effect to Article 39(b) & (c).
(c) Although after the 44th Amendment to the
Constitution in 1978, the Right to Property is no longer ... which argued case of the Petitioners
does not fit.
(d) After 44th Amendment to the Constitution, the
Right to Property is no longer a Fundamental
that is positive or state-
made law.
23. The Constitution 44th Amendment Act, 1978 , changed the
"right to property" of its fundamental right
property guaranteed
under Article 19(1)(f) no longer avails, after 44th
Amendment of 1978 hardly needs to be stated that the
Right to Property
although it came to be relegated to be non-fundamental
vide 44th Amendment, continues to be a Constitutional right
enshrined under Article
relegated to as a diminished constitutional
guarantee u/a 300A vide 44th Amendment, as has been
discussed in M/S K.T. PLANTATION
Right to property though, no longer
a Fundamental Right after the 44th Amendment to our
Constitution, it is nevertheless guaranteed under Article
300A as discussed
relegated to only a constitutional guarantee vide
under Article 300A post 44th Amendment. This aspect of
the matter has been elaborately discussed by the Apex
though right to property is
no longer a Fundamental Right post 44th Amendment -
1978, it continues to be a Constitutional Right under
longer a
Fundamental Right u/a 19(1)(f) post 44th Amendment.
(c) The vehement contention of learned Panel
Counsel for the respondents that once
must. Right to property is no
longer a Fundamental Right after 44th Amendment to the
Constitution, is true. However, the said right continues
