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SANGEETA CHANDRA, BRIJ RAJ SINGH
Ravindra Kumar Verma – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Sangeeta Chandra, J.
1. We have heard Sri R. S. Pande, learned Senior Counsel assisted by Sri Ankit Pande alongwith Shri Manish Mani Sharma, Shri Mohammad Yusuf Siddiqui, Ms. Pooja Devi, Shri Virendra Bhatt, Shri Gajendra Yadav and Shri Manoj Kumar Gupta, learned counsel appearing for the petitioners in all these writ petitions learned counsel for the petitioners, Sri Sudeep Seth, learned Senior Advocate assisted by Sri Atul Kumar Dwivedi, learned counsel for the N.T.P.C. and Sri Manish Mishra, learned Additional Chief Standing Counsel for the State Respondents.
2. All the four writ petitions have been taken up together as they chellenge a common order of Resumption passed by the Commisioner Faizabad Division, dated 21.02.2013 and related to land recorded as Category 6(2) Abadi and Para A-124 of the Uttar Pradesh Land Records Manual in three villages of Salahpur Rajor, Hussainpur and Hasanpur Sudhana in Tehsil- Tanda, District- Ambedkar Nagar. The said land has been resumed for the purpose of setting up second unit of 660 Megawatts of Tanda Thermal Power Plant by National Thermal Power Corporation (hereinafter referred to as NTPC).
3. For the convenience of exposition, this
The court affirmed that land recorded as Abadi under the U.P. Zamindari Abolition and Land Reforms Act, 1950, remains vested in the State, allowing for resumption under Section 117(6) despite claims ....
Fraudulent entries in revenue records do not confer legal rights; land designated as forest is public utility land and cannot be claimed without proper legal basis.
The authority's order beyond jurisdiction is void; the previous order remains intact while directing a merits-based decision on the pending application.
Rights of gram panchayat - There is no absolute right given to Gram Panchayat with regard to ownership of property and that vesting is only confined to direction, management and control and that too,....
Occupancy tenants' rights must account for the entirety of jointly held land in resumption applications under the M.P. Land Revenue Code, ensuring equitable treatment under tenancy laws.
The court ruled that the State must provide evidence of actual possession for land recorded as surplus; mere vesting does not confer ownership rights post-repeal without taking possession.
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