SUBE SINGH Vs. CONSOLIDATION COMMISSIONER

JUDGEMENT

(1.) HEARD Sri R.C. Singh, counsel for the petitioners and the Standing Counsel for the respondents.

(2.) IN pursuance of the order dated 8.10.2013 the counter affidavit has been filed and the original record relating to CH Form 29 has been produced before the Court today by the Standing Counsel.

(3.) THE Standing Counsel submits that at present there are several constructions going on in village Chamrawali Ramgarh, Tehsil Dadri district Gautam Budh Nagar and the nature of more than 60% of the land of the village has been changed as such demarcation of chaks in pursuance of the Provisional Consolidation Scheme and delivery of possession is not possible at present. In such circumstances the anomaly has arisen as in the record the names of different persons will be recorded but on the spot possession of different persons will be found. Thus, it will be appropriate that the District Deputy Director of Consolidation may conduct an enquiry and examine the record and if needed he may make a spot inspection also and in case demarcation of chak and delivery of possession in pursuance of the confirmed Provisional Consolidation Scheme is not possible he may submit a report for issuance of notification under Section 6 of the Act, closing the consolidation operation in the village and the record be corrected accordingly. In view of the aforesaid discussion the writ petition succeeds and is allowed. Notification under Section 52 of the Act dated 28.3.2008 so far as it is related to village Chamrawali Ramgarh, Tehsil Dadri district Gautam Budh Nagar and the order of the Deputy Director of Consolidation dated 1.8.2013 are quashed. The District Deputy Director of Consolidation is directed to make an enquiry after giving notice to the Consolidation Committee and the villagers and in case demarcation as well as delivery of possession in pursuance of the confirmed Provisional Consolidation Scheme is not possible he may submit a report for closing the consolidation operation in accordance with Rule 17 of U.P. Consolidation of Holdings Rules, 1954. The record be corrected accordingly and necessary orders in this respect shall be passed by him within a period of two months from the date of production of a certified copy of this order.