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JAYANT BANERJI
Narendra Kumar – Appellant
Versus
Board Of Revenue U. P. – Respondent
JUDGMENT :
(Jayant Banerji, J.)
1. This writ petition has been filed seeking quashing of the order dated 23.02.2021 passed by the Board of Revenue, U.P., Allahabad in Revision no.1124 of 2017. Also the order dated 24.04.2017 passed by the Sub-Divisional Officer is sought to be quashed by which application for exchange of land has been rejected.
2. The petitioners claim to the Bhumidhar of plot No.17 ad-measuring 0.357 hectare and Plot No.19 ad-measuring 0.092 hectare. Both the aforesaid plots of land are stated to be recorded as grove land. It is stated that plot No.18 ad-measuring 0.104 hectare is recorded in the name of a school 'Purv Madhyamik Vidyalay, Mauza-Tarsara, Pargana-Hasangarh, Tehsil-Iglas, District-Aligarh'. Other than that plot, plot no.21 having an area of 0.057 hectare is also recorded in the name of the aforesaid school.
3. It is stated that the building of the school was constructed long back on plot no.19, which is the plot belonging to the petitioners, instead of plot No.18. Therefore, under the provisions of section 101 of the U.P. Revenue Code, 2006, 1 [Code, 2006], the petitioners filed an application on 11.03.2016 before the Sub Divisional Officer for exc
Point of law : From the conjoint reading of Section 161, as well as, the Rules relating thereto, it transpires that the legislature has extended facility upon a bhumidhar to exchange his bhumidhari l....
The court emphasized the limitations on land allotment to educational institutions under the U.P. Zamindari Abolition and Land Reforms Act, 1950, and the discretionary power of the State Government i....
Resolution by the Land Management Committee for land allotment without approval from the S.D.M. lacks legal validity, leading to unlawful possession claims.
The main legal point established in the judgment is that the exchange of land must be for the benefit of the village inhabitants and in accordance with statutory provisions of law.
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