GRAM PANCHAYAT RAMPUR, VIKAS KHAND BASTI THROUGH ITS GRAM PRADHAN AND ANOTHER Vs. STATE OF U.P.AND OTHERS

JUDGEMENT

(1.) THE only ground raised for challenging the order issued by the Collector in exercise of power under section 117 of U.P.Z.A. and L R. Act, qua resumption of the land re­corded in the name of the Gaon Sabha is that the Collector has no authority of law for issuing such a Notification in view of the Government Order dated 7.5.1981.

(2.) ACCORDING to the petitioner, under the said Government Order, in respect of any land having market value more than Rs. 25,000/- it is the Commissioner alone who can exercise the power under section 117 of the Act.

(3.) WE have gone through both the Government Orders and have examined the same. We find that under G.O. dated 7.5.1981 resumption of land where it is re­quired for commercial department of the State Government of U.P or for any de­partments of the Government of India the powers of the District Magistrate have been restricted to the valuation of Rs. 25,000/-. It is admitted on record that in the instant case land is not required for commercial department of the State of U.P. or for any department of Central Government. There­fore/the notification dated 7.5.1981 relied by the petitioner has no application.