ORDER :

1. We have heard Mr. F.S. Nariman, the learned senior counsel for the petitioners, at length. It has been brought to our notice that in another case entitled Property Owners' Association and Another vs. State of Maharashtra SLP (C) No. 5302/1992 this Court in the order reported as 1996 (4) SCC 49 has referred that case to a Constitution Bench. In that case the constitutional validity of Maharashtra Housing and Area Development Act, 1976 was challenged and one of the contentions which was sought to be raised, which was the reason for the reference to the Constitution Bench, was whether Article 31C survived or not in view of the decision of this Court in Keshwanand Bharathi 1973 (4) SCC 225. The present case relates to the validity of that part of the Maharashtra Rent Control Act, 1999 insofar as it relates to the fixation of the standard rent specially in relation to the premises prior to 1.10.1987.

2. In the present case also the respondents have sought to rely on the provisions of Article 31C so as to contend that no part of this Act can be impugned. In view of this stand Mr. Nariman states that he will have to contend on behalf of the petitioners that Article 31-C does not