Today (1st May): The Supreme Court’s nine-judge bench reserved its verdict on whether private properties can be considered community resources under Article 39(b) of the Constitution. The case involves a challenge against Chapter VIII-A of the Maharashtra Housing and Area Development Authority (MHADA) Act, centered on the state’s power to acquire buildings for restoration. This ongoing case involves 16 petitions and has been a subject of deliberation since 1992.
The Supreme Court Yesterday (April 25th) made it clear that it is “subservient” to the historic 13-judge bench verdict in the Kesavananda Bharati case which upheld a part of Article 31C of the Constitution meant to save laws if they are enacted to subserve “common good” by taking over material resources including private assets.
A nine-judge Constitution Bench of the Supreme Court continued to hear the case on April 24th to decide whether “material resources of the community” under Article 39(b) included private property. Yesterday, in a surprising turn of events, the Bench observed that “31C has to be decided.”
