Section 70 in The U.P. Gram Sabha, Gram Panchayat and Bhumi Prabandhak Samiti Manual
70. Notice to refrain for causing damage, etc. [Rule 115-D, U.P.Z.A. & L.R. Rules].
(1)Where the Bhumi Prabandhak Samiti or the local authority, as the case may be, fails to take action in accordance with Section 122-B, the Collector shall-(a)on an application of the Chairman, Member or Secretary of the Samiti; or(b)on a report made by the Lekhpal under sub-rule (3) of Rule 115-C; or(c)on the report of the local authority concerned or its official referred to in the proviso to sub-rule (5) of Rule 115-C ; or(d)on facts otherwise coming to his notice, call upon the person concerned through notice in Z. A. Form 49-A to refrain for causing damage or misappropriation, to repair the damage or make good the loss or remove wrongful occupation and to pay damages or to do or refrain from doing any other thing as the exigencies of the situation may demand or to show cause against it in such time not exceeding fifteen days, as may be specified in the notice.Note. - Where any agricultural labourer belonging to Scheduled Caste or Scheduled Tribe is in occupation of any land vested in a Gram Sabha under Section 117 (not being land mentioned in Section 132) having occupied it from before 1st May, 2002 and the land so occupied together with the land if any, held by him from before the said date as bhumidhar, sirdar or asami does not exceed 1.26 hectares (3.125 acres), then, no action shall be taken against such labourer by the Bhumi Prabandhak Samiti or the Collector and he shall be admitted as bhumidhar with non-transferable right of that land under Section 195 and it shall not be necessary for him to institute a suit for declaration of his right as bhumidhar with non-transferable rights in that land.(2)Before issuing a notice under sub-rule (1) of Rule 115-D the Collector may make such inquiry as he deems proper and may obtain information on the following points:(a)full description of damage or misappropriation caused or the wrongful occupation made with details of village, mohalla or ward, plot number, area, boundary, property damaged or misappropriated and market value thereof ;(b)full address alongwith father's name of the person responsible for the damage, misappropriation or wrongful occupation;(c)period of wrongful occupation, damage or misappropriation, class of soil of the plot numbers involved and hereditary rates applicable to them ; and(d)value of the property damaged or misappropriation calculated at the prevailing market rate in the locality.Note. - Collector shall make every endeavour that objection filed under this para may be disposed of finally within a period of two months from the date of filing objections and no party comes more than twice or thrice in his court. [Vide G.O. No. 7887/Rajasva-1/72, dated 7th August, 1972].Powers under Rules 115-C to 115-F of U.P.Z.A. & L.R. Rules have been conferred on Tahsildar and Assistant Collector-in-charge of sub-division. Hence, report under Para 69 may be submitted to either of them, who may take action as laid down in following para:"If during the course of enquiry in proceeding under this para, any person showing cause has submitted evidence, which appears to Collector to raise any real question of title, Collector will require by order from such person to file a suit for declaration of his title in Court of competent jurisdiction within a period of three months from the date of such order and stay further action. If such person succeeds afterwards in his suit the enquiry against him shall be banned. Where above referred person fails to file such suit within the said period or where suit, if filed, is dismissed, the Collector shall direct that-(i)such person be ejected and for this purpose, such force can be used or cause to be used, as may be essential, and(ii)the amount of compensation for damages or misappropriation or wrongful occupation, as the case may be, be recovered from such person as arrears of land revenue."
