justice Swatanter Kumar said that such a right was inconsistent with the principle of socialism enshrined in the preamble of constitution.
Chief Justice Kapadia, while dismissing the public interest litigation (PIL), observed that if one were to accept this position then many of the judgments of the apex court would get quashed.
The court was hearing the PIL filed by Sanjiv Kumar Agarwal. He was represented by counsel Gopal Shanker.
The right to own property as a fundamental right was taken away in 1978 by an amendment to constitution. The petitioner sought the reversal of said amendment.
