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5 Nov 2024

Check Supreme Court Ruling on Government Control of Private Property


The Supreme Court delivered an important verdict today regarding the government's authority to seize private property under Article 39(B) of the Constitution. The court ruled that the government cannot take control of all private properties unless they serve a public interest. 


A nine-judge bench, led by Chief Justice of India DY Chandrachud, clarified that while the state has the right to claim certain private properties, this is limited to cases that benefit the community.


In a landmark decision, the bench emphasized that not all privately owned resources can be acquired by the state. Chief Justice Chandrachud highlighted that the state can only claim resources that are aligned with public interest. 


This ruling overturns previous decisions of the SC made since 1978, which suggested that the government could take possession of private properties for the common good. The Chief Justice said that private properties are not merely physical resources and therefore cannot be universally seized by the government.


The historic bench included Chief Justice DY Chandrachud, along with Justices Hrishikesh Roy, BV Nagarathna, Sudhanshu Dhulia, JB Pardiwala, Manoj Mishra, Rajesh Bindal, Satish Chandra Sharma, and Augustine George Masih. The decision follows six months of deliberation after extensive hearings involving prominent legal representatives, including Attorney General R Venkataramani and Tushar Mehta.


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