The court upheld the rights of agricultural laborers under Section 122-B(4-F) of the U.P. Zamindari Act, ruling that the disputed plots were not acquired by the State, thus confirming their status as Bhumidhars.

JUDGMENT :

Ashutosh Srivastava, J.

1. The aforesaid writ petitions raise identical questions of fact and law and are as such being decided together. The facts of Writ B No. 64760 of 2012 are being taken into consideration for deciding the issues involved. All the plots involved are stated to fall within the Municipal limits of Nagar Mahapalika, Allahabad and resumed by the State Government in exercise of powers under Section 117(6) of the U.P.Z.A. & L.R. Act.

2. Heard Shri Arun Kumar, learned counsel for the petitioner-Development Authority, Shri Rakesh Pandey, leanred Senior Counsel assisted by Shri Shailesh Upadhyay for the contesting respondent nos. 7 to 13, Shri D.D. Chauhan, learned counsel for the respondent no. 5 as also Shri Brijesh Ojha, learned counsel for the Respondent No. 6 and perused the record.

3. The instant writ petition has been filed questioning the legality, propriety and correctness of the order dated 10.10.2012 passed by the Board of Revenue, U.P. at Allahabad whereby and whereunder the order of the Additional Commissioner, Allahabad Division, Allahabad has been set aside and order of the S.D.O. granting benefit under Section 122-B (4-F) of the U.P.Z.A. & L.R. Act has been upheld. A prayer not to enforce the order dated 10.10.2012 against the petitioner Development Authority has also been prayed for.

4. The dispute relates to revenue plot nos. 949 area 1 Bigha 7 Biswa and Plot No. 953 area 1 Bigha 6 Biswa situate in village Phaphamau, Pargana, Tehsil Soraon, Allahabad. It is the case of the petitioner that pursuant to notifications u/s 4 and 6 of the Land Acquisition Act dated 29.11.1990 and 12.06.1991 respectively huge chunk of land measuring 387-0-1 Bighas situate in village Phaphamau, Pargana and Tehsil Soraon, Allahabad was acquired by the State of U.P. for the petitioner Development Authority for its planned development/construction of residential colony. The possession of the acquired land was delivered to the petitioner on 19.09.1991. An award dated 18.11.2003 was issued by the S.L.A.O. Nagar Mahapalika, Allahabad to the tune of Rs.4,72,97,799.94. Besides the aforesaid acquisition certain surrounding plots belonging to the Respondents No. 4 & 5 herein i.e. Plot No. 239, 841, 842, 925, 949 (plot in dispute), 953 (plot in dispute), 994 M were taken over by the State in exercise of power u/s 117(6) of the U.P.Z.A. & L.R. Act and possession thereof was also delivered to the petitioner Development Authority.

5. It is next contended by learned counsel for the petitioner that the Respondent No. 3 in Case No. 23 of 1990-91 (Munna Lal Vs. Gaon Sabha) u/s 122-B/229-B of the U.P.Z.A. & L.R. Act passed an order dated 26.02.1991 granting benefit of Section 122-B(4-F) of the U.P.Z.A. & L.R. Act to the private respondents in respect of Plot No. 841 area 0-14-0 and Plot No. 842 area 0-11-0. The exparte order dated 26.021991 was assailed in Revision No. 256 of 2006 before the Respondent No. 2, which allowed the same vide order dated 14.08.2008. The order dated 14.08.2008 was assailed in Revision before the Board of Revenue, which was allowed vide order dated 23.05.2011. The petitioner challenged the order dated 23.05.2011 before this Court by means of Writ Petition No. 59975 of 2011, which writ petition was dismissed for non prosecution on 13.12.2016 and its Restoration Application filed within time has been allowed.

6. It is further submitted that the Respondent No. 3 in Case No. 8 of 1990-91, Case No. 3 of 2004, Case No. 5 of 1990, orders were passed granting the benefit of Section 122-B(4-F) of the U.P.Z.A. & L.R. Act to the occupants however the respective orders were set aside in Revision by the Respondent No. 2. However the plots involved in the aforesaid case are not the subject matter of the instant writ petition.

7. It is next submitted that in Case No. 20 of 1990-91 (Girdhari Lal and Another Vs. Gaon Sabha) the Respondent No. 3 passed an order dated 26.02.1991 granting the benefit of Section 122-B(4-F) of the U.