Section 46 in The U.P. Gram Sabha, Gram Panchayat and Bhumi Prabandhak Samiti Manual
46. Allotment of land for housing site.
- (1) Existing rights to be continued. - The existing rights of people living in abadi shall not be interfered with, particularly with their rights to land, in which they tie their cattles, drump and fix kolhu. If for any reason, it becomes necessary to change location, other land should be allotted for the purpose.(2)Certain house sites to be settled with existing owners thereof [Section 123, U.P.Z.A. & L.R. Act & Rule 115-T]. - Without prejudice to the provisions of Section 9, where any person referred to in sub-section (3) of Section 122-C of the U.P.Z.A. & L.R. Act [sub-para (3) of Para 47] has built a house on any land referred to in sub-section (2) of this section, not being a land reserved for any public purpose, and such house exists on the [1st May, 2002] [Substituted by U.P. Act No. 11 of 2002, Section 3, for the words and figures '3rd June, 1995' (w.e.f. 21-6-2002).], the site of such house shall be held by the owner of the house on the terms and conditions mentioned under Rule 115-T of U.P.Z.A. & L.R. Rules, as may be prescribed.Explanation - For the purposes of sub-section (2) of Section 123, UP.Z.A. & L.R. Act, a house existing on the [1st May, 2002] [Substituted by U.P. Act No. 11 of 2002, Section 3, for the words and figures '3rd June, 1995' (w.e.f. 21-6-2002).] on any land held by a tenure-holder shall, unless the contrary is proved, be presumed to have been built by the occupant thereof, and where the occupants are members of one family by the head of that family.(3)House vested in Gram Sabha [Rule 115-U, U.P.Z.A. & L.R. Rules]. - (1) Where any person referred to in sub-section (3) of Section 122-C of U.P.Z.A. & L.R. Act has built a house on land held by a tenure-holder (not being a Government lessee) and such house exists on the fifteenth day of March, 1974, the site of the house shall be deemed to be held by the owner of the house on terms and conditions enumerated in sub-rules (2) to (7) below :(2)The owner of the house as well as his heirs shall have a heritable interest in the site and shall also have unrestricted right to use the trees and wells existing on the site subject to existing rights of easements.(3)He shall have a right to use the site for constructions of a residential house, subject to existing rights of easement.(4)The owner of the house shall not be liable to pay to the tenure-holder or the State Government any future rent in respect of the site.(5)The succession over the site shall be governed by personal law to which the house owner was subject to.(6)The owner of the house and his heirs shall not be liable to ejectment on any ground whatsoever.(7)If the building is abandoned or if the owner thereof dies without any heir entitled to succeed, the land or site shall escheat to the State.(8)The tenure-holder shall be allowed remission of the proportionate land revenue for the portion of his holding settled under this rule with house owners. The land shall also be classified as abadi in the annual register maintained under the U.P. Land Revenue Act 1901.Allotment of Land for Housing Site for Members of Scheduled Caste, Agricultural Labours, Etc.A-Abadi Sites for Preferential Categories
