LAWS(ALL)-2007-7-91

JAI KARAN Vs. ADDL COMMISSIONER MEERUT

Decided On July 10, 2007
JAI KARAN Appellant
V/S
ADDL COMMISSIONER MEERUT Respondents

JUDGEMENT

(1.) SUNIL Ambwani, J. Heard Shri R. C. Singh for the petitioner and Shri Ram Saran Sharma for respondent No. 4-Shri Gajraj. Learned Standing Counsel appears for respondent Nos. 1 to 3.

(2.) THE petitioner Jai Karan was Bhumidhar of 3. 557 hectares of land cultivated by him in village Gadina, District Meerut. He purchased 4. 325 hectares of agricultural land in village Palla, Tehsil Dadri by a registered sale-deed dated 19-7-1968, making his total holding to be over 5. 057 hec. (12. 50 acres), which is the ceiling prescribed by Section 154 of the U. P. Zamindari Abolition and Land Reforms Act, 1950 (the Act ).

(3.) THE Collector, Gautam Budh Nagar held that an application under Section 163 of the Act can be filed by any person. If the facts were found to be correct, the proceedings could be taken by the Collector suo moto and that since in the State of U. P. a person cannot hold more than 2. 824 hec. of land (12. 50 acres), the entire land in excess thereof is liable to be vested in the State. THE Collector directed that the land purchased by sale- deed dated 19-7-1968 in Khet No. 59 area 2. 94 hec. and Khet No. 201 area 1. 431 hec. total area 4. 3 hec. will vest in the State and that the possession of the excess land be taken from Jai Karan.