| Section | Content |
| Introduction | The Supreme Court observed that the right to property under Article 300A of the Constitution extends to persons who are not citizens of India. |
| Factual Background | In the case of Lucknow Nagar Nigam & Others v. Kohli Brothers Colour Lab. Pvt. Ltd. & Others, the issue revolved around whether an ‘enemy property’ under the Enemy Property Act, 1968, is exempted from municipal laws as it is not vested with the Union Government. |
| Legal Issues | 1. Whether the right to property under Article 300A of the Constitution applies to persons who are not citizens of India.<br>2. Whether an ‘enemy property’ is exempted from municipal laws as it is not vested with the Union Government. |
| Applicable Law | The Supreme Court considered the provisions of Article 300A of the Constitution, the Enemy Property Act, 1968, and relevant municipal laws. |
| Analysis | The Supreme Court interpreted Article 300A to include not only legal or juristic persons but also persons who are not citizens of India. It noted that the Enemy Property Act, 1968, was enacted to ensure uniformity in the treatment of enemy properties across the country. The Court emphasized that taking possession of an enemy property by the Custodian for administration does not amount to a transfer of ownership from the true owner to the Custodian or the Union, as it would be a deprivation of property without compensation. |
| Conclusion | The Supreme Court concluded that the right to property under Article 300A extends to persons who are not citizens of India. It held that an ‘enemy property’ under the Enemy Property Act, 1968, is not exempted from municipal laws, as the ownership of such property is not transferred to the Custodian without compensation. |
| Current Scenario | The decision clarifies the scope of the right to property under Article 300A and its applicability to non-citizens of India. It also establishes that enemy properties are not exempt from municipal laws, ensuring that such properties are managed uniformly across the country. |
CASE SUMMARY – In the case of Lucknow Nagar Nigam & Others v. Kohli Brothers Colour Lab. Pvt. Ltd. & Others, 2024, the Supreme Court held that the right to property under Article 300A of the Constitution extends to persons who are not citizens of India. The Court ruled that ‘enemy property’ under the Enemy Property Act, 1968 is not exempt from municipal laws as it is not vested with the Union Government. The Court emphasized that taking possession of enemy property for administration by the Custodian does not constitute a transfer of ownership without compensation, as guaranteed by Article 300A.
SOURCE – SUPREME COURT OF INDIA
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