Not all privately owned properties qualify as neighborhood sources that the State can take over for the widespread good, the Supreme Courtroom mentioned in a landmark verdict right this moment. The nine-judge Structure bench led by Chief Justice of India DY Chandrachud delivered the judgment on the vexed challenge with an 8-1 majority. Three judgments had been authored — the Chief Justice wrote one for himself and 6 colleagues, Justice BV Nagarathna wrote a concurrent however separate judgment and Justice Sudhanshu Dhulia dissented.
The case pertains to Article 31C of the Structure that protects legal guidelines made by the State to meet directive ideas of state coverage — tips the Structure lays down for governments to comply with whereas making legal guidelines and insurance policies. Among the many legal guidelines that Article 31C protects is Article 39B. Article 39B lays down that the State shall direct its coverage in direction of guaranteeing that the possession and management of the fabric sources of the neighborhood are so distributed as greatest to subserve the widespread good.
On this, the Chief Justice remarked, “Does materials useful resource of a neighborhood utilized in 39B embrace privately owned sources? Theoretically, the reply is sure, the phrase might embrace privately owned sources. Nonetheless, this court docket is unable to subscribe itself to the minority view of Justice Iyer in Ranganath Reddy. We maintain that not each useful resource owned by a person will be thought of a fabric useful resource of a neighborhood solely as a result of it meets the qualifier of fabric wants.”
“The enquiry concerning the useful resource in query falls beneath 39B should be contest-specific and topic to a non-exhaustive record of things resembling nature of useful resource, the traits, the impression of the useful resource on the well-being of the neighborhood, the shortage of useful resource and penalties of such a useful resource being concentrated within the palms of personal gamers, the general public belief doctrine developed by this court docket can also assist establish sources which fall beneath the ambit of fabric useful resource of a neighborhood,” he added.