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. 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.) 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. Section 4A being relevant for consideration of the contention advanced before us is extracted hereinbelow:

(3.) A reading of the provision made in Section 4A establishes the conferment of a power upon the State Government to bring an area or unit in respect of which a final notification under section 52 has been issued to again be brought under consolidation. The rider placed on the exercise of this power stands enshrined in the proviso which mandates that no fresh declaration shall be issued within twenty years from the date of the notification issued under Section 52 except on account of "special circumstances" in which case the State is empowered in public interest to invoke its powers upon expiry of 10 years from the date of issuance of the final notification. The prohibition against re - commencement of consolidation operations operates only during the window of 10 years from the date of issuance of the final notification. Thereafter and upon expiry of 10 years the State may in special circumstances exercise its powers. In the absence of "special circumstances" the power is available to be invoked after 20 years. Admittedly, in the facts of the present case, the notification under Section 52 was issued on 5 June 1999. The notification impugned in this petition dated 21 February 2014 is evidently therefore after ten years from the date of the notification issued under Section 52 but before 20 years from the date of the final notification.