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2015 DIGILAW 194 (UTT)

DHARMA v. DISTRICT CONSOLIDATION OFFICER

2015-04-01

ALOK SINGH

body2015
JUDGMENT : Hon’ble Alok Singh, J (Oral) Present petition is filed assailing the judgment and order dated 31.12.2001 passed by Assistant Settlement Officer, Consolidation, Haridwar as well as judgment and order dated 28.02.2003 passed by Deputy Director, Consolidation, Haridwar. 2. Petitioner was found in possession of Khasra No. 459, Village Toda, Kalyanpur, Pargana and Tehsil Roorkee, Haridwar, which is shown as river belt in revenue record; petitioner has raised claimed under sub-Section 4F of Section 122B of the U.P. Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as “Act, 1950”) saying since he is Scheduled Caste (Harijan), therefore, he should be conferred with bhumidhari rights thereon. Claim of the petitioner was declined on the ground that benefit of sub Section 4F of Section 122B of the Act, 1950 can be granted only on the land mentioned in Section 117 of the Act, 1950. Since river belt is part of river, therefore, no right can be accrued or granted over Khasra No. 429 belonging to river or river belt. 3. Sub-Section 4F of Section 122B of the Act, 1950 reads as under: “4-F. Notwithstanding anything in the foregoing sub-sections, where any agricultural labourer belonging to a Scheduled Caste or Scheduled Tribe is in occupation of any land vested in a Gaon Sabha under Section 117 (not being land mentioned in Section 132) having occupied it from before May 13,2007 and the land so occupied together with land, if any, held by him from before the said date as Bhumidhar, sirdar or asami, does not exceed 1.26 hectares (3.125 acres), then no action under this section shall be taken by the Land Management Committee or the Collector against such labourer, and he shall be admitted as bhumidhar with non-transferable rights of that land under section 195 and it shall not be necessary for him to institute a suit for declaration of his rights as bhumidhar with non transferable rights in that land.” 4. The bare reading of Section 4F of Section 122-B of the Act, 1950 would demonstrate that if any agricultural labourer, belonging to a Scheduled Caste or Scheduled Tribe, is found in occupation of land vested in Gaon Sabha under Section 117 not being land mentioned under Section 132 from before May 13, 2007 and land in possession of such agricultural labourer does exceed to 1.26 hectares, then he shall not be evicted from the land, in question and shall be admitted as bhumidhar with non transferable rights of the land under Section 195 of the Act. 5. Section 132 of the Act, 1950 reads as under: “132. Land in which (Bhumidhari) rights shall not accrue. - Notwithstanding anything contained in Section 131, but without prejudice to the provisions of Section 19 (Bhumidhari) rights shall not accrue in: (a) pasture lands or lands covered by water and used for the purpose of growing singhara or other produce or land in the bed of a river and used for casual or occasional cultivation; (b) such tracts of shifting or unstable cultivation as the State Government may specify by notification in the Gazette; and (c) lands declared by the State Government by notification in the Official Gazette, to be intended or set apart for taungya plantation or grove lands of a (Gaon Sabha) or a Local Authority or land acquired or held for public purpose and in particular and without prejudice to the generality of this clause - i. lands set apart for military encamping grounds; ii. lands included within railways or canal boundaries; iii. lands situate within the limits of any cantonment; iv. lands included in sullage farms or trenching grounds belonging as such to a local authority; v. lands acquired by a town improvement trust in accordance with a scheme sanctioned under Section 42 of the U.P. Town Improvement Act, 1919 (U.P. Act VII of 1919) or by a municipality for a purpose mentioned in Clause (a) or Clause (c) of the Section 8 of the Municipalities Act, 1916 (U.P. Act VII of 1916); and (vi) lands set apart for public purposes under the U.P. Consolidation of Holdings Act, 1953 (U.P. Act V of 1954).” 6. The bare reading of Section 132 would reveal that no right shall accrue in favour of any person over the land in the bed of a river, pasture land or land covered by water or used for the purpose of growing singhara or other produce. 7. Since land, in question, is a land in a bed of river, therefore, in view of sub-clause (a) of Section 132 read with Section 4F of Section 122B of the Act, 1950 no right can be accrued in favour of the petitioner. 8. Consequently, petition fails and is hereby dismissed.