RAM SWAROOP Vs. GAON SABHA

JUDGEMENT

(1.) THIS second appeal has been filed against an order passed by Commissioner, Jhansi Division, Jhansi dated 19-11-96 in first appeal No. 122 of 95-96 arising out of an order passed by S.D.O. Lalitpur dated 30-3-96 in suit No. 127/94-95 under Section 161 of the U.P. Z.A. and L.R. Act.

(2.) BY the impugned order dated 30-3-96 S.D.O. has rejected the proposed exchange on the ground that the resolution approving the proposed exchange dated 4-9-94 was opposed by four persons, as no notice or agenda was served on them and that no prior permission of Tahsildar for the proposed exchange was obtained under Rule 110-A of the U.P.Z.A. and L.R. Rules. The learned Commissioner in appeal also upheld the order passed by the trial Court and dismissed the appeal by the impugned order on the earlier grounds as well as on the grounds of the land belonging to L.M.C. being proposed for exchange contain previous minerals and therefore was of public utility. Aggrieved by these orders the present second appeal has been filed on the ground that the order passed by the lower Courts were against the express provisions of law and that no permission under Rule 110-A of the Z.A. Rules was necessary. Though the appellant in the memo of appeal has not raised any substantial questions of law expressly, but by construction the only question of law involved is whether the requirement of proper service of agenda and information of the meeting of the L.M.C. was not necessary when the members objecting or raising objections for the same subsequently presented themselves in the proposed meeting.

(3.) RULE 110-A of the Z.A. Rules does not prescribe for any permission before passing any resolution for exchange of Gaon Sabha land with that of any other private individual, therefore, the lower Courts have wrongly invoked the provisions of Rule 110-A of the Z.A. Rules. Rule 110 prescribes for the procedure for holding meetings of L.M.C. whereby it is prescribed that notice for meeting of L.M.C. shall be given to all the members of the L.M.C. atleast three days before the date of meeting and their signature or thumb impression shall be taken on the notice which shall thereafter be pasted on the proceeding book. The notice shall contain the agenda for the meeting. It further provides that preferably the notice shall be served personally on the members but if it is not possible to serve the notice personally on any member, service on any adult male member of his family and if that be also not possible a fixation of the notice to a conspicuous place at the resident of the member shall be sufficient.