RUMA PAL, B.N.KIRPAL, M.B.SHAH, S.S.M.QUADRI, K.G.BALAKRISHNAN
Property Owners Association – Appellant
Versus
State Of Maharashtra – Respondent
ORDER
In these cases the main challenge is to the constitutional validity of Chapter—VIIIA which was inserted in 1986 in the Maharashtra Housing and Area Development Act, 1976 which, inter alia, provided for the acquisition of certain properties on payment of hundred times the monthly rent for the premises. By the said amendment, Section-1A was also inserted in that Act and it contains a declaration that the Act is for giving effect to the policy of the State towards securing the principles specified in Clause (b) of Article 39 of the Constitution of India. In view of Article 31C of the Constitution, the contention of the State was that the validity of any part of the statute on the ground that it violated Article 14 or 19 of the Constitution, was not permissible.
2. The case was heard by a Bench of Three Judges. At that time on behalf of the appellants a contention was sought to be raised, inter alia, to the effect that Article 31C did not survive because of the events subsequent to the decision in Keshavananda Bharati’s case1. It was also submitted before that Bench that the doctrine of revival, as it applied to ordinary statutes, did not apply to the Constitutional Amen
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