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1951 Supreme(All) 105

SAPRU, C.B.AGARWALA
GOVINDI – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
P.M.VARMA

C. B. AGARWALA, J.

( 1 ) THIS is one out of numerous writ applications filed in this Court questioning the validity of the u. P. Zamindari Abolition and Land Reforms Act, No. 1 of 1951, hereinafter referred to as "the act" or "the impugned Act". The validity of the Act has been upheld in a recent decision of a full Bench of this Court, vide suryapal Singh v. Government of the State of Uttar Pradesh, 1951 a. L. J. 365.

( 2 ) SRI Prem Mohan Verma, learned counsel for the applicant, however, urges that there are several points that arise in the case which were not argued before the Pull Bench and hence were not dealt with by that Bench, He contends that the Act is invalid for several reasons.

( 3 ) THE first ground argued is that apart from the provisions of Article 31 (2), the State Legislature was incompetent to legislate with regard to the acquisition of the property of the intermediaries on condition of payment of compensation by means of bonds. It is urged that the condition of payment of compensation by bonds is no payment of compensation at all, inasmuch as a bond is merely a promise to pay in future and is not equivalent to payment in cash. It is further urged that the State L




















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