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PETITIONER: THE STATE OF UTTAR PRADESHAND OTHERS
Vs.
RESPONDENT: H. H. MAHARAJA BRIJENDRA SINGH.
DATE OF JUDGMENT: 26/08/1960
BENCH: KAPUR, J.L. BENCH: KAPUR, J.L. DAS, S.K. SUBBARAO, K. HIDAYATULLAH, M. AYYANGAR, N. RAJAGOPALA
CITATION: 1961 AIR 14 1961 SCR (1) 363 CITATOR INFO : RF 1972 SC 425 (20) R 1984 SC1178 (13,15,16)
ACT: Land Acquisition-Statute contravening Provisions of Govern- ment of India Act-Subsequent inclusion in Ninth Schedule of Constitution-Constitutionality of--U. P. Land Acquisition (Rehabilitation of Refugees) Act, 1948 (U. P. XXVI of 1948), s. 11-Constitution India, Art. 31-B and Ninth Schedule-Constitution (Fourth Amendment) Act, 1955, s. 5.
HEADNOTE: The property of the respondent was acquired under the U. P. Land Acquisition (Rehabilitation of Refugees) Act, 1948. The respondent challenged the constitutionality of the Act by way of a writ petition and though the High Court dismissed the petition it held that the two provisos to s.11 of the Act were invalid as they offended S. 299(2) of the Government of India Act. Subsequently the Constitution (Fourth Amendment) Act, 1955, included the U. P. Act in the Ninth Schedule as item NO. 15. The appellant contended that the inclusion of the Act in the Ninth Schedule protected it under Art. 31-B of the Constitution from any challenge under s. 299(2) of ...