ORDER

One of the main questions for decision in these matters pertains to the constitutional validity of Chapter VIII-A inserted in 1986 in the Maharashtra Housing and Area Development Act, 1976 (hereinafter referred to as "the MHADA Act") providing for the acquisition of certian properties on payment of hundred times the monthly rent for the premises. These properties are mainly the buildings which were first let out prior to the year 1940 on monthly rent which, the owners claim, is a measly amount for the current value of the property in Bombay and the present value of the rupee. Section 1A was also inserted in the MHADA Act in 1986 and it contains a declaration that this Act is for giving effect to the policy of the State towards securing the principle specified in clause (b) of Article 39 of the Constitution of India. Article 31C of the Constitution is, therefore, attracted for excluding the attack to the validity of the enactment on the grounds of Article 14 or Article 19 of the Constitution.

2. In order to circumvent the effect of Article 31C of the Constitution, Shri F.S. Nariman, learned counsel for the petitioners contended inter alia that Article 31C does not survive b