Section 58 in The U.P. Gram Sabha, Gram Panchayat and Bhumi Prabandhak Samiti Manual
58. Allotment of land for building purposes [Rule 115-S, U.P.Z.A. & L.R. Rules]. [Substituted by Notification No. 256/Rajasva-1-3 (1)/71, dated 16/17th March, 1972.]
- Subject to the provisions of all allotments of land for building purposes shall be subject to the following terms and conditions-(a)the allottee shall have a heritable and a transferable interest in the site;(b)the allottee shall be liable to ejectment;(c)succession shall be governed by the personal law ;(d)if the building is abandoned or if the site owner dies without any heir entitled to succeed, the site and the building shall vest in the Gram Sabha.]Note. - Para 58, as it stood before amendment vide Notification No. 256/Rajasva-1-3(1)-71, dated 16/17th March 1972, is reproduced hereunder:"(1) No lease or licence in respect of Hat, Bazar or Mela by the Bhumi Prabandhak Samiti shall be made for a period exceeding one year except with the specific permission of the Government in the Revenue Department and then no lease or licence shall be made in favour of a person except by the public auction held in accordance with the procedure give below:(i)The auction shall be well advertised in the circle of the Gaon Sabha by beat of drum giving descriptions of the property to be auctioned and shall be open to the public :Provided that no one who has any dues of Bhumi Prabandhak Samiti outstanding against him shall be allowed to participate in the auction.(ii)The highest bidder shall have to deposit one-fourth of the bid money with the closure of the auction and the balance in three equal instalments each instalment being payable at the expiry of every three months calculated from the date of auction.(iii)The auction shall be closed in favour of the highest bidder and shall become final-(a)where no objections are filed-on the expiry of forty-two days, from the date of auction;(b)where any objections are filed-on the auction being confirmed by the Tahsildar or the Collector after disposal of objection of the appeal, as the case may be.(iv)Any resident of the Gaon Sabha where the property is situate or any other person interested in the same may, within forty-two days from the date of auction, file objection against the auction before the Tahsildar of the tahsil in which the Gaon Sabha exists who shall thereupon stay confirmation of the sale, by intimation in writing to the Bhumi Prabandhak Samiti concerned and disposes of the objection as expeditiously as possible in the manner given in clause (v);(v)The Tahsildar shall fix a date for hearing of objection and issue notice to the Bhumi Prabandhak Samiti concerned and the highest bidder of the auction to show cause and produce evidence, if any, on the aforesaid date as to why the auction should not be set aside. The objector shall also be served with a notice to produce upon on the said date of hearing such evidence, in support of his objection as he may like. After hearing the parties and considering the evidence produced, the Tahsildar shall, for reasons to be recorded in writing, pass order upholding or setting aside the auction. In particular, the Tahsildar will set aside the auction where he is of opinion that the auction was unfair or illegal or the highest bid offered was inadequate as compared to the average Did in the preceding three years. The order passed by the Tahsildar shall be immediately communicated to the Bhumi Prabandhak Samiti concerned, the highest bidder and the objector.(vi)Any party aggrieved by the decision of the Tahsildar under clause (v) may, within fifteen days of the date of the order, file an appeal to the Collector who shall call for the records of the case and pass orders after hearing the parties. The order of the Collector shall be final and conclusive and shall not be questioned in any Court of law.(vii)(a)Notwithstanding anything contained in clause (iii) when an objection has been filed under clause (iv), the Tahsildar may, within six months from the date of the auction, set aside the same on the ground of illegality and thereupon the lease or licence, if any, shall stand cancelled :Provided that no such order shall be passed without allowing the person concerned an opportunity of being heard.(b)Provisions of clause (vi) shall be applicable to such an order as if it were an order under clause (v).(viii)the proceedings of the auction shall be duly noted in B.P.S. Form 2 kept for this purpose."
