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Public welfare versus private property rights
Hindustan Times
|November 08, 2024
The Supreme Court judgment on the State's power Tto to acquire privately owned resources for public distribution clarifies the government's eminent domain powers while ensuring a balanced approach between private property rights and collective welfare.
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In an 8-1 majority, the top court held that while the State may acquire private resources for public good, not all privately owned assets automatically qualify for such acquisition. By limiting the State's acquisition power to resources that meet certain criteria-scarcity, public impact, and necessity for community welfare-the Court has set down a clear framework to avoid arbitrary confiscation of private assets.
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