Private properties cannot be taken over by government: Supreme Court
The Hindu
Supreme Court overturns 1978 verdict allowing government to take private properties for common good, clarifies material resources distinction.
The Supreme Court on Tuesday (November 5, 2024) overturned a 1978 verdict that allowed government to take over private properties to distribute to subserve common good.
In a 7-judge majority judgment the top court held that all private properties are not material resources, hence cannot be taken over by States.
Also read:Private property is a human right: Supreme Court
The majority judgment, authored by Chief Justice of India D.Y. Chandrachud noted that old ruling that State can take over private properties was motivated by particular economical, socialist ideology.
The top court said that States can, however, stake claim over resources that are material and are held by community, for public good.
The 1978 judgment authored by Justice V.S. Krishna Iyer held all privately owned resources can be acquired by State.
Justice B.V Nagarathna partially disagreed with the CJI, while Justice Sudhanshu Dhulia gave a dissent judgment.
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