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Showing contexts for: 44th amendment in Maharao Sahib Shri Bhim Singhji Ors. vs Union Of India (Uoi) And Ors. on 13 November, 1980Matching Fragments
10. The taking over of large conglomerations of vacant land is a national necessity if Article 39 is a constitutional reality, "Law can never be higher than the economic order and the cultural development of society brought to pass by that economic order." (Marx). Therefore, if Article 38 of the Constitution which speaks of a social order informed by economic justice, is to materialise, law must respond effectively and rise to the need :; of the transformation envisioned by the founding fathers. But it is contended that any legislation which violates Article 31(2) or Article 19(1)(f) (both of them have since been deleted by the 44th Amendment to the Constitution although on the relevant date they were part of Part III) must fail notwithstanding the fact that Articles 31B and 31C shield the legislation in question. It is said that the Act is vulnerable for the reason that right to property armoured by the above two Articles is inviolable unless the taking is for a public purpose in contrast to a private industry and the payment in return, even if not an equivalent, is to be fair enough so as not to be castigated as illusory. The various amendments to Article 31 culminating in the present provision which pro-vides for the payment of an "amount" disclose a determined approach by parliament in exercise of its constituent power to ensure that full compensation or even fair compensation cannot be claimed as a fundamental right by the private owner and that short of paying a 'farthing for a fortune' the question of compensation is out of bounds for the court to investigate.