GRAM SAMAJ Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) THIS writ petition has been filed by the Gram Samaj, Gaon Sabha - Nanur Khera, Vikas Khand Raipur, district, Dehradun through its Gram Pradhan. The Petitioner has challenged the order dated 25th April, 2005 by which the State Government exercising its power under Section 117 (6) of the Uttar Pradesh Zamindari Abolition and Land Reform Act, 1950 (hereinafter referred to as the Act) has resumed the possession of a land earlier notified in favour of the Gram Samaj i.e. the Petitioner and has also transferred that land in favour of the Respondent No. 5 in order that she may open a Petrol Pump Depot on the said land.

(2.) THE matter pertains to Plots No. 393 and 394 of Village Nanur Khera, Parvadoon, Rishikesh, Dehradun total area being.0741 hectares, which was vested in the Gaon Sabha namely Gaon Sabha -Nanur Khera, Vikas Khand Raipur, Dehradun vide notification dated 7th May, 1981, which was issued under Section 117 of the Act. However, vide the subsequent notification dated 25th April, 2005 issued under Section 117 (6) of the Act, earlier notification dated 7th May, 1981 has been cancelled and the ownership of the land has been resumed by the State Government. However after the resumption, the State Government has further leased this land in favour of Respondent No. 5. The Petitioner has challenged, inter alia, this notification dated 25th April, 2005, which was issued under Section 117 (6) of the Act.

(3.) UNDOUBTEDLY , Government has got power under Section 117 (6) of the U.P.Z.A. and L.R. Act to amend or cancel earlier notification by which the land was given to the Gaon Sabha and therefore so far as the order dated April 25,2005 is concerned, it has been invoked under Section 117 (6) of the U.P. Z.A. and L.R. Act and there is nothing wrong with it.