Historic decision of the Supreme Court on private property, overturning the decision after 1978 – SC Decision On Private Property

Supreme Court Hearing On Private Property: The Supreme Court has given a historic verdict in the case of acquisition of private property by the government. A larger bench of 9 judges of the Supreme Court said in its important decision on Tuesday that the government cannot use all private properties unless public interest is involved. Along with this, CJI gave this decision, overturning the decision made after 1978.

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Can the government take over the private property of an individual or community in the name of society under Article 39(B) of the Constitution? The Supreme Court has given its verdict on this important question. A larger bench of 9 judges of the Supreme Court said in its important decision on Tuesday that the government cannot use all private properties unless public interests are involved.

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While delivering the judgement, the CJI said that not every private property can be called community property. Earlier, the Constitution Bench had reserved its decision in the private property case after hearing on May 1 this year.

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Chief Justice Justice DY Chandrachud gave his decision by majority in the case of a bench of 9 judges. The bench, by majority opinion, has ruled that not all privately owned resources can be acquired by the state, the state can lay claim to those resources which are in public interest and belong to the community.

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Supreme Court overturned the decision after 1978

Along with this, the Supreme Court overturned those decisions after 1978 in which the socialist theme was adopted and it was ruled that the state can take over all private property for the common good. CJI DY Chandrachud, while reading the majority decision, said that Article 31 (C) of the Constitution, which protects laws made in accordance with the Directive Principles, is correct. CJI Chandrachud said, “Now we will talk about 39 (B). 39(b) talks about distribution of community property in the public interest. Not all private property can be treated as community property. Some of the earlier decisions taken in this regard were influenced by a particular economic ideology.

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'Every private property cannot be called public'

CJI said that private sector has importance in today's economic structure. While delivering the judgement, he said that every private property cannot be called community property. Questions such as the condition of the property, its need in the public interest, and its scarcity may result in a private property becoming community property.

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