Continuous Internal Assignment – II

“Property- Guru Dutt Sharma V. State of Bihar”

Submitted to:

Assoc. Prof. RAJPUT SHRADDHA BHAUSINGH

(Faculty, Jurisprudence-II)

Submitted by:

Harsh Raj Gupta

B.A.L.L.B (Hons.)

Semester- VI

Section – B, Roll no. 77

Date of Submission

22nd March 2023

“HIDAYATULLAH NATIONAL LAW UNIVERSITY”,

Post-Uparwara, Atal Nagar-492002(Chhattisgarh)

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 “Declaration of Originality”

“This is to certify that this research paper submitted by me is an outcome of my independent

and original work. I have duly acknowledged all the sources from which the ideas and extracts
have been taken. The project is free from any plagiarism and has not been submitted elsewhere
for publication.”

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 Introduction

The term "property" can be loosely defined as the total wealth of an individual, including not
only the items that they own but also the value of any claims they may have against others,
after subtracting any claims that could be made against them.

In a narrower sense, the word "property" only refers to a person's ownership rights, not their
personal rights. This includes possessions such as land, chattels, shares, and debts owed to
them. This is the most common use of the term in modern times.

In another way, property is only made up of things like patents and copyrights that are tied to
the land. Debts or benefits from a contract are not considered property in this sense.

To be more specific, the law of property deals with ownership rights, while the law of
obligations deals with ownership rights in personam.

The law of status applies to “all rights, whether they are in rem or in personam”, that are
personal or not owned by anyone. Salmond says that the word "property" can mean different
things, but in legal terms, it usually means the things listed above.

Property and its theories evolved over time in many cases, and they continue to evolve in
response to societal needs. Following the above concept, one of the landmark cases in the
history of the concept of property is "Guru Dutt Sharma V. State of Bihar," which is a
milestone, a period where property increased its significance in the role of law.

Background

The concept of property in jurisprudence refers to the legal rights and interests that an
individual or entity has over tangible or intangible assets. This concept has been a subject of
much debate and discussion among legal scholars and practitioners, with various theories and
approaches being put forth to define and interpret it.
One notable case that sheds light on the concept of property in jurisprudence is Guru Dutt
Sharma v. State of Bihar1. In this case, the Supreme Court of India was tasked with determining
whether the petitioner's right to property had been violated by the state government's
acquisition of his land for a public purpose.
The court held that the right to property is not an absolute right, but is subject to reasonable
restrictions in the interest of the general public. “This is in line with the principle of eminent
domain, which allows the government to acquire private property for public use, provided that
fair compensation is paid to the owner”.
The court also emphasized the importance of procedural safeguards in ensuring that the
government's exercise of its power of eminent domain is fair and just. These safeguards include

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AIR 1962 SC 554.

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the requirement for prior notice to the owner, the opportunity to be heard, and the provision of
adequate compensation.
Issues raised in the case

The case of Guru Dutt Sharma v. State of Bihar raises several important issues related to the
concept of property in jurisprudence. These issues can be framed under various heads based on
different theories of jurisprudence, including:
1. Nature of Property: This head can be framed under natural law theory, which
considers property rights as inherent and natural to human beings. The issue raised is
how property rights are defined and protected.
2. Fundamental Right to Property: The right to property is a fundamental right, as
stated in Article 300A of the Indian Constitution. However, this right is not
unrestricted and may be subject to legal limitations in the public interest. In Guru Dutt
Sharma v. State of Bihar, it was brought up that the government took the petitioner's
land without giving him or her any notice. In this case, the government's action would
be seen as a violation of the petitioner's basic right to property, since they were not
given a chance to be heard before their property was taken. Article 32 of the Indian
Constitution says that people have the right to constitutional remedies, which could be
used to fight against this violation.
3. Power of the State to Regulate Property: This head can be framed under legal
positivism, which holds that property rights are created and defined by the state through
its laws and legal systems. The issue raised is the power of the state to regulate and
restrict property rights.
4. Procedural Safeguards: The principles of natural justice require that fair and just
procedures are followed in any decision-making process that affects a person's rights.
In Guru Dutt Sharma v. State of Bihar, the petitioner was not told ahead of time that
the government was going to take their land. Because the petitioner wasn't given a
chance to be heard before their property was taken, this action was seen as going against
the principles of natural justice. Article 14 of the Indian Constitution says that everyone
has the right to be treated equally before the law and get the same protection from the
law. This could be taken to court
5. Balancing Individual Rights and the Public Interest: Both natural law theory and
legal positivism agree that individual property rights and the public interest need to be
balanced.In the case of Guru Dutt Sharma v. State of Bihar, the government acquired
the petitioner's land for the construction of a hospital, which would serve the public
interest. However, the acquisition also affected the petitioner's individual property
rights. The court's decision to uphold the acquisition but award adequate compensation
to the petitioner was based on the principle of balancing individual rights with the
public interest, as established in the case of Raja Anand Brahma Shah v. State of U.P.2
Overall, this case highlights the complex and multifaceted nature of property rights in
jurisprudence, and how they are shaped by different theoretical perspectives.

2
AIR 1967 SC 878

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 Analysis

The concept of property in jurisprudence refers to the legal rights and interests that an
individual or entity has over tangible or intangible assets. This concept has been debated and
analyzed by legal scholars and practitioners over the years, and various theories and approaches
have been put forth to define and interpret it.
One theory of jurisprudence that is relevant to the case is natural law theory, which holds that
property rights are inherent and natural to human beings, and are not created by the state.
According to this theory, the state has a duty to protect and respect these rights, and can only
restrict them in limited circumstances. In case, the Supreme Court of India recognized the
importance of property rights as a fundamental right under the Indian Constitution, but also
acknowledged that these rights are not absolute and can be restricted in the public interest.
Another theory of jurisprudence that is relevant to the case is legal positivism, which holds that
property rights are created and defined by the state through its laws and legal systems.
According to this theory, the state has the power to regulate and restrict property rights as it
deems fit, if it does so within the bounds of the law. In case, the court recognized the power of
the state to acquire private property for public use through the principle of eminent domain, if
the acquisition is for a public purpose and fair compensation is provided to the owner.
The case also highlights the importance of procedural safeguards in ensuring that property
rights are respected and protected. The court emphasized the need for prior notice to the owner,
the opportunity to be heard, and the provision of adequate compensation in the context of
eminent domain. These procedural safeguards are consistent with the theory of procedural
justice, which holds that fair and just procedures are essential to ensuring that legal decisions
are legitimate and trustworthy.
Overall, the case demonstrates the complexity of the concept of property in jurisprudence, and
the need for a careful balance between individual rights and the public interest. It underscores
the importance of recognizing property rights as fundamental rights, while also recognizing the
power of the state to regulate and restrict these rights in certain circumstances. It also highlights
the importance of procedural safeguards in ensuring that property rights are respected and
protected in practice.

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 Bibliography

Certainly! Here is a bibliography on "Guru Dutt Sharma V. State of Bihar":

1. Sharma, Guru Dutt, and Ors. v. State of Bihar and Ors. (AIR 1962 SC 554): Judgment
by the Supreme Court of India.
2. Sathe, S.P. Judicial Activism in India: Transgressing Borders and Enforcing Limits.
Oxford University Press, 2002. This book includes a chapter on "Guru Dutt Sharma V.
State of Bihar" and its significance in the development of property rights in India.
3. Sridharan, E. Judicial Activism in India: Origins, Meaning, and Evaluation. Oxford
University Press, 2004. This book examines the role of the judiciary in shaping property
rights and other legal concepts in India, with a specific focus on the "Guru Dutt Sharma
V. State of Bihar" case.
4. Basu, Durga Das. Shorter Constitution of India. Prentice-Hall of India Pvt. Ltd., 2008.
This book includes a detailed analysis of the "Guru Dutt Sharma V. State of Bihar" case
and its implications for property law in India.
5. Chakraborty, Supriya. "Property Rights and the Indian Constitution: An Analysis of the
'Guru Dutt Sharma V. State of Bihar' Case." Journal of Legal Studies and Research,
vol. 1, no. 2, 2017, pp. 28-36. This article provides a critical analysis of the "Guru Dutt
Sharma V. State of Bihar" case and its impact on property rights jurisprudence in India.