State cannot classify all private property as community resource for takeover: Supreme Court

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North News

New Delhi, November 5

The Supreme Court ruled on Tuesday that not all private properties qualify as “material resources of the community” under Article 39(b) of the Constitution, which would permit their takeover by the state for the “common good.” This landmark decision overturned post-1978 judgments that embraced a socialist approach allowing broad state acquisition of private properties.

Chief Justice D.Y. Chandrachud, leading the bench, emphasized that an individual’s property cannot automatically be deemed a community resource simply because it addresses material needs. The Court clarified that privately-owned property must meet specific criteria before being considered eligible for state acquisition, the news outlet the Bar and Bench reported.