Right to Property is a Constitutional Right. The state cannot take possession of it without following due procedure and authority of law. In the State of Haryana v. Mukesh Kumar case (2011) , it was held that the property right is not only constitutional or statutory but also a human right . The doctrine of Adverse Possession: The state cannot trespass into the private property of a citizen and then claim ownership of the land in the name of ‘adverse possession. Grabbing private land and then claiming it as its own makes the state an encroacher. In 1967 , when the government forcibly took over the land for equitable distribution , the ‘right to private property was still a fundamental right’ under Article 31 of the Constitution. So, the Government came up with the 44th Constitution Amendment in 1978 which made the Right to Property a mere Constitutional Right . Hence statement 1 is correct. It was made a Constitutional right under Article 300A . Article 300A requires the state to follow due procedure and authority of law to deprive a person of his or her private property.