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SAURABH SHYAM SHAMSHERY
Gauri Shankar – Appellant
Versus
D. D. C. – Respondent
JUDGMENT
Saurabh Shyam Shamshery, J.
Petitioners claimed that they were tenure holder of plot Nos. 179/2 area 0.897 hectare and 177 area 0.201 hectare situated at Tehsil Nazibabad, District Bijnor, along with other certain land. It was the case of petitioners that said plots of land were being used as abadi and for commercial purpose for last 30 years.
2. The village concerned was brought under consolidation scheme on 18/8/1992 when the notification under section 4 of the Uttar Pradesh Consolidation of Holdings Act, 1953 (for short "Act of 1953") was issued. It was further case of the petitioners that after above referred notification, proceedings were initiated under section 143 of U.P. Zamindari Abolition and Land Reforms Act, 1950 (for short "Act of 1950") and on basis of reply filed by petitioners, concerned authority by an order dated 15/1/1994 declared above referred land in dispute to be non agricultural with a further direction for Amaldaramad.
3. It appears that order was not implemented and meanwhile during consolidation proceedings, above referred land was reserved for purpose of an Ambedkar Park and for Abadi of Weaker Section of Society, after determining its valuation.
Legal proceedings initiated after the issuance of consolidation notifications are invalid under the Uttar Pradesh Consolidation of Holdings Act, 1953, as outlined in Section 5(2), and proper filing o....
A party must file timely objections under the Uttar Pradesh Consolidation of Holdings Act, or claims related to land within the consolidation scheme are deemed invalid, and previous orders cannot be ....
Parties must show vested interest to contest consolidation proceedings; the Revisional Authority has the power to rectify procedural lapses under Section 48 of the U.P. Consolidation of Holdings Act,....
Failure to file objections against the Statement of Principles under Section 9-B invokes the bar of Section 11-A, preventing subsequent claims in consolidation proceedings.
The U.P. Consolidation of Holdings Act allows authorities to adjudicate on land rights even when a wrong provision is cited, as long as they possess the necessary jurisdiction.
Tenure Land - Once a dispute was recorded by Assistant Consolidation Officer and on objection being filed same was referred to Consolidation Officer, it is incumbent to Consolidation Officer to decid....
Petitioners' failure to timely assert their land rights bars their claim under the U.P. Consolidation of Holdings Act, 1953.
Land consolidation – Determination of share of parties – Authorities cannot import principles of Hindu law while determining share of parties who are Mohammedans.
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