New Delhi: The Supreme Court has ruled that the government cannot acquire all private property for public benefit. A nine-judge constitution bench of the Supreme Court headed by Chief Justice DY Chandrachud delivered the verdict on Tuesday. Eight judges of the Constitutional Bench voted in favor of the verdict while one voted against the verdict.

However, the judgment written by the Chief Justice on the basis of the majority opinion said that the government cannot acquire and allocate all the private property for public benefit. The apex court said, "It is a matter for consideration whether private property will be covered under Article 39(b) or not." Its validity is judged based on the circumstances. Under Article 39(b) of the Constitution, the government can acquire and appropriate private property for public benefit.

The Supreme Court has rejected the judgment given in 1978 based on socialist ideas. In a 1978 judgment, the Supreme Court held that under Article 39(b) of the Constitution, the government can acquire all privately owned property for purposes of public service and profit. The Supreme Court was faced with a complex legal question in this earlier judgment on which the Constitutional Bench had the final say. An important question before the Supreme Court was whether all personal property can be considered as common gross resources under Article 39(b). Can the government acquire all private property for the benefit of the general public? But the Supreme Court gave a final judgment on such issues and gave priority to the fundamental right to property of the person previously recognized in the Constitution. 

The Minerva Mills case (1980) is cited as an example in this judgment. Two issues were declared unconstitutional by the 42nd Constitutional Amendment. This amendment to the Constitution would abridge individual fundamental rights and the amendment was barred from judicial review. Article 31(c) read with Article 49(b) and (c) authorized the State to acquire the property of a group or individual in the public interest. The Court reviewed 16 petitions and dismissed the 1992 Petition of Property Owners' Association, Mumbai. The other judges along with the Chief Justice on the bench that heard the case were Hrishikesh Roy, BV Nagaratna, Sudhashun Dhulia, JB Pardiwal, Manoj Mishra, Rajesh Bindal, Satish Chandra Sharma and Augustine George Masih. Justice Sudhashung Dhulia dissented from the above judgment while Justice Nagaratna partially dissented.

Powered by Froala Editor