Right in remPropertySupreme Court of India

State of West Bengal v Subodh Gopal Bose

AIR 1954 Supreme Court 9219541 min read

The case in brief30-second read

Facts: The State of West Bengal acquired property under the West Bengal Land Development and Planning Act. The property owner challenged the acquisition arguing violation of fundamental right to property (then Art.31). The nature of the right, whether in rem or in personam, was relevant.
Issue: Whether the right to property is a right in rem (against the whole world) or a right in personam (against specific persons).
Held: The Supreme Court held that the right to property is a right IN REM: available against the whole world. Every person (including the State) has a duty not to interfere with the owner's property except as permitted by law. The fundamental right to property (then Art.31) was a constitutional right in rem enforceable against all including government.
Principle: Right to property is a right in rem: available against the whole world; every person has a duty not to interfere with the owner's property

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Facts

The State of West Bengal acquired property under the West Bengal Land Development and Planning Act. The property owner challenged the acquisition arguing violation of fundamental right to property (then Art.31). The nature of the right, whether in rem or in personam, was relevant.

Issue

Whether the right to property is a right in rem (against the whole world) or a right in personam (against specific persons).

Held

The Supreme Court held that the right to property is a right IN REM: available against the whole world. Every person (including the State) has a duty not to interfere with the owner's property except as permitted by law. The fundamental right to property (then Art.31) was a constitutional right in rem enforceable against all including government.

Ratio decidendi

The Supreme Court held that the right to property is a right IN REM: available against the whole world. Every person (including the State) has a duty not to interfere with the owner's property except as permitted by law. The fundamental right to property (then Art.31) was a constitutional right in rem enforceable against all including government.

Exam use

How to use it in an answer

| Subject | How Applied | Chapter |
|---------|------------|---------|
| Jurisprudence | Illustrates right in rem vs right in personam; correlative duty on the world | JUR 3.2 Rights and Duties |

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Citation

State of West Bengal v Subodh Gopal Bose AIR 1954 Supreme Court 92

Reported: AIR 1954 Supreme Court 92. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.