India after Constitution came into force property right is recognized as a fundamental
right under Articles 19(1)(f) and in 1978 (44th amendment) this right is abolished. However, in another part of the Constitution, Article 300 (A) was inserted to affirm that no person shall be deprived of his property save by authority of law. The result is that the right to property as a fundamental right is now substituted as a statutory right. The amendment expanded the power of the state to appropriate property for social welfare purposes.
The Right to Property the most amended provision in constitution of India These include the First (1951), Fourth (1955), Seventh (1956), Seventeenth (1964), Twenty-Fourth (1971), Twenty- Fifth (1972), Twenty-Sixth (1972), Twenty-Ninth (1972), Thirty-Fourth (1974), Thirty- Ninth (1975) and Forty Fourth (1978) constitutional amendments.
The constitution of India has included the Land reform in State subjects. The Entry 18 of the State List is related to land and rights over the land. The state governments are given the power to enact laws over matters related to land. Part IV of the Directive Principles of State Policy also indirectly mandates the government to take measures for land reforms to achieve an egalitarian society. The absorption of international obligations, special areas of interest and protection of environment as a whole lies with the Central Government
Indian constitution accepts the federal concept and distributes the legislative powers between the coordinate constitutional entities, namely, the union and the states. Even though the land is considered as the state, subject considering the environmental aspect, the centre could exert some control over the land for the maintenance of environmental quality . Land is treated as resource to be protected and conserved from environmental point of view. This is necessary for the existence of humanity. On the other side, each nation and people who own land consider land as property.
Legislations were enacted because land tenures in each state were different. The property transfer continued to be governed by the Transfer of Property Act, 1882, a Central legislation. It was accepted by all states as a preconstitutional law. Forest was another important area of land and spread over many states. Considering the importance of the area, it was incorporated under concurrent list. Central legislation governing the same brought forest under the control of the Central Government. The Forest Act, 1927
and the Forest (Conservation) Act, 1980 clearly lays down certain principles which states should necessarily follow.
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