Supreme Court limits state to seize private property

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NEW DELHI: Nine-judge bench delivers verdict on question whether state can take over private properties to distribute to subserve common good.

SC overturns verdicts post 1978 that adopted socialist theme and ruled that states can take over all private properties for common good.

CJI, writing majority judgement for seven judges, holds all private properties are not material resources. Hence cannot be taken over by states.

Majority SC verdict overrules Justice Krishna Iyer’s previous ruling that held all privately owned resources can be acquired by state.

Majority verdict notes old ruling that State can take over private properties was motivated by particular economical, socialist ideology.

SC says State can, however, stake claim over resources that are material and are held by community, for public good.

Justice B V Nagarathna partially disagrees with CJI, while Justice Sudhanshu Dhulia dissents.