77. Bhumidhar rights not to accrue in certain lands.
- [(1)] [Renumbered by U.P. Act No. 4 of 2016, dated 11.3.2016.] Notwithstanding anything contained in this Code or any other law for the time being in force; no person shall acquire the rights of a bhumidhar in the following land : -(a)Khaliyan, manure pits, pasture land or land normally used as burial or cremation ground;(b)land covered by water and used for the purpose of growing singhara or other produce;(c)land situate in the bed of a river and used for casual or occasional cultivation;(d)such tracts of shifting or unstable cultivation which the State Government may by notification specify;(e)land declared by the State Government to be intended or set apart for taungya plantation and notified as such;(f)grove land entrusted or deemed to be entrusted to a [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.] or any other local authority under Section 59;(g)land included in sullage farm or trenching ground entrusted or deemed to be entrusted to a [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.] or any other local authority under Section 59;(h)had acquired or held for a public purpose or a work of public utility;(i)land covered by a pond, tank or lake, or forming part of an embankment, bandh or bhita; and(j)any other land which the State Government may, by notification, specify in this behalf;Explanation. - The expression 'public purpose', in clause (h) shall include :-(i)land set apart for military camping ground;(ii)land included within railway or canal boundaries;(iii)land acquired and held by a local authority for its own purposes;(iv)land referred to in Section 29-C of the Uttar Pradesh Consolidation of Holdings Act, 1953; or(v)land reserved by a [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.] for the purposes of public utility :[***] [Omitted 'Provided that the land use of public utility land except the land of pond, grave-yard, cremation ground, Idgah land covered by forest, religious places or site of Holi, can be changed by the State Government for public interest in the manner as may be prescribed.' by U.P. Act No. 4 of 2016, dated 11.3.2016.](2)[ Notwithstanding anything to the contrary contained in other provisions of this Code, where, any land or part thereof specified in sub-section (1) of this section is, surrounded by or, in between, the plot or plots of land purchased, acquired or resumed for public purpose, the State Government may, change the class of such public utility land, and if the class of such public utility land is changed, any other land equivalent or more than that of public utility land aforesaid, shall be reserved for the same purpose [in the same or any nearby Gram Panchayat] [Inserted by U.P. Act No. 4 of 2016, dated 11.3.2016.] or other local authority, as the case may be or State Government may permit the exchange thereof under Section 101 of this Code, in the manner prescribed:Provided that the class of any public utility land may be changed only in exceptional cases on such terms and conditions, as may be prescribed. The reason for changing the class of public utility land shall be recorded in writing.(3)The State Government, while changing the class of the land or permitting the exchange of the same under Section 101 of the Code, shall consider the location, public utility and suitability of the land proposed to be reserved or exchanged.(4)If class of land is changed under sub-section (2) of this section, the Collector shall order the record of rights (Khatauni) and the map to be corrected accordingly.Explanation. - The expression 'public purpose', in sub-section (2) of this section means, mutatis mutandis, 'the public purpose' as defined in clause (za) of Section 3 of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act No. 30 of 2013).]
