Right to Property (Article 25) — Acquisition, Requisition, and Compensation
Exam Snapshot
Every citizen has the right to acquire, use, and dispose of property. The State may only limit this right through acquisition or requisition for public interest, provided that fair compensation is determined and paid in advance.
Core Concept
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Right to Property: A fundamental right under Article 25. It guarantees that no person shall be deprived of their property except in accordance with the law.
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Acquisition: The permanent taking of title/ownership of property by the State for a public purpose.
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Requisition: The temporary taking of possession or control of property for a specific period without transferring the underlying ownership title.
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Public Interest: The only valid constitutional ground for the State to exercise its power of eminent domain or requisition.
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Compensation: Article 25(3) mandates that the basis for compensation and the procedure for determining it shall be prescribed by law. Compensation must be provided to the concerned person before the acquisition or requisition takes place.
Nepal Law Anchors
- Constitution of Nepal, Article 25: Fundamental right to property.
- Land Acquisition Act, 2034: The procedural statute governing the process, compensation determination, and appeal mechanisms in Nepal.
Confusable Terms
| Term | Scope | Ownership Status |
|---|---|---|
| Acquisition | Permanent | Ownership transferred to State |
| Requisition | Temporary | Ownership remains with owner |
MCQ Traps
- Trap: The State can acquire property for any government purpose.
- Correction: The State can only acquire/requisition for "public interest" (सार्वजनिक हित).
- Trap: Compensation is optional for requisition but mandatory for acquisition.
- Correction: Compensation is mandatory for both acquisition and requisition under Article 25.
- Trap: The government can pay compensation after the acquisition is complete.
- Correction: The Constitution implies the base compensation must be determined and provided before the state takes possession.
Example
If the government needs to build a new national highway through private farmland, it invokes the Land Acquisition Act. The government must notify the public, assess the market value of the land, and pay the compensation amount to the landowners before clearing the land for construction.
Memory Hook
"Public Interest + Fair Compensation = Lawful Deprivation."
Quick Revision
- Article 25 is a Fundamental Right.
- Public Interest is the exclusive ground for acquisition/requisition.
- Compensation must be based on market value.
- The Land Acquisition Act 2034 provides the machinery.
- No person can be deprived of property without legal authority.