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1987 DIGILAW 1260 (ALL)

State of Uttar Pradesh v. Sukhbir

1987-12-24

S.K.LAKHTAKIA

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JUDGMENT S.K. Lakhtakia, Member - This is a reference made by Additional Commissioner Meerut dated June 22, 1982 through which it has been recommended that that order of the S.D.O. dated Dec. 9, 1977 permitting the exchange of the property of the Gaon Sabha with the land of opposite party Sukhbir and other be quashed. 2. Heard the learned counsel for both the parties. Perused the record. 3. It appears that opposite party Sukhbir applied for exchange of his 4 plots situated at different places with a compact area out of plot No. 668 belonging to Gaon Sabha. This exchange was permitted by the S.D.O. The state went up in revision against the order of exchange. The learned Additional Commissioner found that the order of exchange was illegal because the land of the Gaon Sabha sought to be received in exchange by Sukhbir was Abadi and was set apart for Abadi during the consolidation operation and as such it could not be given in exchange. 4. The learned D.G.C. (R.) has cited a ruling in Lalji and another v. Board of Revenue and others, 1971 R.D. 466 in which it has been clearly laid down that the provisions of Section 29-C of U.P.C.H. Act the land set apart for any public purpose cannot be a subject matter of exchange. 5. In view of the law laid down in the aforesaid ruling and the provisions of Section 117 of the U.P. Z.A. and L.R. Act I find that the land of public utility set apart for Abadi purposes cannot be given in exchange under Section 161 of the U.P.Z.A. and L.R. Act. In such circumstances the order passed by the learned S.D.O. was illegal and deserve to be quashed. The reference is, therefore, accepted and the revisions is allowed. The order passed by the S.D.O. dated December 9, 1977 is set aside.