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SAURABH LAVANIA
Nisha Devi – Appellant
Versus
Deputy Director of Consolidation Lakhimpur Kheri – Respondent
JUDGMENT
Saurabh Lavania, J.
Heard Sri. Ramesh Chandra Gupta, learned counsel for the petitioner and learned counsel for the State-Sri. Hemant Kumar Pandey.
2. In view of the order proposed, issuance of notice to private respondent(s) is hereby dispensed with.
3. By means of this petition, the petitioner has sought the following main reliefs:-
4. Assailing the impugned order(s), learned counsel appearing for the petitioner stated that the impugned order is liable to be interfered with by this Court, as the same has been passed without considering the genuine grievance of the petitioner as also that the same is against the principles embodied under Section 19 of U.P. Consolidation of Holdings Act, 1953 (in short "Act of 1953").
5. Per contra, Sri. Hemant Kumar Pandey, learned counsel appearing for the State has stated that the Chak(s) provided to the petitioners are just and proper and in fact, they are not aggrieved by the order(s) impugned in any manner.
Consolidation authorities must adhere to statutory provisions and cannot act arbitrarily in allotting chaks, with judicial review permissible if principles of equity are violated.
Consolidation authorities must adhere to statutory provisions and provide justifications for deviations in chak allotment; failure to demonstrate genuine grievance leads to dismissal of the petition.
Consolidation authorities must adhere to statutory provisions in allotting chaks, ensuring tenure holders receive compact areas where they hold the largest part of their holdings.
Consolidation authorities must adhere to statutory provisions when allotting chaks, ensuring tenure holders receive compact areas near their largest holdings.
Consolidation authorities must adhere to statutory provisions in allotting chaks, ensuring tenure holders receive a compact area at their largest holding and providing reasons for any deviations.
Consolidation authorities must adhere to statutory provisions when allotting chak(s) and provide justifications for deviations to ensure equitable treatment of tenure holders.
The consolidation authorities must allot compact areas reflecting legal rights under Section 19(1)(e), ensuring valid reasons for any deviations from the standard principles of allotment.
The consolidation authorities must ensure allotments adhere to the Act's provisions, balancing tenure holders' rights and equitable allocations.
Allotment of chak must prioritize proximity to original holdings, with the possibility of deviations only if justified by consolidation authorities.
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