A.P.SAHI, ARUN TANDON
GRAM PANCHAYAT RAMPUR – Appellant
Versus
STATE OF U. P – Respondent
By the Court.—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. The contention raised on behalf of the petitioner is opposed by the learned Standing Counsel and it is pointed out that the Notification dated 7.5.1981, which creates restriction on the power of the Collector qua exercise of power under Section 117 of the Act to resume all or any of the things specified in the Schedule to the extent of the market value of the property of Rs. 25,000/- is confined to the cases were the land vested in Gaon Sabha is resumed for commercial department of the State referred to in Appendix IX of the Financial Hand Book Volume V
Part-I or for any department of the Central Govt. The notification
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