New Delhi, Nov 5 (PTI) The Supreme Court, by 7:2 majority, held that all private properties cannot form part of 'material resources of the community' empowering states to take the/stfe.latestly.com/images/search_icon.png" alt="Search" />
India News | Highlights of SC Verdict on Private Properties
Get latest articles and stories on India at LatestLY. The Supreme Court, by 7:2 majority, held that all private properties cannot form part of 'material resources of the community' empowering states to take them over for distribution to serve "common good".
New Delhi, Nov 5 (PTI) The Supreme Court, by 7:2 majority, held that all private properties cannot form part of 'material resources of the community' empowering states to take them over for distribution to serve "common good".
Following are the key highlights of the SC judgement:
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* CJI D Y Chandrachud writes majority judgement for himself and six judges.
* SC holds that all private properties are not 'material resources of the community', hence can't be taken over by the State for distribution.
* While Justice BV Nagarathna partially concurs with majority view and Justice Dhulia dissents.
* Majority verdict sets aside the Ranganatha Reddy judgement of 1978 which held that private properties can be regarded as community resources.
* The verdict says theoretically the phrase 'material resources of community' used in Article 39(b) includes privately owned resources.
* SC disagrees with views of Justice Krishna Iyer in Ranganatha Reddy, says not every private resource can be considered a 'material resource of the community'.
* Enquiry on whether a resource falls within the ambit of "material resource of community" must be based on nature, characteristics, impact of resource on well-being of community.
* SC says scarcity of resources and consequence of such a resource being concentrated in the hands of private players have to be seen.
* SC says public trust doctrine can be applied in deciding what can be taken over by the state.
* SC says observation in the Mafatlal case that ‘material resources of the community' include privately owned resources is not binding.
(This is an unedited and auto-generated story from Syndicated News feed, LatestLY Staff may not have modified or edited the content body)
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