Center For Environment Protection Cep ... vs Union Of India Through Secretary ... on 19 January, 2022
(Phool Singh Vs. State of U.P. and Others), has held that the
provisions of Section 161 of the U.P. Zamindari Abolition and
Land Reforms Act, 1950, enables the Gaon Sabha to effectively
manage its land bank and use it to the optimal in public
interest. It also facilitates the land owner or the bhumidhar to
enter into a settlement which is beneficial to both parties.
Notwithstanding the above, Section 161 is not envisaged to be
a tool or measure to camouflage, overcome, legalise or
legitimize the illegality. It is not meant to be used as an
instrument or device to regularize or validate the illegality. It
does not and cannot in law be countenanced as being a
provision aimed at curing an illegality or according ipso facto
approval to illegal act of usurpation or encroachment. It is not
entitled to be viewed as either endorsing or legitimizing an
illegality. Section 161 is essentially aimed at enabling a party
to switch, barter or exchange land to the mutual benefit of
both parties. A party cannot first encroach, trespass or intrude
and then claim a right to exchange. The person who has
encroached or trespassed upon land cannot subsequently turn
around and seek condonation of that act or any infraction by
seeking an exchange.