Not All Private Property Can Be Acquired By State For Public Good: Supreme Court
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The bench, headed by Chief JusticeChief JusticeChief Justice of India DY Chandrachud, however, said states can stake claim over private properties in certain cases.
The majority verdict pronounced by the CJI overruled Justice Krishna Iyer's previous ruling that all privately owned resources can be acquired by the State for distribution under Article 39(b) of the Constitution.
Private resources may fall under the definition of material resource under Article 39(b) depending on the nature of the resource being ‘material’ and the impact of the resource on the community, the court said.