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Allahabad High Court · body

2003 DIGILAW 1326 (ALL)

Shi Baran v. State of UTTAR PRADESH

2003-05-23

YATINDRA SINGH

body2003
( 1 ) THE only question involved in these writ petitions is, whether consolidation proceedings under UP Consolidation of Holdings Act, 1950 (the Consolidation Act) can go on over an area which is declared to be a development area under UP Urban Planning and Development Act, 1973 (the UPD Act ). ( 2 ) SECTION 3 (see below) of the UPD Act states when an area can be declared as a development area. The state government can declare an area as a development area by publishing a notification in the gazette that the area is required to be developed. The State Government has issued a notification No. 3779/xxxvii- 2-4 (DD)- 72, dated 19. 8. 1974, (published in UP Gazette, Extra dated 20. 8. 1974) under section 3 of the UPD Act declaring area within Allahabad Nagar Mahapalika and area within a distance of 8 Kms on all sides beyond the Nagar Mahapalika limits (excluding cantonment areas) to be a development area. In these writs the impugned notification under section 4 (2) of the Consolidation Act is in respect of villages that are situate in pargana Jhusi, Tehsil Phulpur, district Allahabad. These villages are within 8 Kms from Allahabad Nagar Mahapalika limits and are within the development area as defined under the UPD Act. They are also included in the master plan. ( 3 ) SECTIONS 3 (2), 3 (2a), (4-C) and 3 (11) of the Consolidation Act refer to Consolidation, Consolidation area, Holding, Land and Tenure holder. Land means land held or occupied for purposes, connected agriculture etc. Tenure holder among the others include a bhumidhar with transferable or with non transferable rights and an Asami. Holding means land held by a tenure holder. Consolidation area means land in respect which notification under section 4 of the Consolidation Act has been issued, except to those areas where UP Zamindari Abolition and Land Reforms Act, 1950 (the ZA Act) does not apply. Consolidation is defined as rearrangement of holding of a tenure holder into compact area, except for the land mentioned in the explanation to section 3 (2) of the Consolidation Act. ( 4 ) SECTION 1 (2) of the ZA Act states that it extends to the entire State except to the areas included in a Municipality or a notified area on 7th of July, 1949. ( 4 ) SECTION 1 (2) of the ZA Act states that it extends to the entire State except to the areas included in a Municipality or a notified area on 7th of July, 1949. The villages involved in the writ petitions were neither included in any municipality nor notified or town area on 7. 7. 1949. They are not within any such area municipality even today. The ZA Act applies to the villages in questions. The petitioners or residents of these villages are tenure holders. The land is not covered by the explanation mentioned in section 3 (2) of the Consolidation Act. There is nothing in the ZA Act or the Consolidation Act that Consolidation operations can not go in respect of these villages. ( 5 ) COUNSEL for the petitioner referred to sections 8 and 9 of the UPD Act (see below) and submitted that consolidation can not go on in an area included in the master plan. ( 6 ) SECTIONS 8 and 9 are headed as Civil Survey of, and master plan for the development area and Zonal Development plans. The master plan is to serve as basic pattern of frame work within which the zonal development plans of the various zone are to be prepared. The Zonal development plan contains a site-plan and reservation of sites for roads and for construction sites. There is no specific bar in these sections that consolidation operations can not go on in the development area. However, the counsel for the petitioner submitted that there is implied bar as the area is marked for construction activity and consolidation is for purposes of agriculture. ( 7 ) THE Allahabad Development Authority, Allahabad (ADA) has filed a counter affidavit along with the master plan. The area of these villages has been shown to be agricultural/green belt in the master plan. This fact has not been denied in the rejoinder affidavit. The use of these area in the master plan is agriculture. There is no conflict in use of the land under the master plan and the purpose of the Consolidation Act. There is no conflict between the two: It can not be said that there is any implied prohibition to carry on consolidation operation in these villages. ( 8 ) THESE writ petitions have no merit and are dismissed. The interim orders are vacated. There is no conflict between the two: It can not be said that there is any implied prohibition to carry on consolidation operation in these villages. ( 8 ) THESE writ petitions have no merit and are dismissed. The interim orders are vacated. The respondents may complete consolidation and hand over possession to the parties in accordance with law. Date: 23. 5. 2003 SKS Let a copy of this judgment be placed in the record of following writ petitions: Civil Misc. WP Nos. 26891 of 1995;28386 of 1995;28634 of 1995;28022 of 1998;1360 of 2001;22052 of 2001; 24873 of 2001 and 21308 of 2003. Dt. 23. 5. 2003 Declaration of development areas. If in the opinion of the State Government any area within the State requires to be developed according to plan it may, by notification in the Gazette, declare the area to be a development area. Section 8 and 9 of the UPD Act are as follows: Civil Survey of, and master plan for the development area.- (1 ). The Authority shall, as soon as may be, prepare a master plan for the development area. (2) The master plan shall- (a) define the various zones into which the development area may be divided for the purposes of development and indicate the manner in which the land in each zone is proposed to be used (whether by the carrying out thereon of development or otherwise) and the stages by which any such development shall be carried out; and (b) serve as a basic pattern of frame-work within which the zonal development plans of the various zones may be prepared. (3) The master plan may provide for any other matter which may be necessary for the proper development of the development area. ( 9 ) ZONAL Development Plans- (1) Simultaneously with the preparation of the master plan or s soon as may be thereafter, the Authority shall proceed with the preparation of a Zonal development plan for each of the zones into which the development area may be divided. ( 9 ) ZONAL Development Plans- (1) Simultaneously with the preparation of the master plan or s soon as may be thereafter, the Authority shall proceed with the preparation of a Zonal development plan for each of the zones into which the development area may be divided. (2) A Zonal development plan may- (a) contain a site-plan and use-plan for the development of the zone and show the approximate locations and extents of land uses proposed in the zone for such things as public buildings and other public works and utilities, roads, housing, recreation, industry, business, markets, schools, hospitals and public and private open space and other categories of public private uses; (b) specify the standards of population density and building density; (c) show every area in the zone which may, in the opinion of the Authority, be required declared for development of re-development; and (d) in particular, contain provisions regarding all or any of the following matters, namely- (i) the division of any site into plots for the erection of buildings; (ii) the allotment of reservation of land for roads, open spaces, gardens, recreation-grounds, schools, markets and other public purposes; (iii) the development of any area into a township or colony and the restrictions and conditions subject to which such development may be undertaken or carried out; (iv) the erection of buildings on any site and the restrictions and conditions in regard to the open spaces to be maintained in or around buildings and height and character of buildings; (v) the alignment of buildings of any site; (vi) the architectural features of the elevation or frontage of any building to be erected on any site; (vii) the number of residential buildings which may be erected on plot or site; (viii) the amenities to be provided in relation to any site or buildings on such site whether before or after the erection of buildings and the person or authority by whom or at whose expense such amenities are to be provided; (ix) the prohibitions or restrictions regarding erection of shops, workshops, warehouses or factories or buildings of a specified architectural feature or buildings designed for particular purposes in the locality; (x) the maintenance of walls, fences, hedges or any other structural or architectural construction and the height at which they shall be maintained; (xi) the restrictions regarding the use of any site for purposes other than erection of buildings; (xii) any other matter which is necessary for the proper development of the zone or any area thereof according to plan and for preventing buildings being erected haphazardly in such zone or area. . .