Supreme Court of India · 1962-11-07
MAHENDRA LAL JAINI vs THE STATE OF UTTAR PRADESH AND OTHERS
- Citation / case number
- SC 1962/13
- Court
- Supreme Court of India
- Petitioner
- MAHENDRA LAL JAINI
- Respondent
- THE STATE OF UTTAR PRADESH AND OTHERS
- Bench
- SINHA, BHUVNESHWAR P.(CJ),GAJENDRAGADKAR, P.B.,WANCHOO, K.N.,GUPTA, K.C. DAS,SHAH, J.C.
Judgment text excerpt
The Supreme Court held that the U.P. Land Tenures (Regulation of Transfers) Act, 1952 was unconstitutional as it deprived the petitioner of property without compensation, violating Article 31 of the Constitution. The Court affirmed that the lease granted a present right to the petitioner, allowing him to maintain a writ petition under Article 32 despite the disputed nature of the right. The Court ruled that the Transfer Act constituted a law for compulsory acquisition, thus necessitating compensation, which was not provided.