Not all private properties can be taken over by State: Supreme Court

In a significant decision, the Supreme Court ruled that not all privately owned properties are considered “material resources of the community” under the Indian Constitution. The court clarified that only certain private properties that are essential to the community and serve a public need fall under this category. The judgment emphasized careful consideration of factors like the nature of the resource and its impact on the community. The ruling also highlighted that previous interpretations were influenced by specific economic ideologies, and the Constitution’s framers did not intend to impose a fixed economic doctrine. The case has a long history and involves the interpretation of Article 39(b) and the Maharashtra Housing and Area Development Act. The final judgment and dissenting opinion are yet to be published.