Supreme Court Refines Definition of Community Resources
The Supreme Court defined that not all private properties are deemed 'material resources of the community'. By a 7:2 majority, it ruled against states acquiring private properties for the common good without assessment. This overrules the 1978 judgement allowing states to classify private resources as community resources.
- Country:
- India
In a landmark judgement, the Supreme Court has clarified the scope of what constitutes 'material resources of the community', ruling that not all private properties fall under this category. The 7:2 majority decision curtails the state's power to indiscriminately acquire private properties for the common good.
The judgement, authored by Chief Justice D Y Chandrachud, refines the interpretation of Article 39(b) of the Indian Constitution. It sets aside the Ranganatha Reddy judgement of 1978, which previously allowed states to deem private properties as community resources. Instead, the Court insists that the nature, characteristics, and community impact of the resource must be rigorously examined.
The verdict underscores the significance of the public trust doctrine, emphasizing the need for careful scrutiny before states can intervene and claim privately owned resources. This decision highlights a pivotal shift from previous views, ensuring that resource concentration and scarcity are carefully evaluated.
(With inputs from agencies.)
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