News India Live, Digital Desk: If you have your land, house or any other private property, then this news is very important for you. The Supreme Court has recently pronounced a very big and important decision on the property and the government to take over (acquisition) (acquire) (acquire). This decision remains a topic of discussion among property owners across the country.
In this decision, the court has made it clear when and on which conditions the government can capture someone’s personal property and when not. The court has also explained many rules, clarifying our rights related to property (Govt Rights on Private Property). Come, let’s understand this important decision of the Supreme Court in easy language.
A bench of 9 judges deep hearing:
This is not a small decision. A very large bench of the entire 9 judges, including the former Chief Justice (CJI) of the country (CJI), was discussed by a very large bench of the entire 9 judges, including the former Chief Justice (CJI) of the country, and then pronounced his decision on private assets.
This bench has given this decision by a majority of 8–1 (ie 8 out of 9 judges). Former Chief Justice D.Y. Justice Sudhanshu Dhulia and Justice B. Experienced judges like V. Nagratna were also involved. The court has clearly stated that the government cannot acquire all kinds of private property for Property whenever you want.
Why is this attitude different from the old decision?
About 54 years ago, Justice Krishna Iyer gave a verdict in a case, saying that any private property (Property News) can be considered as the property of the community and the government can take it under its own if needed.
But now the Supreme Court has disagreed with this old thinking. The court argues that 54 years ago the country’s economy and its goals were different. Today India is a developing country and the purpose of our economy is to deal with today’s challenges, not to remain stuck on any one old economic thinking.
What did former Chief Justice say?
Former CJI D.Y. Chandrachud reported that the case includes a total of three types of decisions – one is his decision with a majority decision of him and 6 other judges, the other is a slightly different decision of Justice Nagratna, and the third Justice Dhulia’s complete disagreement. This shows how deeply this issue has been considered. Let us tell you that on the question of government possession on private property, the Supreme Court has given this decision simultaneously on a total of 16 different petitions.
What was the matter of Maharashtra law?
These 16 petitions also included the petition of some Mumbai Property Case. The case was related to the changes made by the Government of Maharashtra in 1986 in a Property Acquisition Law. This change had given the right to the government to take any old or dilapidated private building in the name of repair or safety in its Property Encroachment. Property owners challenged this change in the Supreme Court, calling this change discriminatory.
This decision of the Supreme Court has further strengthened the right to personal property and has made it clear that the powers of the government are not unlimited.
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