( 1 ) THESE are applns. under Article 226 of the Constitution challenging the constitutionality of an act known as the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (U. P. Act No. I of 1951 ).

( 2 ) ON 8-8-1946, 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 Govt. 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 7-7-1949. After some amendment it was passed by the State legislature on 16-1-1951, and it received the assent of the President on 24-1-1951.

( 4 ) ALTHOUGH the Preamble to the Act declares that-

"whereas it is expedient to provide for the abolition of the zamindari system which involves intermediaries between the tiller of the soil and the State in the Uttar Pradesh and for the acquisition of their rights, title and interest and to reform the law relating to land tenure consequent on such abolition and acquisition and to made provision for other matters connected therewith," Section 4 makes it clear that the scope of the Act extends beyond the abolition of the zamindari system consd. merely as a social organisation based on the existence of a class of persons in receipt of rents, for Sub-section (1) of that section provides that, as from such date as the State Govt. may by notfn. declare all estates situated in the Uttar Pradesh shall vest in the State free from all encumbrances. "estate" is defined in Section 3 (8) as meaning "the area included under one entry in any of the registers prepared and maintained under Clause (a), (b), (c) or (d) of Section 32 united Provinces Land Revenue Act, 1901, or in the registers maintained under Clause (e) of the said section in so far as it relates to a permanent tenure-holder and includes share in or of an estate. "

( 5 ) SECTION 6 then enacts that, subject to certain very minor exceptions, upon the publication of a notfn. Under Section 4 the rights, title and interest of all intermediaries in every estate in the area refd. to in the notfn. , and in all sub-soil in such estates including rights, if any, in mines and minerals, shall cease and shall be vested in the State of Uttar Pradesh free from all encumbrances. The expression "intermediary" is defined in Section 3 (12) as meaning with reference to any estate," "a proprietor, under-proprietor, sab-proprietor, thekadar, permanent lessee in Avadh, and permanent tenure-holder of such estate or part thereof. "

( 6 ) THE intermediaries whose rights, title and interest are thus acquired become entitled to receive compensation at eight times the net assets mentioned in the Compensation Assessment Roll prepared in accordance with the provisions of the Act. The Act further provides that the State govt. shall pay to every intermediary other than a thekadar, whoso estate or estates have been acquired under the Act, a Rehabilitation Grant on a graduated scale provided that the land revenue payable by such an intermediary does not exceed Rs. 10,000. The scale at which rehabilitation Grant is paid is given in Schedule I. Save in the case of wakfs, trusts and endowments which are wholly for religious or charitable purposes, the highest multiple is for the class paying land revenue up to Rs. 25, the multiple being twenty, while the lowest is for the class paying land revenue exceeding Rs. 5000 but not exceeding Rs. 10,000 when the multiple is 1.

( 7 ) PART I of the Act includes provisions for the vesting of all estates in the State, for the assessment of compensation, the payment of compensation to all