Section 13 in The U.P. Imposition Of Ceiling On Land Holdings Act, 1960
13. Appeals. -
(1)Any party aggrieved by an order under sub-section (2) of Section 11 or Section 12, may, within thirty days of the date of the order, prefer an appeal to the [Commissioner] [Substituted by U.P. Act No. 3 of 1986 (w.e.f. 13.1.1986) for 'District Judge'. Section 4 of the Act No. 3 of 1986 provides : '4. Transitory provision. - All proceedings and appeals under Sections 13, 20 and 21 of the principal Act, pending immediately before the commencement of this Act before any District Judge, Additional District Judge, Civil Judge or Additional Civil Judge, shall stand transferred to the Commissioner and shall be disposed of by the Commissioner in accordance with the provisions of the principal Act as amended by this Act.] within whose jurisdiction the land or any part thereof is situate.(2)The [Commissioner] [Substituted by U.P. Act No. 3 of 1986.] for "District Judge" (w.e.f. 13.1.1986). shall dispose of the appeal as expeditiously as possible and his decision thereon shall be final and conclusive and be not questioned in any Court of law.(3)Where an appeal is preferred under this section, the [Commissioner] [Ibid.] may stay enforcement of the order appealed against for such time and on such conditions as may be considered just and proper :[Provided that the enforcement of the order appealed against shall not be stayed in respect of that part of the land the surplus character of which was either not disputed in an objection under sub-section (2) of Section 10 or under sub-section (2) of Section 11 or is not disputed in the appeal and any stay order passed under this sub-section before twenty-eighth day of September, 1970 shall, on an application being made in that behalf to the appellate Court by the State Government, be modified by that Court accordingly :Explanation. - For the purposes of this proviso any dispute respecting the regularity, validity or legality of a notice under Section 9 or Section 10 or of the proceedings before the Prescribed Authority shall not, by itself, be deemed to be a dispute respecting the surplus character of land.] [Substituted by U P. Act No. 35 of 1970.][13A. Redetermination of surplus land in certain cases. - (1) The Prescribed Authority may, at any time, within a period of two years from the date of the notification under [sub-section (4) of Section 14] [Inserted by U.P. Act No. 18 of 1973.], rectify any mistake apparent on the face of the record :Providing that no such rectification which has the effect of increasing the surplus land shall be made, unless the Prescribed Authority has given notice to the tenure-holder of its intention to do so and has given him a reasonable opportunity of being heard.(2)The provisions of Sections 10, 11, 12, 12-A, 13, 14, [15 and 16] [Substituted by U.P. Act No. 20 of 1976 (w.e.f. 10.10.1975).] shall mutatis mutandis apply in relation to any proceeding under sub-section (1), and for purposes of application of Section 10, the notice under the proviso to sub-section (1), shall be deemed to be a notice under Section 9.] [Substituted by U.P. Act No. 18 of 1973.][14. Acquisition of surplus land. - (1) The Collector shall at any time after -(a)in case, whether the order passed under sub-section (1) of Section 11 has become final, the date of its so becoming final; or(b)in case, where no appeal has been preferred under Section 13, the date of expiry of the period of limitation provided therefor; or(c)in case, where an appeal has been preferred under Section 13, the date of its decision,take possession of the surplus land determined under Section 11, Section 12 or Section 13 and also of any ungathered crop or fruits of trees, not being crops or fruits to which sub-section (1) of Section 15 applies, after evicting any person found in occupation of such land, crops or fruits and may for that purpose use or cause to be used such force as may be necessary.(2)Notwithstanding anything contained in sub-section (1) a tenure-holder may, at any time, voluntarily deliver possession to the Collector over the whole or any part of the land held by him which has been or is likely to be declared surplus under or in accordance with the provisions of the Act.(3)Where the Collector has taken possession of any surplus land or ungathered crops or fruits of trees under sub-section (1) or sub-section (2), such land, crops or fruits of trees shall, with effect from the date of his taking possession, stand transferred to and vest in the State Government free from all encumbrances and ail rights, title and interests of all persons in such land shall, with effect from such date, stand extinguished :Provided that the encumbrances, if any, shall attach to the amount payable under Section 17 in substitution for the surplus land.(4)The Prescribed Authority shall, as soon as may be after the date mentioned in clause (a), clause (b) or clause (c), as the case may be, of sub-section (1), notify in the Official Gazette every surplus land determined under this Act, or under Section 9 of the Uttar Pradesh Imposition of Ceiling on Land Holdings (Amendment) Act, 1974 or under Section 31 of the Uttar Pradesh Imposition of Ceiling on Land Holdings (Amendment) Act, 1976.] [Substituted by U.P. Act No. 20 of 1976 (w.e.f. 10.10.1975).]
