Property held in private hands cannot be outside state control: SC
Extract:
The Supreme Court's recent judgment highlighted that private property cannot be considered outside state control concerning sustainable development and intergenerational equity.
The court deliberated on this matter in a series of cases from Maharashtra. Furthermore, the bench agreed to broaden the scope of examination to determine if the MHADA Act would benefit from the safe harbour protection under Article 31C of the Constitution.
This crucial stance by the Supreme Court emphasizes the significance of state oversight in balancing private property rights with broader societal interests, especially in the context of sustainable development and equitable resource distribution within the state.
My Take:
Home for Ram………..27/02/2019
In my earlier blog post, I discussed the importance of negotiated solutions and emphasized the need for resolutions that don't result in winners or losers, particularly in sensitive matters like property rights.
The recent Supreme Court ruling aligns with this perspective by underscoring the essence of finding solutions that ensure no party is left at a disadvantage.
This reaffirms the idea that harmony and equitable outcomes should be the guiding principles in legal proceedings, echoing the court's call for a balance between private property rights and public interests.
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We Have Precedents……………..12/11/2019
Drawing from my past blog on fostering communal harmony, the current judgment by the Supreme Court sets a precedent for resolving disputes in a manner that upholds the public good over individual interests.
The call for state intervention to regulate private property in the interest of sustainable development resonates with the need for governmental action to promote harmony and collective well-being.
Implementing such decisions not only strengthens the legal framework but also paves the way for a more inclusive and equitable society, in line with the court's emphasis on maintaining a balance between private ownership and public welfare.
Call to Action:
To the policymakers and authorities involved in the interpretation and implementation of legal guidelines, I urge you to consider the Supreme Court's recent judgment as a guiding light for crafting laws that prioritize sustainable development and equitable resource distribution.
Embracing the notion that private property rights should not supersede the state's obligation to ensure intergenerational equity can lead to a more harmonious and just society.
Let's work towards fostering a legal framework that upholds both individual rights and collective well-being for a more balanced and prosperous future.
With regards,
Hemen Parekh
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