ARWIND KUMAR TIWARI Vs. STATE OF U.P.

JUDGEMENT

(1.) The instant public interest litigation sought quashing of a notification dated 21 February 2014 issued under Section 4 of the Uttar Pradesh Consolidation of Holdings Act, 1953 1953 Act. The petitioner asserted that consolidation operations in the village had been undertaken earlier and had concluded with the issuance of a notification on 5 June 1999 under Section 52 of the 1953 Act. Referring to the proviso appended to sub section (1) of Section 4A, it was contended that the impugned notification would fall foul of the said provision. It was submitted that no "special circumstances" existed justifying the invocation of powers conferred by section 4A of the 1953 Act. To appreciate the submission it may be noted that in terms of the proviso to sub section (1) of section 4A, a fresh declaration for commencement of consolidation operations cannot be issued within twenty years from the date of the earlier notification issued under Section 52. The exception to the above is a case where in "special circumstances" the State Government may in public interest exercise the power 10 years after the issuance of the final notification under section 52. It was contended that only fifteen years had elapsed from the publication of the notification under Section 52 and no special circumstances existed. Bearing in mind the contentions so advanced, this Court on 29 January 2016 passed the following order:

(2.) List under the same caption on 23 February 2016." In pursuance of the aforesaid order, the learned Standing Counsel has filed a Short Counter Affidavit bringing on record material in justification of the notification impugned herein.

(3.) Section 4A being relevant for consideration of the contention advanced before us is extracted hereinbelow: "4 -A. (1) Where the State Government is of the opinion that in the case of a district or part thereof in respect of which a notification has already been issued under Section 52, it is expedient in public interest so to do, it may make a declaration by notification in the Gazette that such district or part thereof may again be brought under consolidation operation: [Provided that no such declaration shall be issued within twenty years from the date of the notification referred to in the said section, but in special circumstances the State Government may, in public interest, issue such declaration after ten years from the said date.] (2) The provisions of this Act shall mutatis mutandis apply to every notification issued under sub -section (1) as they apply to a notification under Section 4."