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2006 Supreme(All) 3091

[2006(10) ADJ 313]
ALLAHABAD HIGH COURT
Before : S.U. Khan, J.
Fateh Chand Chaturvedi and another .....Petitioner
Versus
Joint Director of Consolidation and others .....Respondents
(Civil Misc. Writ Petition No. 3656 of 1981, decided on 23rd November, 2006)

Headnote:U.P. Consolidation of Holdings Act, 1953—Sections 48 and 8(1)—Allotment of chak—Even though Jt. Director of Consolidation may have very wide power in revision under Section 48—But still while reversing the decision impugned of Court below—Some fault has to be pointed out therein—As the Court has no option except to set aside the judgment of Jt. D.C.—And remand the matter. [Paras 6 and 7]

       

JUDGMENT

Hon’ble S.U. Khan, J.—This writ petition arises out of consolidation proceedings. Matter relates to allotment of Chak. Hanuman Prasad respondent No. 2 was allotted Chak No. 1269. The judgment of Joint Director of Consolidation (JDC) Allahabad dated 8.1.1981, which has been challenged through this writ petition was passed in two revisions being revision No. 538 and 560. First revision was filed by Hanuman Prasad and the other by Uma Shanker against Hanuman Prasad. Uma Shanker is not party in this writ petition. Uma Shanker was allotted Chak No. 122. The plot, which is mainly in dispute is plot No. 2359.

2. The grievance of Hanuman Prasad was that he had been given excess valuation (land) in the plots which were near the river (nadihar) and he had been given less valuation (land) in ordinary land (bangar) even though prior to start of consolidation 2/3 of his land was of ordinary quality i.e. Bangar.

3. In respect of Hanuman Prasad JDC held that before start of consolidation the valuation of his land in nadihar was 42.8 aana and of banger 46.92 aana and SOC had given him about 7 aana valuation land in excess in nadihar JDC further held that Munshi Lal, father of petitioner whose Chak number was 666 had land of valuation of 33.20 aana in nadihar prior to start of consolidation while he and his other co-sharers were allotted 20.17 aana valuation land in nadihar. JDC opined that Munshi Lal should be given land in nadihar in the same ratio as he had prior to start of consolidation. Accordingly, JDC cancelled the Chak of Munshi Lal over plot No. 1528 and adjusted the said portion towards western side of plot No. 1269 to north-south. Munshi Lal had contended that his co-sharers had been given land in nadihar. JDC also observed the argument of Counsel for respondent No. 2 Hanuman Prasad that plot No. 2453 and 2454 were of banger quality of land and not of nadihar as held by SOC.

4. The procedure for determining the valuation of Chaks under Consolidation of Holdings Act, rules and notifications cannot be said to be scientific. Formula for determining valuation is given under Section 8(1) (ii)(a), 8-A(2)(d) and (3) Rules 3(5), 20-A and 24 of the Rules framed under the Act and paras 126 to 154 of Consolidation Manual. Determination of valuation directly affects the area to be allotted to a chak holder. Moreover for allotment of chak a precise formula has been given under Section 19 of U.P.C.H Act. The two important ingredients are 19(1)(b) which is to the effect that the valuation of plots allotted to tenure holder subject to deductions, if any, made on account of contributions to public purposes under this Act, is equal to valuation of plots originally held by him provided that except with the permission of Director of Consolidation, the area of the holding or holdings allotted to a tenure holder shall not differ from the area of his original holding or holdings by more than twenty five per cent of the latter; the other important ingredient is provided under Section 19(1)(e) which is to the effect that every tenure holder is, as far as possible, allotted a compact area at the place where he holds the largest part of his holding provided that no tenure holder may be allotted more ‘Chaks’ than three, except with the approval in writing of the DDC. The next ingredient is provided and Section 19(1)(f) which is to the effect that, every tenure holder is, as far as possible, allotted the plot on which exists his private source of irrigation, or any other improvement, together with an area in the vicinity equal to the valuation of the plot originally held by him there.

5. Due to wide discretion in respect of carvation of chaks given to the consolidation authorities, drastic changes may be made by alt the three authorities, CO, SOC and DDC. This gives rise to lot of confusion, heart burning, adventurism and allegations of all sorts. In such situation the best course is to make all possible efforts within the framework of Section 19 to leave






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