RAJA SURIYA PAL SINGH Vs. STATE OF U.P.
LAWS(SC)-1952-5-17
SUPREME COURT OF INDIA
Decided on May 02,1952

Raja Suriya Pal Singh Appellant
VERSUS
The State of U.P. And Anr. Respondents

JUDGEMENT

Mahajan, J. - (1.) THESE appeals under article 132(1) of the Constitution concern the constitutionality of an Act known as the Uttar Pradesh Zamindari Abolition and land Reforms Act (U. P. Act I of 1951), and can be conveniently disposed of by one judgment.
(2.) THE appellants in most of them are owners and proprietors of extensive landed properties in the State of Uttar Pradesh. Some of them are holders of estates in Oudh under taluqdari sanads granted to their ancestors by the British Government. H. H. Maharaja Paramjit Singh of Kapurthala, appellant in Appeal No. 285 of 1951, is the holder of an estate in Oudh, the full ownership, use and enjoyment of which was guaranteed to him by the Government of India under article XII of the Pepsu Covenant of Merger. Appeals Nos. 291 to 295 of 1951 have been preferred by religious institutions holding endowed properties. On 8th August, 1946, the United Provinces Legislative Assembly passed the following resolution : - "This Assembly accepts the principle of the abolition of the zamindari system in this Province which involves intermediaries between the cultivator and the State and resolves that the rights of such intermediaries should be acquired on payment of equitable compensation and that Government should appoint a committee to prepare a scheme for this purpose."
(3.) A committee was appointed to give effect to the resolution and to prepare the necessary scheme. It made its report in July, 1948. A Bill was introduced in the United Provinces Legislative Assembly on the 7th July, 1949, was referred to a Select Committee which made its report on 9th January, 1950, and was read before the Assembly for the first time on 17th January, 1950. On the 21st January, 1950, the Assembly was prorogued. It reassembled on the 2nd February, the Bill was reintroduced on the 7th February, 1950, and was read for the second time on 28th July, 1950, and for the third time on 4th August, 1950. On 6th September, 1950, it came before the Legislative Council and the Council passed it with certain amendments on the 30th November, 1950. The Legislative Assembly was prorogued on the 13th October, 1959, and in view of the amendments made in the Legislative Council, the Bill was reintroduced in the Legislative Assembly on 26th December, 1950, and was passed in its amended from on 10th January, 1951. It was subsequently passed by the Legislative Council and after having received the assent of the President came into force on or about the 25th January, 1951.;


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