Breaking Supreme Court Legal Update
New Delhi · Friday, 31 July 2026 9888666310 | [email protected]
Free Law — free judgments and free headnotes Free Lawby De Jure
Supreme Court of India 2024-11-05 other

Property Owners Association & Ors vs State of Maharashtra & Ors

Bench: CB — Dr Dhananjaya Y Chandrachud, Hrishikesh Roy, J B Pardiwala, Manoj Misra, Rajesh Bindal, Satish Chandra Sharma, Augustine George Masih

In Brief

The Supreme Court in a 7-judge majority ruled that Article 31C survives in its unamended form (as upheld in Kesavananda Bharati) following Minerva Mills' invalidation of the Forty-Second Amendment, since the original text is revived when substitution amendments are struck down. On Article 39(b), while privately owned resources may theoretically be "material resources of the community," not all private property automatically qualifies. The Court rejected the expansive Krishna Iyer interpretation followed in Sanjeev Coke. Qualification requires context-specific analysis considering resource nature, community impact, scarcity, and concentration risks. "Distribution" has broad meaning including state acquisition/nationalization, provided it subserves common good. The decision limits state power to acquire private property under Article 39(b) while respecting property rights under Article 300A.

The lawyer headnote and full judgment text are available to registered users.

Constitutional Law Fundamental Rights Directive Principles of State Policy Property Rights Article 31C Article 39(b) Judicial Precedent Basic Structure Doctrine Economic Justice Public Trust Doctrine

Read the full judgment & headnote. It's free.

Register to read the complete Supreme Court judgment text and the headnote, and to search 1 lakh+ Supreme Court judgments by meaning. It is a free service.

Register Free Login