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SAURABH LAVANIA
Lalmani – Appellant
Versus
Deputy Director of Consolidation Behraich – Respondent
JUDGMENT
Saurabh Lavania, J.
Heard Sri Mohan Singh, learned counsel for the petitioner and Sri Hemant Kumar Pandey, learned counsel for the State.
2. Under challenge are the order(s) dated 29.07.1985 passed by the respondent No.1 -Deputy Director of Consolidation, Behraich, 14.09.1985 passed by the respondent No.2-Settlement Officer of Consolidation, Behraich and 19.12.1985 passed by the Consolidation Officer.
3. The issue in the present petition relates to allotment of Chak(s) during consolidation proceedings. Record of the petition shows that the Assistant Consolidation Officer provided Chak(s) to petitioner (Lal Mani now Deceased) on the original holdings/gata(s) including Gata(s) No. 2916 and 2917 and further, the chak which was carved out by Assistant Consolidation Officer was in front of home of the petitioner. Respondent No.3-Consolidation Officer, Bhinga, District-Behraich vide his order dated 19.07.1985 provided Chak(s) to the private opposite parties in front of the house of the petitioner. Thus, the Consolidation Officer disturbed arrangement/allotment made by the Assistant Consolidation Officer. Being aggrieved, the petitioner approached the respondent No.2-Settlement Of
The court mandated strict compliance with prior judicial orders by the Deputy Director of Consolidation, ensuring that adjustments to chak holdings do not violate past rulings.
The consolidation authorities must ensure allotments adhere to the Act's provisions, balancing tenure holders' rights and equitable allocations.
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 when allotting chak(s) and provide justifications for deviations to ensure equitable treatment of tenure holders.
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 modification of plot allocation that renders it unfit for cultivation contradicts the purpose of the U.P. Consolidation of Holdings Act, requiring respect for original allocations essential for e....
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.
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