Constitution's 44th Amendment Act, 1978 , it was resurrected
under Article 300A as constitutional right. The, law must meet the test of
Articles ... violating Article 14
and unfair procedure offends Article 21 of the Constitution. The
acquisition under Section 69A(1) is in violation of Article 300A
Acquisition Act), is
protected by Article 31C of the
Constitution?
3. Whether the true interpretation of
Article 300A of the Constitution, the
said ... Article 31(1) , hence, all the judicial
pronouncements rendered by this Court on Article
31(1) would equally apply when we interpret Article
300A. Learned
wherein also the issue of scope and extent of right under
Article 300A of the Constitution of India was one of the
issues
Rajendra Nagar Adarsh Grah Nirman ... vs State Of Rajasthan & Ors on 1 July, 2013
Constitution's 44th Amendment Act, 1978 , it was resurrected
under Article 300A as constitutional right. The, law must meet the test of
Articles ... violating Article 14
and unfair procedure offends Article 21 of the Constitution. The
acquisition under Section 69A(1) is in violation of Article 300A
sufficient for a valid
acquisition. Interpreting “authority of law” in Article 300A of the
Constitution, we have held that a minimum content of a
constitutional ... Section 352 read with Section 363 is illegal and
violative of Article 300A of the Constitution. In support of their
submissions, they relied
three counts, namely, violation of
Article 14 , violation of Article 19(1)(g) and violation of
Article 300A , but at the time of hearing ... challenge in
relation to violation of Article 300A was not pressed and,
therefore, the High Court considered the challenge, so far
as it relates
violative of Articles 14 , 19(1)(a) , 19(1)(c)
and 300A of the Constitution.
Factual backdrop:
In the year 1943, the Indian Council ... property without any authority of law
which is violative of Article 300A of the Constitution of India. The
impugned Ordinance and the Act are malicious
principle
contained in Article 39(b) and hence even if there is any
infraction of Article 14 it is cured by Article 31C which ... even if it infringed Article 31. Let
us assume that the action of acquiring private properties
should satisfy now Article 300A also because the proceedings
receive pension, which is recognised as a
constitutional right under Article 300A of the Constitution.
1
(2013) 12 SCC 210
3
6. The State ... authority of law, which is the Constitutional mandate enshrined in
Article 300A of the Constitution. It follows that attempt of the
12
Appellant to take