CHANDRA KUMAR RAI
Suraj Singh Alias Suraj Dev – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
Chandra Kumar Rai, J.
1. Heard Sri Dinesh Rai, learned counsel for the petitioner, Shri .K. Singh, learned Senior Counsel assisted by Sri S.K. Yadav as well as Sri .M. Tripathi, learned counsel for respondent nos. 5, 6 & 7 and Sri Ashutosh Kumar Rai, learned Additional Chief Standing Counsel for the State.
2. Brief facts of the case are that petitioner is Chak Holder of Chak No. 799 & 800. Respondent No. 5 is Chak Holder No. 65. The Assistant Consolidation Officer has proposed single Chak to the petitioner on plot nos. 489M, 496M, 505M. Against the proposal of Assistant Consolidation Officer the Chak Objection was filed by petitioner, which was decided by Consolidation Officer ide order dated 11.02.2020 allotting the Plot No. 496, in which his source of irrigation is situated along with the Plot No. 505. Petitioner was also allotted Plot No. 500, 499 under the order of Consolidation Officer dated 11.02.2020. Against the order of Consolidation Officer petitioner filed Chak Appeal before the Settlement Officer Consolidation claiming that he should be allotted Chak over plot nos. 536 & 539 in place of plot nos. 499 & 500. The aforementioned appeal filed by the petitioners was
The court upheld the legality of Chak allotment under the U.P.C.H. Act, affirming adherence to principles of rectangulation and consideration of irrigation sources.
A chak holder's entitlement can only be altered where existing agricultural rights and irrigation sources are preserved, underscoring the importance of statutory compliance in land allocation.
The Deputy Director of Consolidation must consider comparative hardship of both parties when exercising jurisdiction under Section 48(1) of the U.P. Consolidation of Holdings Act.
The allotment of roadside plots under consolidation laws must reflect the shares of each holder without illegality in the decision-making process.
The court mandated reconsideration of land allotment claims, emphasizing the necessity of a fair hearing for all affected parties under the U.P. Consolidation of Holdings Act.
The Deputy Director of Consolidation must consider comparative hardship when exercising revisional jurisdiction under the U.P. Consolidation of Holdings Act.
The allotment of chak under the U.P. Consolidation of Holdings Act must adhere to the legal provisions regarding equitable distribution among co-sharers, as confirmed in the case.
The court emphasized that tenure holders must be allocated chaks on original plots, and procedural fairness requires proper hearing and substitution of deceased parties in consolidation disputes.
The court upheld the D.D.C.'s order modifying chak allotments, affirming that administrative decisions should not be interfered with unless clear illegality or injustice is shown.
Allotment of chak must prioritize proximity to original holdings, with the possibility of deviations only if justified by consolidation authorities.
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