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State of Uttar Pradesh - Section

Section 187A in The U.P. Zamindari Abolition and Land Reforms Act, 1950

187A. [ [Added by U.P. Act No. 20 of 1954.]

(1)When the Collector has reasons to believe upon information or otherwise that any land the area whereof exceeds twelve and half acres or such higher limit as may be prescribed for any district included in the holding of a bhumidhar [* * *] has not been used for three consecutive years immediately preceding for a purpose connected with agriculture, horticulture or animal husbandry which includes pisciculture and poultry farming, he may, unless a declaration under Section 143 has been obtained in respect thereto, require the bhumidhar [* * *] [Omitted by U.P. Act No. 8 of 1977 (w.e.f. 28.01.1977).] thereof to show cause why the land be not let out for purposes of agriculture to any person.
(2)The notice under sub-section (1) shall state the grounds for believing that the land has not been used as referred to above, the period for which it is proposed to let it out to an asami and such particulars as may in his opinion be necessary for the information of the bhumidhar [* * *] [Omitted by U.P. Act No. 8 of 1977 (w.e.f. 28.01 1977).] concerned.
(3)If the bhumidhar [* * *] [Omitted by U.P. Act No. 8 of 1977 (w.e.f. 28.01.1977).] appears and satisfies the Collector-
(a)that the land was used for a purpose connected with agriculture, horticulture or animal husbandry which includes pisciculture and poultry farming within the period mentioned in sub-section (1);
(b)that he had sufficient cause for not so using it; or
(c)that he shall, within six months next following the date of service of the notice mentioned in sub-section (1) use the land for a purpose connected with agriculture, horticulture or animal husbandry, which includes pisciculture and poultry farming or obtain a declaration under Section 143.
he shall in cases mentioned in Clauses (a) and (b) discharge the notice forthwith and in case of (c) postpone the order to a date six months after the date of service of said notice.
(4)On the date fixed under sub-section (3) or any other date on which the case may be taken up the Collector shall if the land has been used for a purpose as aforesaid, discharge the notice, or unless for reasons to be recorded he allows further time, let out the land to an asami in the manner and upon terms to be prescribed and all the provisions of this Act, relating to an asami belonging to the class mentioned in Clause (b) of Section 133 shall apply to such asami as if he had been admitted to the land by the bhumidhar [* * *] [Omitted by U.P. Act No. 8 of 1977 (w.e.f. 28.01.1977).] personally.
(5)If the bhumidhar [* * *] [Omitted by U.P. Act No. 8 of 1977 (w.e.f. 28.01.1977).] does not appear in reply to the notice under sub-section (1) and the Collector is, after such further enquiries as he may consider necessary, satisfied that the bhumidhar [* * *] [Omitted by U.P. Act No. 8 of 1977 (w.e.f. 28.01.1977).] has failed to use the land as aforesaid during the period referred to in sub-section (1), he shall, unless he decides to discharge the notice, let out the land to an asami in the manner and upon terms to be prescribed and all the provisions of this Act, relating to an asami belonging to class mentioned in Clause (b) of Section 133 shall apply to such asami as if he had been admitted to the land by the bhumidhar [* * *] [Omitted by U.P. Act No. 8 of 1977 (w.e.f. 28.01.1977).] personally.
(6)It shall be lawful for the Collector instead of himself letting out the land to direct the Land Management Committee to do so.
(7)An appeal against the orders of the Collector under sub-section (4) or (5) directing the land to be let to an asami shall he to the Commissioner.]