Section 26 in U.P. Zamindari Abolition and Land Reforms Rules, 1952
26. Private wells and buildings.
(a)Subject to sub-rule (h), the site of a [* * *] [Deleted by Notification No. 1130/I-A-1699-1958, dated 11.03.1954.] well [* * *] [Deleted by Notification No. 1130/I-A-1699-1958, dated 11.03.1954.] or building along with the area appurtenant thereto situate within the limits of an estate shall be deemed to be settled with the owner of the said well, [* * *] [Deleted by Notification No. 1130/I-A-1699-1958, dated 11.03.1954.] or building, on the following terms and conditions :(i)He shall have a heritable and transferable interest in the site.(ii)He shall not be liable to ejectment on any ground whatsoever.(iii)He shall have the right to use the site for any purpose whatsoever subject to the existing rights to casement.(iv)Succession shall be governed by personal law.(v)If the building is abandoned or if the well goes out of use, or if the owner dies without any heir entitled to succeed, the site shall escheat to the State.(vi)(1) He shall pay to the Gaon Sabha rent for the site equal to the amount of rent payable therefor on the date immediately preceding the date of vesting. He shall however not be liable to pay any rent for the site if no such rent was payable on the date.(2)[(i) In case the site is assigned for any public purpose, such as roads, hospitals, dispensaries, schools and the like, which will not yield any income either in the present or in the near future to the individual or body assigning it the [Goan Sabha] [Added by Notification No. 315-R(4)/I-A-1942-1955.] [or the assignor] [Inserted by Notification No. 3195/I-A-3594-59.] shall report the fact to the Collector, giving the details of the land and the amount of rent involved. The Collector may exempt the site from the payment of rent for so long as it is utilized for any purpose of the nature indicated above(ii)When such exemption has once been sanctioned by the Collector the [Gaon Sabha] [Substituted by Notification No. 5846/I-A-270-61.] may sanction the continuance of exemption from year to year so long as the land is being put to the same use.(iii)At the beginning of every revenue year the [Gaon Sabha] [Substituted by Notification No. 5846/I-A-270-61.] shall enquire whether all land in respect of which exemption has been allowed is still used for the purpose which made it eligible for exemption. If it is found that the land or any portion thereof has ceased to be so used or though used for the same purpose as before has started to yield an income to the body or the individual concerned the [Gaon Sabha] [Substituted by Notification No. 5846/I-A-270-61.] shall report the fact to the Collector with necessary details. The Collector may, after making such inquiry as he considers necessary, direct that the exemption from the payment of rent should cease wholly or in part, as the case may demand.(3)The person or body assigning the site [unless the assignment is of the entire interest of such person or body in the same] [Inserted by Notification No. 3195/I-A-03594-59.], has no right to claim exemption from the payment of rent as a matter of course. Such exemption can only be granted by the Collector who has full discretion to reject any case which does not completely fulfill the requirements of sub-clause (2)(i) above.](b)The site of a private well or a building in a holding or grove shall be deemed to be settled with the tenure holder on the same tenure as the holding or the grove in which it is situate.[* * *] [Deleted by Notification No. 1241/I-A-588-62, dated 25.03.1963.]
