ARTICLE 39(b): PRIVATE PROPERTIES AS MATERIAL RESOURCE

by | May 2, 2024

ASPECTS DETAILS
Case Title Property Owners Association vs. State of Maharashtra
Introduction The case concerns the interpretation of Article 39(b) of the Indian Constitution.
Factual Background The Maharashtra Housing and Area Development Act, 1976, was amended in 1986.
Legal Issues Whether private resources form part of the ‘material resource of the community’ under Article 39(b).
Applicable Law Article 39(b) of the Indian Constitution.
Analysis The arguments revolved around the interpretation of ‘material resource’ and the interrelation between Articles 31C and 39(b).
Conclusion The Supreme Court reserved its judgment after a five-day hearing.
Current Scenario The judgment is awaited.

CASE SUMMARY –  The case involves the interpretation of Article 39(b) of the Indian Constitution regarding whether private resources are part of the ‘material resource of the community’. The Maharashtra Housing and Area Development Act, 1976, amended in 1986, is central to the case. The arguments focused on the broad interpretation of ‘material resource’ and the relationship between Articles 31C and 39(b). The Supreme Court, comprising a nine-judge bench, reserved its judgment after a five-day hearing.

SOURCE – SUPREME COURT OF INDIA

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Written By Nancy Sharma

I am Nancy Mahavir Sharma, a passionate legal writer and , a judicial service aspirant who is interested in legal researching and writing. I have completed Latin Legum Magister degree. I have been writing from past few years and I am excited to share my legal thoughts and opinions here. I believe that everyone has the potential to make a difference.

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