NAGAR PALIKA GHATAMPUR Vs. SHIV DULARE BAJPAI

JUDGEMENT

(1.) This appeal by certificate is directed against the judgment of the Allahabad High court dated 4/02/1971. On 9/03/1966 the Land Management Committee of Village Ghatampur allotted 8 biswas of land in plot No. 822 to the respondent Shiv Dulare Bajpai for constructing a building for Chhetriya Jan Sampark Karyalaya. The Resolution was communicated on 14/08/1966. Subsequently the Managing Committee passed the resolution cancelling the allotment on the ground that the respondent did not make any construction on the land in question within two years as contemplated under Rule 115-P of the U. P. Zamindari Abolition and Land Reforms Rules. Rule 115-P reads as under:

(2.) The Tehsildar issued a notice in September 1968 prohibiting the respondents from making construction on land in question. The Sub-Divisional Officer, Ghatampur on 15/11/1968 issued a notice asking the respondents to deposit Rs. 17,000. 00 as compensation or show cause against it. The respondent appeared before the Sub-Divisional Officer and after some adjournments the Sub-Divisional Officer on 13/12/1968 passed the following order:

(3.) We have heard learned counsel for the parties and have perused the record. There is no controversy between the parties with regard to the date of allotment of the plot in question which was taken as 14/08/1966 the date of communication of the allotment order. Rule 115-P which has been extracted above clearly lays down that the person to whom a patta site is allotted is required to build a house either kutcha or pukka and begin to reside in it or use it within two years from the date of allotment. It further provides that if the allottee fails to do so his rights shall be extinguished and the plot may be re- auctioned. The respondent has not disputed the fact that he had not raised construction over the plot in question and begin to reside in it or use it within two years from the date of allotment. Learned Single Judge in his order dated 13/10/1969 has clearly observed: "it is admitted that the petitioner did not make any constructions on the 8 biswas of land allotted for the Karyalaya within the requisite period of two years. " Therefore it cannot be said that there was any dispute between the parties for the title of the plot. It may also be noted that the order cancelling allotment by a resolution of the Managing Committee has been upheld by the division bench of the High court as it has dismissed the Special Appeal No. 1606 of 1968 arising out of Writ Petition No. 3557 of 1968 thusonce the order cancelling the allotment is held to be proper under Rule 115-P the rights, if any, of the respondent stood extinguished automatically and there was no case involving bona fide question of title. In view of these circumstances we allow this appeal, set aside the order of division bench of the High court dated 4/02/1971 and uphold the order of the learned Single Judge dated 13/10/1969. It is however made clear that this case relates to 8 biswas of land in plot No. 822 allotted for constructing a building for Chhetriya Jan Sampark Karyalaya and it has nothing to do with allotment of 2 biswas of land out of plot No. 822 to the respondent for building his residential house. In the facts and circumstances of the case there shall be no order as to costs.