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1988 DIGILAW 1220 (ALL)

Sita Ram v. Bhaghwat Prasad

1988-12-29

M.M.GOPAL

body1988
JUDGMENT M. M. Gopal, Member. - This is a revision against the judgment dated 6-8-1984 of the learned Additional Commissioner, Jhansi Division, Jhansi by which he rejected the application filed under Section 6 of U.P. Urban Area Z.A. Act of 1956 (hereinafter stated the Act). 2. Heard the learned counsels at length and perused the relevant papers of the file. 3. The facts of this case are that in respect of the village concerned the Act came into force in the year 1957 and proceeding relevant under this Act started. On 11-10-1982 an application under Section 6 of the Act was filed by Sitaram and Satya Narayan against Bhagwat Narayan and Sitaram sons of Kanhaiya Lal. The applicants were the rent-free grantee of the entire area of Plot No. 50124 area 2.06 acres from this plot one acre falls in the Municipal Board and this was an agricultural land. On this area of 1 acre of Plot No. 50124-M. The name of opposite parties were recorded. It is alleged that their names were wrongly recorded over the plot and the applicants are the bhumidhars of the land in question and are recorded bhumidhars of remaining area of Plot No. 50128, hence their names should be recorded which is a clerical mistake. 4. Written statement was filed on 18-7-1983 by Bhagwan and others denying the rights of the applicant. It is alleged that they were only recorded in khewat and they had no right, the land was cultivated by the opposite party and his father and then by the opposite party, hence they acquired sirdari right over the portion of the land on the basis of possession. It is also alleged that as no objection was filed under Sections 3, 4 or 5 of the Act within time, hence no objection now can be filed under Section 6 of the Act which is beyond time. 5. It is also alleged that as no objection was filed under Sections 3, 4 or 5 of the Act within time, hence no objection now can be filed under Section 6 of the Act which is beyond time. 5. The learned Additional Commissioner has rejected the application, for correcting the entry in the revenue papers by his judgment dated 6-8-1984 he was discussed the points that the applicants are the rent-free grantee and they are entitled to be recorded as bhumidhar over the land in suit in accordance with the relevant provisions of the law but he has rejected the application on the ground that it was beyond time and under Section 4 (3) of the Act the objection should have been filed within 3 months when no objection has been filed within that period now the objection is beyond time, hence it was rejected. 6. Without entering into the merits in respect of other points I am dealing with this aspect of the case that the application is within time or not or such application can be entertained by the courts below or not. The learned Additional Commissioner has relied on the Ruling Sheo Shanker Lal v. Dhani Ram, 1969 ALJ page 31 but this judgment is not relevant to the present case. In that case the objection was filed to record the land as agricultural area. There is no doubt when the question is in respect of the nature of the land whether it is agricultural area or not, the objection must have been filed as provided under Section 4 of the Act. 7. Chapter II of the Act deals with the demarcation of the agricultural area. Section 3 of this chapter is in respect of area. It runs as follows : - " 3. Power to order demarcation of agricultural area . - (1) The State Government may, with a view to acquisition under the provisions of this Act of the rights, title and interest of intermediaries in urban areas direct by notification in the Official Gazette that the, agricultural areas situated in any such area be demarcated. Power to order demarcation of agricultural area . - (1) The State Government may, with a view to acquisition under the provisions of this Act of the rights, title and interest of intermediaries in urban areas direct by notification in the Official Gazette that the, agricultural areas situated in any such area be demarcated. (2) As soon as may be after the publication of the notification under sub-section (1), the Demarcation Officer shall make enquiries in the prescribed manner, and shall determine and demarcate agricultural areas within the urban areas." Section 4 of the Act deals with the publication and order in respect of objection thereon. It runs as follows : - "4. Publication of preliminary proposals and objections thereon. - (1) The Demarcation Officer shall, within three months or such extended period as the State Government may in any case fix, of the date of the notification under sub-section (1) of Section 3, submit his proposals with reasons. Therefore to the Commissioner who may make such modification therein as he may consider necessary. (2) After the Commissioner has considered the said proposals he shall publish a notice in the prescribed form in the Gazette and in such other manner as may be prescribed to the effect that the proposal as regards the demarcation of agricultural areas have been formulated and are open to inspection at the places to be specified in the said notice. (3) Any person or local authority interested may within three months of the date of publication of the notice under sub-section (2), file an objection on the proposals before such officer or authority and in such manner as may be prescribed." Section 5 of the Act deals with the finalisation of demarcation. It runs as follows:- "5. Final demarcation. - (1) After the expiry of the period of three months mentioned in sub-section (3), of Section 4 the Commissioner shall proceed to decide the objections in the manner prescribed and then finally demarcate the agricultural area. (2) After the Commissioner has finally demarcated the agricultural area under sub-section (1) he shall publish a notice in the Gazette and in such other manner as may be prescribed to the effect that the agricultural areas have been finally demarcated and their details are open to inspection at places to be specified in that notice. (2) After the Commissioner has finally demarcated the agricultural area under sub-section (1) he shall publish a notice in the Gazette and in such other manner as may be prescribed to the effect that the agricultural areas have been finally demarcated and their details are open to inspection at places to be specified in that notice. (3) An appeal shall lie to the Board against the order passed by the Commissioner under sub-section (1)." 8. Now it is clear that these 3 Sections of the Chapter deals with the demarcation of agricultural area, that means whether the land is agricultural or non-agricultural is to be finally decided within these three sections and objection should be filed within three months from the date of the publication. This provision has taken its final shape under Section 5 of the Act. Now Section 6 of the Act is in respect of the mistake in demarcation proceeding. It runs as follows : - "6. Correction of clerical or arithmetical mistakes in the demarcation proceeding. - Clerical or arithmetical mistakes in the proposals ai regards the demarcation of agricultural areas or in the details of the agricultural areas finally demarcated or in any order or proceeding under Sections 3, 4 and 5 or errors arising therein from any accidental omission may at any time be corrected by the Demarcation Officer or the Commissioner as the case may be either of its own motion or on the application of any person interested." It includes the objection in respect of the mistakes. The objection in respect of the details of the agricultural area finally demarcated. That means it is not only confined to the objections in respect of agricultural area or non-agricultural area but it also includes the objection in respect of the details of the agricultural area finally demarcated. Section 7 of the Act is about the revision of record of rights. It is as follows: - "7. That means it is not only confined to the objections in respect of agricultural area or non-agricultural area but it also includes the objection in respect of the details of the agricultural area finally demarcated. Section 7 of the Act is about the revision of record of rights. It is as follows: - "7. Revision of record of rights the State Government may, if it so considers necessary for the purpose of demarcation in the case of any Urban area by order direct that a record of rights be prepared or revised in respect of such area and thereupon the same shall be done as far as may be, in accordance with the provisions of the U.P. Land Revenue Act, 1901." Thus the record of rights is also to be prepared or revised if the Government so considers necessary. That means Section 6 is in relation to the mistake in respect of details of the agricultural areas and the objection in respect of such details can be filed. 9. I, therefore, hold that there is no limitation prescribed under Section 6 of the Act for filing the objection. The limitation prescribed under Section 4 (3) of the Act is in respect of the objection for demarcating agricultural or non-agricultural area. It has got no concern with the objection filed under Section 6. Objections can be filed under Section 6 for correcting the mistakes : - I. In the proposal as regards the demarcation of agricultural area, or II. In the details of the agricultural area finally demarcated, or III. In any order or proceeding under Sections 3, 4 and 5 or error arising therein from any accidental omission. Hence the objection can be filed in respect of these points under Section 6. There is no limitation prescribed under Section 6. The mistake can be corrected at any time. 10. I, therefore, hold that the Additional Commissioner has committed an illegality apparent on the face of it and has wrongly exercised the jurisdiction vested in him. Without entering into the merits on other points of the case I, therefore allow the revision, set aside the judgment dated 6-8-1984 of the learned Additional Commissioner and remand the case to the Additional Commissioner for deciding the matter in accordance with law on the basis of the observations made above. Under the circumstances of the case parties shall bear their own costs.