Supreme Court Verdict: No Broad Acquisition of Private Property

Aakhir Tak – In Shorts:

The Supreme Court ruled on Tuesday that states do not have the constitutional right to seize all private property for redistribution in the name of the “common good.” A nine-judge bench led by Chief Justice DY Chandrachud clarified that states can only claim private property in specific instances. This ruling overturns Justice Krishna Iyer’s prior interpretation allowing such acquisitions under Article 39(b).

Aakhir Tak – In Depth:

On Tuesday, the Supreme Court delivered a landmark ruling stating that state governments cannot acquire private property broadly under Article 39(b) of the Constitution for redistribution purposes. Chief Justice DY Chandrachud led a nine-judge bench that clarified the limited constitutional authority for states in this matter. The majority judgment, authored by the Chief Justice and supported by six other judges, reversed Justice Krishna Iyer’s stance that allowed state acquisition of private property under Article 39(b) for common good.

Justice BV Nagarathna partially dissented from this majority opinion, while Justice Sudhanshu Dhulia expressed full disagreement. The court referenced the Minerva Mills case (1980), which declared unconstitutional two provisions of the 42nd Amendment, ensuring the balance between Directive Principles of State Policy and fundamental rights. The bench reviewed 16 petitions, including a 1992 plea from the Property Owners’ Association in Mumbai challenging a provision of the Maharashtra Housing and Area Development Authority Act.