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2009 DIGILAW 3156 (ALL)

MUNENDRA VISHWAS v. STATE OF U. P.

2009-09-17

SIBGHAT ULLAH KHAN

body2009
JUDGMENT Hon’ble Sibghat Ullah Khan, J.—The main prayer, i.e. Prayer No. (I) in this writ petition is as follows : “Issue a writ, order or direction in the nature of mandamus commanding the respondent to exempt the petitioner’s land from the consolidation operation situated in village Gajraula Kalan Sharai, Pargana, Tehsil and District: Pilibhit in pursuant to the notification dated 24.5.1997 issued under Section 4(i) of U.P.C.H. Act.” 2. The case of the petitioner is that he migrated from erstwhile East Pakistan to India, hence he was a displaced person and under Government Grants Act, 1895, he was allotted the agricultural land in dispute. True copy of the grant/lease deed dated 12.11.1979 is Anenxure-1 to the writ petition. Governor granted the lease, which is for 30 years. It is mentioned in the lease deed that lessee would be entitled to hold rights and obligations akin to a bhumidhar defined under the U.P.Z.A. & L.R. Act, 1950. The first covenant was that grantee’s right shall be heritable and the succession to such land shall be regulated according to the provisions of U.P.Z.A & L.R. Act 1950 as amended from time to time. The second covenant was that cultivation of the land shall commence within six months from the date of the possession. It was also mentioned in the deed that land should be used only for cultivation purposes. It was also stipulated that the grantee shall not parcel out the land demised to him. It was also provided that grantee shall not transfer or alienate the land until transferable rights were granted to him by the granter after a period of 20 years or after he had paid the entire amount of the premium and the interest thereon. Under the said clause, it was further provided that any alienation after the grant of transferable rights shall be subjected to the provisions of Section 154 to 156 of U.P.Z.A & L.R. Act 1950 and any transfer or alienation made in contravention of the said condition should be void. Usual provision of determination of the demise in whole or part is also there in the deed. Provision of renewal of lease is also there in the deed. 3. It is also stated in the writ petition that several representations have been filed by the petitioner for not applying the consolidation operation upon the land in dispute. Total area is 1.683 hectares. 4. Provision of renewal of lease is also there in the deed. 3. It is also stated in the writ petition that several representations have been filed by the petitioner for not applying the consolidation operation upon the land in dispute. Total area is 1.683 hectares. 4. Under Section 3 (2-A) of U.P.C.H. Act, consolidation area has been defined, which does not include such portion to which provisions of U.P.Z.A & L.R. Act 1950 do not apply. 5. Government Grants Act, 1895 was amended in U.P. by U.P. Act No.13 of 1960. Proviso to Section 3 of the amended Government Grants Act, 1895 is quoted below : “Provided that nothing in this section shall prevent, or deemed ever to have prevented the effect of any enactment relating to the acquisition of property, land reforms or the imposition of ceiling on agricultural lands.” 6. At this juncture Section 133-A of U.P.Z.A & L.R. Act 1950 also requires to be quoted : “133-A. Government lessees.—Every person to whom land has been let out by the State Government shall be called a Government lessee in respect of such land and shall, notwithstanding anything to the contrary contained in this Act, be entitled to hold the same in accordance with the terms and conditions of the lease relating thereto.” 7. Section 3(11) of U.P.C.H. Act is also quoted below : “3(11) ‘Tenure-holder’ means a bhumidhar with transferable rights or bhumidhar with non-transferable right and includes— (a) ......... not relevant (b) a Government lessee or Government grantee, or (c) ......... not relevant” 8. Learned counsel for the petitioner has cited an authority of this Court reported in Jagner Singh v. State of U.P. and another, 1967 RD 429. The facts of the said case were that in terms of the grant/lease granted under Government Grants Act, 1895, petitioner was required to vacate the land by the Government. The land was agricultural land. It was held in the said authority that in view of proviso as added by U.P. in the year 1960 to Government Grants Act, provisions of U.P.Z.A & L.R. Act 1950 were applicable on the agricultural lands granted under the Government Grants Act. The land was agricultural land. It was held in the said authority that in view of proviso as added by U.P. in the year 1960 to Government Grants Act, provisions of U.P.Z.A & L.R. Act 1950 were applicable on the agricultural lands granted under the Government Grants Act. However, it was held that by virtue of Section 133-A of U.P.Z.A & L.R. Act 1950, the grantees did not acquire any right under any of the provisions of U.P.Z.A & L.R. Act 1950 in excess to the rights conferred upon them by the grant/lease. 9. Section 133-A of U.P.Z.A & L.R. Act 1950 restricts the rights of grantees. It does not enlarge their rights. 10. By virtue of Section 3(11) of U.P.C.H. Act, the said Act is applicable to Government Grants Act also. In consolidation rights are not curtailed or adversely affected. There is no such indication in the deed in question that U.P.C.H. Act would not apply to the agricultural land covered by the said grant. Rather different clauses of the deed refer to different provisions of U.P.Z.A & L.R. Act 1950. 11. Under Section 19-A(2) of U.P.C.H. Act even property vested in State or Gaon Sabha or any other local authority, may be subjected to consolidation and allotted to private persons subject to certain restrictions. 12. Accordingly, in my opinion, agricultural land in dispute granted to the petitioner under Government Grants Act, 1895 can be subjected to consolidation. Writ petition is therefore dismissed. ————