The Supreme Court on Friday (20th Dec) addressed a plea alleging illegal construction near Uttarakhand’s Rajaji National Park, questioning its legitimacy. If violations are found, demolition may occur; otherwise, a penalty may be imposed. The court noted concerns about road construction breaching wildlife protection laws, emphasizing the need for compliance and accountability in environmental matters.
Justice Sudhanshu Dhulia, born on August 10, 1960, has had a distinguished legal career spanning over three decades. He was appointed to the Supreme Court of India on May 9, 2022, after serving as Chief Justice of the Gauhati High Court and has authored 81 judgments, contributing to legal excellence and public service. He will retire on August 9, 2025.
Justice Hrishikesh Roy, born on February 1, 1960, assumed office on September 23, 2019, and will retire on January 31, 2025. He has authored 70 judgments, focusing on diverse legal issues. A reformative judge, he has initiated significant legal programs and films to enhance mediation and support racial discrimination victims.
Today, On 5th November, The Supreme Court ruled that not all private properties qualify as community resources under Article 39(b) for State acquisition. Chief Justice D.Y. Chandrachud led the majority opinion, stating that properties must meet specific criteria. The court’s decision reflects differing judicial views on property rights and State authority, with three judgments delivered in total.
The Supreme Court of India is poised to make a pivotal ruling on whether private properties can be deemed “material resources of the community” under Article 39(b) of the Constitution. This decision, involving a nine-judge bench, may redefine state authority over private property and has far-reaching implications for property rights, potentially influencing the balance between state power and individual liberties in the context of public welfare.
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.”
