CHHOTEY LAL Vs. RAJENDRA PRASAD

JUDGEMENT

(1.) This is reference made by the learned Additional Commissioner, Allahabad Division, dated 20.9.86 recommending that the revision filed by Chhotey Lal against the order dated 16.9.85 passed by the Addl. Collector Allahabad in a case under Sec. 198 (4) of the U.P.Z.A. and L.R. Act be allowed and the impugned order passed by the trial court be set aside.

(2.) I have heard the learned counsels for the parties and have also perused the record of the case. From the perusal of the record it is obvious that the learned Addl. Collector has properly conducted the inquiry in passing the impugned order and the contrary view taken by the learned Addl. Commissioner on this point is wrong. But it is also evident that the O.P. in whose favour the patta was granted, has failed to comply the provisions of Rule 115-Q of the U.P.Z.A. and L.R. Rules by which it was mandatory for him to construct a house over the land allotted to him within 3 years from the date of allotment which he has totally failed to do so. In view of this mandatory provision of law the rights of the O.P., if any on the basis of the said allotment stands automatically extinguished. Further no explanation has been given by the O.P. for not complying with the provisions of Rule 115-Q till today. In view of this I find that the learned Addl. Commissioner has rightly come to the conclusion that the learned Addl. Collector has erred in not cancelling the allotment made in favour of the O.P.

(3.) Agreeing therefore with the recommendation of the learned Addl. Commissioner I allow the revision, set aside the impugned order dated 16.9.83 of the trial court and cancel the patta in favour of the opposite party.