RAMESHWAR Vs. DY DIRECTOR OF CONSOLIDATION BAREILLY

JUDGEMENT

(1.) These writ petitions consider if benefit under sub-section (4-F) of Section 122-B [section 122-B (4-F) of the U. P. Zamindari Abolition and Land Reforms Act, 1950 (the ZA Act)] could be given over land not vested in a Gaon Sabha and consequences of declaration of a Gaon Sabha to the Town Area under Section 3 of the Town Area Act, 1914 (the TA Act ). THE FACTS:

(2.) THE land in dispute vested in Gaon Sabha Rithaura, Bareilly under Section 117 of the ZA Act. THE Gaon Sabha Rithaura was upgraded as Town Area Rithaura by notification dated 10-4-1974 under the TA Act,. This Act has been since repealed and now all town areas, according to their population, have been renamed and are governed by the U. P. Municipalities Act, 1914. Town Area Rithaura has now become Nagar Panchayat Rithaura.

(3.) I have Sri Ajay Bhanot and Sri RPS Chauhan Counsels for petitioners standing Counsel and Sri V. K. Singh Counsel for respondents. The following points arise for determination : (i) Whether benefit under Section 122-B (4-F) of the ZA Act can be given over land vested in a local authority other than Gaon Sabha? (ii) Whether the land in dispute was vested in the Gaon Sabha Pithaura on the relevant date under Section 122-B of the ZA Act? 1st POINT : BENEFIT - ONLY OVER GAON SABHA LAND: