DIVYANAND Vs. S D O SANDEELA ANOTHER

JUDGEMENT

(1.) This writ petition has been restored today and since the matter was twenty four years old, the Court requested counsel for the petitioner to argue on merits also.

(2.) It has been submitted by the learned counsel for the petitioner that late Divya Nand had been granted a Sanad by the State Government under Sec. 126 of the U.P. Z.A. & L.R. Act to carry out plantation of trees on Gaon Sabha land. A copy of such Sanad executed by the Block Development Officer, Sandeela, Hardoi in favour of late Divya Nand has been filed as Annexure 2 to Writ Petition No. 629 (M/S) of 1991. As per the Sanad so executed, the petitioner was to take over possession of 14 plots of land measuring about 200 Bighas, and to plant different types of trees thereon whose numbers have been indicated in the said Sanad.

(3.) On the basis of such Lease deed dated 21.8.1978, late Divya Nand planted trees in the land in question. It has been submitted that in the Sanad there was no provision that the same can be cancelled at any point of time by the Government. It could be repossessed only on acquisition of land for public purpose. Since, late Divyanand was in possession over the several plots of land as mentioned for a long time, during the consolidation proceedings, his name was also recorded over the disputed land by the Consolidation Officer. A copy of the order dated 10.9.1986 passed by the Consolidation Officer has been filed as Annexure 2.