PROPERTY OWNERS ASSOCIATION Vs. STATE OF MAHARASHTRA
SUPREME COURT OF INDIA
PROPERTY OWNERS ASSOCIATION
STATE OF MAHARASHTRA
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(1.)A Bench of five learned Judges has referred to a Bench of seven learned Judges these matters for the reason that it was of the opinion that the view expressed in the case of Sanjeev Coke Manufacturing Company v. Bharat Coking Coal Ltd. and Ann (1983 (1) SCC 147) required consideration.
(2.)Put shortly, the question is as to the interpretation of Article 39 (b) of the Constitution which speaks of the distribution for the public good of the ownership and control of the material resources of the community. In State of Karnataka v. Ranganatha scr 647 Reddy (1978 (1) SCR 641) , two judgments were delivered. In the judgment delivered by Krishna Iyer, J. , speaking for himself and two other Judges, the view was taken that material resources of the community covered all resources, natural and man-made, publicly and privately owned. The other judgment, delivered by Untwalia, J. , on behalf of himself and three other Judges, did not consider it necessary to express any opinion with regard to Article 39 (b) ; it was, however, made clear in this, the majority judgment that the learned Judges did not subscribe to the view taken in respect of Article 39 (b) by Krishna Iyer, J.
(3.)The view taken by Krishna Iyer, J. in the case of Ranganatha reddy was affirmed by a Constitution Bench in the case of Sanjeev Coke (aforementioned).
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