SHI BARAN Vs. STATE OF U P

JUDGEMENT

(1.) The only question involved in these writ petitions is, whether consolidation proceedings under UP Consolidation of Holdings Act, 1950 (the Consolidation Act) can go on over an area which is declared to be a development area under UP Urban Planning and Development Act, 1973 (the UPD Act).

(2.) Section 3 (see below) of the UPD Act states when an area can be declared as a development area. The state government can declare an area as a development area by publishing a notification in the gazette that the area is required to be developed . The State Government has issued a notification No. 3779/XXXVII- 2-4 (DD)- 72, dated 19.8.1974, (published in UP Gazette, Extra dated 20.8.1974) under section 3 of the UPD Act declaring area within Allahabad Nagar Mahapalika and area within a distance of 8 Kms on all sides beyond the Nagar Mahapalika limits (excluding cantonment areas) to be a development area. In these writs the impugned notification under section 4(2) of the Consolidation Act is in respect of villages that are situate in pargana Jhusi, Tehsil Phulpur, district Allahabad. These villages are within 8 Kms from Allahabad Nagar Mahapalika limits and are within the development area as defined under the UPD Act. They are also included in the master plan.

(3.) Sections 3(2), 3(2A), (4-C) and 3(11) of the Consolidation Act refer to Consolidation, Consolidation area, Holding, Land and Tenure holder. Land means land held or occupied for purposes, connected agriculture etc. Tenure holder among the others include a bhumidhar with transferable or with non transferable rights and an Asami. Holding means land held by a tenure holder. Consolidation area means land in respect which notification under section 4 of the Consolidation Act has been issued, except to those areas where UP Zamindari Abolition and Land Reforms Act, 1950 (the ZA Act) does not apply. Consolidation is defined as rearrangement of holding of a tenure holder into compact area, except for the land mentioned in the explanation to section 3(2) of the Consolidation Act.