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1982 DIGILAW 63 (ALL)

Tula Ram v. Gaon Samaj

1982-01-15

I.B.SINGH

body1982
JUDGMENT I.B. Singh, Member - This is a revision against order dated August 30, 1977 passed by learned Additional Commissioner, Jhansi Division, Jhansi, dismissing revision No. 50 of 1976-77/jalaun confirming order dated April 30, 1977 passed by Tahsildar Oral/Assistant Collector 1st Class, district Jalaun, in a proceeding under Section 122-B of Act I of 1951 ordering ejectment of the applicant from plot No. 455/2 area 0.17 acres and imposing Rs. 108/- as damages. 2. I have heard the learned counsel for the parties and have perused the record. 3. It was argued that the land has been ear-marked for Abadi purposes during consolidation operation but it had not vested under Act I of 1951 in the Gaon Sabha, therefore, the proceeding under Section 122-B of Act I of 1951 is not maintainable and is without jurisdiction. 4. It has been argued in reply that this point was not raised and pleaded before and has not been pleaded in the revision application and cannot be allowed to be raised; that the land ear-marked for public purposes vests in the State and Gaon Sabha. 5. Section 122-B(1) of Act I of 1951 runs as follows: - "122-B. Power of Land Management Committee and the Collector - (1) Where any property vested under the provisions of this Act, in a Gaon Sabha or a local authority, is damaged or misappropriated by any person, or where any land so vested in it, or any vacant land or any land, which it is entitled to take possession of under this Act, is occupied otherwise than in accordance with the provisions of this Act by any person, the Land Management Committee or the local authority, as case may be, shall take steps forthwith to recover compensation for damage to or misappropriation of the property and for the recovery of possession of the land together with damages caused by wrongful occupation." 6. The section empowers L.M.C. and the Collector etc. where any property vested under the provisions of this Act in Gaon Sabha or local authority, for taking action regarding ejectment and damages of trespasser over such land or damaging such property. The argument on behalf of the learned counsel for the applicant Sri Nazim Husain appears to be attractive. The section empowers L.M.C. and the Collector etc. where any property vested under the provisions of this Act in Gaon Sabha or local authority, for taking action regarding ejectment and damages of trespasser over such land or damaging such property. The argument on behalf of the learned counsel for the applicant Sri Nazim Husain appears to be attractive. He quoted Section 20 of Ordinance No. 3 of 1981 which empowers of land ear-marked for public purposes under C.H. Act for taking action under Section 122-B which is no doubt not retrospective. 7. The learned counsel for the applicant has forgotten Section 29-C of the U.P. C.H. Act which runs as follows: - "29-C. Vesting of land contributed for public purposes; - (1) The land contributed for public purposes under this Act shall with effect from the date on which the tenure-holders became entitled to enter into possession of the Chak allotted to them under the provisions of this Act as amended from time to time, vest and be always deemed to have vested in the Gaon Sabha and shall be utilised for the purposes for which it was ear-marked in the final consolidation scheme, or, in case of failure of that purpose, for such other purposes as may be prescribed. (2) The provisions of Section 117 of the U.P. Zamindari Abolition and Land Reforms Act, 1950, shall mutatis mutandis apply to such land as if the land had vested in t,he Gaon Sabha by virtue of declaration made by the State Government under sub-section (1) of that section, and as if the declaration were made subject to the conditions respecting utilization specified in sub-section (1) of this section." 8. Thus it is clear that three categories of land is contemplated by Section 122-B of Act I of 1951 for action being taken by L.M.C. or local authority and the Collector. They are: - (i) Any land vested in the Gaon Sabha or the local authorities under the provisions of the Act which includes land vested under Sections 117, 117-A and 119 of the Act. (ii) Any vacant land becoming vacant under the provisions of this Act. (iii) Any land which it is entitled to take possession under the provisions of this Act. Including land allotted to Gaon Sabha during consolidation operations will also be covered in view of the provisions of Section 29-C Consolidation of Holdings Act referred above. 9. (ii) Any vacant land becoming vacant under the provisions of this Act. (iii) Any land which it is entitled to take possession under the provisions of this Act. Including land allotted to Gaon Sabha during consolidation operations will also be covered in view of the provisions of Section 29-C Consolidation of Holdings Act referred above. 9. Thus it is clear that the disputed land had vested in the Gaon Sabha under this Act by virtue of Section 29-C of the U.P. C.H. Act and the proceeding under Section 122-B of Act I of 1951 regarding it is not without jurisdiction and is valid. 10. The proceeding was rightly not abated under Section 5(ii)(a) of the U.P. C.H. Act because the disputed land has been ear-marked for Abadi a public purpose covered under Section 132 of the Act and the consolidation authorities being not entitled to take action for ejecting the applicant a trespasser of land of public purpose earmarked by consolidation authorities. 11. This revision application has got no force and is liable to be rejected. 12. In view of the above, this revision, application is hereby rejected being without force and the orders passed by both the courts below are hereby confirmed. 13. Let the trial court's record be sent to it at once for necessary action.