SHILA Vs. COLLECTOR JHANSI

JUDGEMENT

(1.) RAKESH Tiwari, J. Heard Counsel for the parties and perused the record.

(2.) A report was submitted by the Lekhpal Gaon Sabha Bhagwantpura, Pargana and District Jhansi alleging that the petitioner had encroached over Plot No. 698. Notices were issued to the petitioner and she filed her objection to discharge the notices alleging therein that the construction had been made over the land in dispute since before 1970 and she had no other house to live in. She claimed that she is entitled to the benefit of Section 123 of U. P. Act No. 1 of 1951. The Assistant Collector/tahsildar Jhansi vide order dated 18-10-1988 rejected the objection of the petitioner. On revision being filed respondent No. 1, Collector, Jhansi dismissed the revision vide order dated 9th February, 1989.

(3.) A perusal of 115-M of the Rules framed under the U. P. Z. A. & L. R. Act for allotment of the land shows that 40 times compensation can be levied. It does not provide that the approval of the S. D. M. was required for allotment of the land after payment of 40 times rent/compensation. Hence, even if the petitioner has deposited the rent/compensation 40 times he would not have title over the land and cannot get the benefit of Section 122-C (3) (2) of the Act until and unless he complied with the terms and conditions of the aforesaid Rule 115-M. There is no averment in the writ petition that the petitioner had fulfilled all the conditions of the allotment even before the Courts below no evidence was adduced by the Counsel for the petitioner. The findings given in the revision are interlocutory in nature and can be decided in regular suit.