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1987 DIGILAW 491 (ALL)

Lakhmir Singh v. Rohtash

1987-04-22

P.SINGH

body1987
JUDGMENT P. Singh, Member. - This recommendation has been made by the learned Additional Commissioner, Meerut, vide his order dated 16-7-86 for setting aside the trial court's order dated 4-4-80. 2. I have heard the learned counsels for the parties, and have perused the record. 3. It appears that the revisionists have put up their case on the ground that the allotment was made on 4-4-80 and approval of the Sub-Divisional Officer was obtained on 17-4-80, that the notices were ordered to be issued on 14-9-84, and that in view of the provisions contained in Section 198 (6), the show cause notices could have been issued upto 9-10-82 and, hence, these proceedings were time barred. 4. I find that the learned Additional Commissioner failed to notice the provisions contained in sub-clause (i) of clause 11 of the U.P. Land Laws (Amendment) Act No. 24 of 1986, by which the period for issuance of show cause notices has been extended upto 10th November, 1987 in respect of leases granted prior to 10th November 1980. This amending provision in regard to limitation reads as follows : - " II. Amendment of Section 198 . - In Section 198 of the Principal Act, in sub-section (6), - (i) in clause (a), for the words "two years" the words "seven years" shall be substituted and be deemed always to have been substituted ; (ii) in clause (b), for the words "five years from the date of such allotment or lease", the words "five years from the date of such allotment or lease or upto November 10, 1987, whichever be later" shall be substituted and be deemed always to have been substituted." 5. As such the instant proceedings were not time-barred. Consequently the recommendation made by the learned Additional Commissioner is not accepted, and the matter is sent back to him for deciding it on merits. Parties will appear there on July 15, 1987.