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1954 Supreme(All) 41

MOOTHAM, M.L.CHATURVEDI
H. P. Khandewal – Appellant
Versus
State of U. P. – Respondent


Advocates:
A.K. Kirty, for Petitioners; Standing Counsel, for Opposite Parties.

Judgement

MOOTHAM, J.:-

These are six petitions under Art.226 of the Constitution in which common questions of law arise and which can conveniently be dealt with in a single judgment. The petitioners challenge the validity of certain sections of the U.P. Land Acquisition (Rehabilitation of Refugees) Act, 1948 (U.P. Act 26 of 1948).

2. That Act came into force on 5-6-1948. The purpose of the Act, as stated in the preamble is to enable land to be acquired for the rehabilitation of refugees from Pakistan and to prescribe an expeditious procedure for the determination of the compensation to be paid on account of such acquisition. The Act in fact makes provision both for the requisition and acquisition of land, but it is only with the latter that we are concerned in these petitions. Section 5 of the Act provides that a "builder" (as defined in the Act) may ask the State Government to acquire specified land for the purpose of erecting buildings, shops and workshops for the rehabilitation of refugees and for the provision of amenities connected therewith. Section 6 provides that if the State Government is then satisfied, after such enquiries as it may consider necessary, that the land is nee












































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