SC: STATE CAN'T TAKE OVER EVERY PRIVATE PROPERTY

All individual assets not community resource

- 

In a significant verdict, the Supreme Court by a majority of 7:2 on Tuesday held all private properties cannot form part of "material resources of the community", empowering states to take them over for distribution to serve "common good" under the Constitution.

The judgment of the nine-judge Constitution bench headed by Chief Justice D Y Chandrachud provided clarity on the interpretation of Articles 31C and 39(b) of the Constitution, pivotal provisions concerning the rights of individuals against the state's authority to control resources for public good.

The majority ruling has significant implications for laws impacting property and resource distribution, particularly in Maharashtra, where ageing buildings pose severe safety hazards and their restoration was a major issue.

The vexed legal question, which was decided by the top court, was whether private properties can be considered "material resources of the community" under Article 39(b) and taken over by state authorities for distribution to subserve the "common good".

The CJI authored the 193page majority judgement on behalf of six other judges -- Justices Hrishikesh Roy, J B Pardiwala, Manoj Misra, Rajesh Bindal, Satish Chandra Sharma, Augustine George Masih -- to decide the two issues.