States not empowered to take over all private properties for distribution to serve common good: SC
New Delhi (PTI): In a majority 7:2 ruling, the Supreme Court on Tuesday held that states are not empowered under the Constitution to take over all privately-owned resources for distribution to serve the "common good".
A nine-judge bench headed by Chief Justice DY Chandrachud, however, said states can stake claim over private properties in certain cases.
The majority verdict pronounced by the CJI overruled Justice Krishna Iyer's previous ruling that all privately owned resources can be acquired by the State for distribution under Article 39(b) of the Constitution.
The CJI wrote for himself and six other judges on the bench which decided the vexed legal question on whether private properties can be considered "material resources of the community" under Article 39(b) and taken over by State authorities for distribution to subserve the "common good".
It overturned several verdicts that had adopted the socialist theme and ruled that states can take over all private properties for common good.
Justice BV Nagarathna partially disagreed with the majority judgement penned by the CJI, while Justice Sudhanshu Dhulia dissented on all aspects.
The pronouncement of judgements is underway.
The top court had, in the Minerva Mills case of 1980, declared two provisions of the 42nd Amendment, which prevented any constitutional amendment from being "called in question in any court on any ground" and accorded precedence to the Directive Principles of State Policy over the fundamental rights of individuals, as unconstitutional.
Article 31C protects a law made under Articles 39(b) and (c) empowering the State to take over material resources of the community, including private properties, for distribution to subserve the common good.
The top court had heard 16 petitions, including the lead petition filed by the Mumbai-based Property Owners' Association (POA) in 1992.
The POA has opposed Chapter VIII-A of the Maharashtra Housing and Area Development Authority (MHADA) Act. Inserted in 1986, the chapter empowers State authorities to acquire cessed buildings and the land on which those are built if 70 per cent of the occupants make such a request for restoration purposes.
The MHADA Act was enacted in pursuance of Article 39(b), which is part of the Directive Principles of State Policy and makes it obligatory for the State to create a policy towards securing "that the ownership and control of the material resources of the community are so distributed as best to subserve the common good".
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Pal to visit Hubballi & Vijayapura to interact with farmers affected by Waqf Board action: BJP MP
Bengaluru (PTI): BJP MP Tejasvi Surya on Tuesday said the Chairperson of Joint Parliamentary Committee on Waqf (Amendment) Bill 2024 Jagdambika Pal will visit Hubballi and Vijayapura in Karnataka on November 7 to interact with farmers allegedly affected by Waqf Board's "predatory action".
The response came days after Surya had requested Pal to invite farmers from Vijayapura district as witnesses to discuss their land disputes with the Waqf Board.
"Chairman of JPC on Waqf has kindly consented to my request to visit Hubli (Hubballi) and Bijapur (Vijayapura) on 7th November to interact with farmers affected by the Waqf’s predatory action. Chairman will interact with farmer organisations, Mutts and petitions given to him will be placed before JPC," the Bengaluru South MP, who is a member of the Committee, said.
In a October 29 letter, Surya highlighted about his recent meeting with a delegation of farmers from Vijayapura district and other areas in the vicinity and had requested Pal to visit the affected regions in Karnataka to receive complaints and grievances and also have a public hearing with the farmers adversely impacted by the Waqf Board's action.
"These farmers, who have cultivated their lands for nearly a century, maintain records dating back to the 1920s and 1930s. In recent months, however, many of them have been served notices declaring their lands as Waqf property, without any accompanying evidence or explanation. The scale of these claims is substantial, with nearly 1,500 acres being designated as Waqf property in their village alone," he alleged in his letter to Pal.
According to him, the farmers claimed that apart from being served notices, changes have been made in the RTC (Record of Rights, Tenancy and Crops), 'pahani' and mutation registers for some of the land parcels without following the due process of law.
Following allegations by a section of farmers from Vijayapura district that their lands were marked as Waqf properties, Karnataka Chief Minister Sidddaramaiah has said that none of them will be evicted, and notices issued to them will be withdrawn.
