GAURI SHANKAR Vs. D.D.C

JUDGEMENT

(1.) Petitioners claimed that they were tenure holder of plot Nos. 179/2 area 0.897 hectare and 177 area 0.201 hectare situated at Tehsil Nazibabad, District Bijnor, along with other certain land. It was the case of petitioners that said plots of land were being used as abadi and for commercial purpose for last 30 years.

(2.) The village concerned was brought under consolidation scheme on 18/8/1992 when the notification under Sec. 4 of the Uttar Pradesh Consolidation of Holdings Act, 1953 (for short "Act of 1953") was issued. It was further case of the petitioners that after above referred notification, proceedings were initiated under Sec. 143 of U.P. Zamindari Abolition and Land Reforms Act, 1950 (for short "Act of 1950") and on basis of reply filed by petitioners, concerned authority by an order dtd. 15/1/1994 declared above referred land in dispute to be non-agricultural with a further direction for Amaldaramad.

(3.) It appears that order was not implemented and meanwhile during consolidation proceedings, above referred land was reserved for purpose of an Ambedkar Park and for Abadi of Weaker Sec. of Society, after determining its valuation.