Understanding the Concept of 'Right to Development' in Property Law
property judiciary advanced success_shareFinally, after days of grappling with the nuances of Article 21A, I cracked it! I was going through my notes, trying to understand how 'right to development' fits into the broader scheme of property law. The concept, enshrined in our Constitution through the 86th Amendment, grants citizens the right to a decent standard of living and access to facilities and services essential for a healthy, happy life.
I found it fascinating how this concept has been interpreted by the judiciary in cases like Orissa Mines Ltd. v. Chairman, Orissa Mining Corporation [(1999) 2 SCC 387]. The SC has held that 'right to development' is not just about access to basic amenities, but also about the right to a life of dignity and well-being.
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Bhai, Right to Development is a crucial concept in Property Law. It essentially means the right of every individual to benefit from development and progress. According to the UN Declaration, it's the 'freedom from want' and 'freedom to development'. This right is not just confined to property owners but also to those living in a community. It encompasses the right to housing, social security, and an adequate standard of living. So, Property Lawyers must always keep this in mind while advising clients on property-related matters.