Section 42 in The U.P. Gram Sabha, Gram Panchayat and Bhumi Prabandhak Samiti Manual
42. (A) Allotment or cancellation of lease [Section 198 (4) to (8), U.P.Z.A. & L.R. Act, 1950].
- The [Collector] [Substituted by U.P. Act No. 27 of 2004, Section 10(b), for the words 'Assistant Collector incharge of the sub-division'.] may of his own motion and shall on the application of any person aggrieved by an allotment of land enquire in the manner prescribed into such allotment and if he is satisfied that the allotment is irregular, he may cancel the allotment and the lease, if any [See sub-section (4) of Section 198, U.P.Z.A. & L.R. Act].[* * *] [[Sub Section (4-A) of Section 198 omitted by U.P. Act No. 27 of 2004, Section 10(c); before omission sub-section (4-A) was stood as under :'(4-A) The Collector may on his own motion or on the application of any aggrieved person call for the record of any suit or proceeding under sub-section (4) decided by the Assistant Collector-in-charge of the sub-division for the purpose of satisfying himself as to the legality or propriety of any order passed in such suit or proceedings and if such Assistant Collector-in-charge of the sub-division appears to have-(i)exercised a jurisdiction not vested in it by law; or(ii)failed to exercise a jurisdiction so vested ; or(iii)acted in the exercise of jurisdiction illegally or with material irregularity, the Collector may pass such order in the case as he thinks fit and every order passed by the Collector under this sub-section shall be final.']]No order for cancellation of an allotment or lease shall be made under sub-section (4), unless a notice to show cause is served on the person in whose favour the allotment or lease was made or on his legal representatives :Provided that no such notice shall be necessary in proceedings for the cancellation of any allotment or lease where such proceedings were pending before the Collector in any other court or authority on August 18, 1980. [See sub-section (5) of Section 198, U.P.Z.A. & L.R. Act].Every notice to show cause mentioned in [sub-section (5)] may be issued:-(a)in the case of an allotment of land made before November 10, 1980 (hereinafter referred to as the said date), before the expiry of a period of seven years from the said date; and(b)in the case of an allotment of land made on or after the said date, before the expiry of a period of five years from the date of such allotment or lease, or upto November 10, 1987, whichever be later. [See sub-section (6) of Section 198, U.P.Z.A. & L.R. Act].Where the allotment or lease of any land is cancelled under sub-section (4), the following consequences shall ensue, namely-(i)the right, title and interest of the allottee or lessee or any other person claiming through him in such land shall cease and the land shall revert to the Gram Sabha ;(ii)the [Collector] [Substituted by U.P. Act No. 27 of 2004, Section 10(d), for the words 'Assistant Collector incharge of the sub-division.'] may direct delivery of possession of such land forthwith to the Gram Sabha after ejectment of every person holding or retaining possession thereof and may for that purpose use or cause to be used such force as may be necessary. [See sub-section (7) of Section 198, U.P.Z.A. & L.R. Act].[Every order made by the Collector under sub-section (4) above shall, subject to the provisions of Section 333, be final.] [Sub-section (8) of Section 198, U.P.Z.A. & L.R. Act, 1950 substituted by U.P. Act No. 27 of 2004, Section 10(2).] [See Sub-section (8) of Section 198, U.P.Z.A. & L.R. Act].Notes. - (1) The Collector shall not suo motu initiate proceeding for cancellation of an allotment executed in favour of the members of the armed forces of the Union of India or his/her husband or their minor sons. [Vide G.O. No. 453/I-A-8-2-(2)-70, dated 7th August, 1970].(2)Collector shall not cancel suo motu any allotment on technical ground or where the allottee was entitled under the aforementioned paras to be admitted as sirdar or asami. [Vide G.O. No. 1532-A/I-A-8-2(5)-67, dated 21st October, 1969].(B)Settlement of land, etc. [Rule 178-A, U.P.Z.A. & L.R. Rules]. - (1) Where the settlement of land made by the Bhumi Prabandhak Samiti, as approved by the Collector is challenged under sub-section (4) of Section 198, U.P.Z.A. & L.R. Act by any person aggrieved or where the Collector intends to take suo motu action, the Collector may pass suitable interim orders by way of stay of proceedings or otherwise.(2)Where the Collector makes an enquiry under sub-section (4) of Section 198, U.P.Z.A. & L.R. Act the Bhumi Prabandhak Samiti and the allottee of land shall be made parties and be given an opportunity of being heard before the final orders are passed.(3)As soon as any allotment is cancelled and the Bhumi Prabandhak Samiti gets possession over the land under this para the Samiti shall take necessary action for lease of such land under the aforesaid Paras.
