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PETITIONER: RAJA SURIYA PAL SINGH
Vs.
RESPONDENT: THE STATE OF U.P. AND ANOTHER(AND OTHER CASES)
DATE OF JUDGMENT: 27/05/1952
BENCH: GUPTA, A.C. BENCH: GUPTA, A.C. BEG, M. HAMEEDULLAH CHANDRACHUD, Y.V.
CITATION: 1975 AIR 1083
ACT: Uttar Pradesh Zamindari Abolition and Land Reforms Act (I of 1951)--Law for abolition of zamindaries and intermedi- ate tenures--Validity--Provision for compensation and public purpose --Necessity of--Right of eminent domain--Jurisdic- tion of Court to enquire into validity of Act--Constitution of India, 1950-Constitution (First Amendment) Act. 1951, Arts 31, 31-A, 31-B, 362; Sch. VII, List II, entries 18, 36, List III, entry 42’Delegation of legislative powers--Fraud on the Constitution--Spirit of the Constitution--Meanings of "public purpose", "law", "legislature"-Compulsory acquisi- tion of Crown grants, charities and private property of Rulers under covenant of merger----Legality.
HEADNOTE: Held by the Full Court (PATANJALI SASTRI C.J., MAHAJAN, MUKHERJEA, DAS and CHANDRASEKHARA AIYAR JJ.).--The Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, is valid in its entirety. The jurisdiction of the court to question its validity on the ground that it does not provide for payment of compensation is barred by arts. 31(4), 31-A and 31-B of the Constitution. The said Act is not a fraud on the Constitution; it does not delegate e...