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SAURABH SHYAM SHAMSHERY
Shyam Singh – Appellant
Versus
Dy. Director of Consolidation – Respondent
JUDGMENT
Saurabh Shyam Shamshery, J.
Heard Sri Vishnu Singh, learned counsel for the petitioners and Sri M.K.Tripathi, learned counsel for respondents.
2. This proceeding is arising out of chak allotments among the parties herein during consolidation proceedings.
3. Initially, one chak on Plot No.794 and others was allotted to the petitioner no.1 Shyam Singh and it was maintained at the stage of Consolidation Officer also.
4. Petitioner no.1, Shyam Singh was satisfied with the allotment of one single chak on his respective original number however, on a limited issue of valuation of land, he filed an appeal before the Settlement Officer of Consolidation, Saharanpur.
5. One Sher Singh as well as some other chak holders have also filed rest of the appeals.
6. The Assistant Settlement Officer of Consolidation decided about 33 appeals by a consolidated order dated 15.2.1989 and by a small order disposed of all the appeals and approved an amended table of allotment of chaks.
7. Petitioners herein remained aggrieved that the order has more adversely affected them as number of chaks which were one at the stage of Consolidation Officer were increased to two and also kept their original plots
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 revisional authority under the U.P. Consolidation of Holdings Act can alter allotments if it considers the comparative hardship of all tenure holders, ensuring a just exercise of jurisdiction.
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 Deputy Director of Consolidation must consider comparative hardship when exercising revisional jurisdiction under the U.P. Consolidation of Holdings Act.
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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