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.
---------------------------------------------------------------------------------------------------------------------
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
No comments:
Post a Comment