SC overturns 1978 ruling, strikes down State's power to seize pvt property

Quick Summary:

Article 39(b) of the Indian Constitution directs the State to work towards redistributing resources to best serve the public interest.

However, the recent ruling introduces a nuanced perspective, suggesting that this provision cannot be used as a justification for the wholesale appropriation of private property without assessing the community impact.

The judgment delivered by Justice Krishna Iyer stated that material resources of the community covered all resources -- natural and man-made, publicly and privately owned.

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Article Details

Category: BusinessFinance

Markets: India

Topics: Economic policy Landmark decision Constitutional law Common good Property owners association State seizure Maharashtra Housing Act India property law Article 39(b) Property acquisition Private property rights Legal news Supreme Court ruling Property protection State authority limits Public trust doctrine

Source Website Secure: Yes (HTTPS)

News Sentiment: Negative

Fact Checked: Legitimate

Article Type: News Report

Published On: 2024-11-05 @ 11:41:47 (2 weeks ago)

News Timezone: GMT +5:00

News Source URL: business-standard.com

Language: English

Article Length: 688 words

Reading Time: 4 minutes read

Sentences: 32 lines

Sentence Length: 22 words per sentence (average)

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Copyright Owner: © Business Standard

News ID: 23424530

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