State of Arunachal Pradesh v. Mihin Laling 2025 INSC 1186 - Right To Property - Jhum Land Regulation
Constitution of India - Article 14 and Article 300A - The right to property, though no longer fundamental, is nonetheless a constitutional right which cannot be divested save by authority of law, and such deprivation must meet tests of fairness and nonarbitrariness. (Para 19)
Balipara/Tirap/Sadiya Frontier Tract Jhum Land Regulation, 1947 - Section 10 - “reasonable compensation” in Section 10 must be harmonised with the prevailing legislative standards of the time, and that solatium and interest are not alien imports but integral components of fairness. This interpretive technique properly reflects the principle that subordinate or special legislation must be read in the light of constitutional values and later general enactments, particularly where the language is sufficiently elastic. (Para 22)
Case Info
Case name: The State of Arunachal Pradesh & Anr. v. Mihin Laling & Ors.
- Neutral citation: 2025 INSC 1186
- Coram: Surya Kant, J. and Joymalya Bagchi, J.
- Judgment date: September 16, 2025
Statutes/laws referred
- Balipara/Tirap/Sadiya Frontier Tract Jhum Land Regulation, 1947 (particularly Section 2(b), Section 4, and Section 10)
- Land Acquisition Act, 1894
- Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (including solatium and interest provisions)
- Balipara/Tirap/Sadiya Frontier Tract Jhum Land Regulation (Amendment) Act, 2024 (Act No. 11 of 2024) — proviso to Section 10
- Constitution of India: Article 14 and Article 300A
- Government of India Act, 1935: Section 92(2)
The right to property, though no longer fundamental, is nonetheless a constitutional right which cannot be divested save by authority of law, and such deprivation must meet tests of fairness and non-arbitrarines.#SupremeCourtofIndia https://t.co/y6fe6AOmol pic.twitter.com/I5XdBvzYha
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