BALBIR SINGH Vs. STATE OF UTTARAKHAND AND OTHERS
LAWS(UTN)-2012-7-107
HIGH COURT OF UTTARAKHAND
Decided on July 20,2012

BALBIR SINGH Appellant
VERSUS
State of Uttarakhand and others Respondents

JUDGEMENT

Barin Ghosh, C.J. - (1.) (Oral) - A newspaper report has propelled filing of the present Public Interest Litigation. In the I report, it has been stated that on large chunks of land, illegal plottings are being made.Petitioner has annexed photographs showing plotting of lands. That those plottings are illegal have not been attempted to be established. On the other hand, Sub section (1) of Section 142 of the U.P. Zamindari Abolition and Land Reforms Act, 1950, which is also applicable to the State of Uttarakhand, provides as follows:- "A bhumidhar with transferable rights shall, subject to the provisions of this have the right to exclusive possession of all and of which he is a bhumidhar and to use it for any purpose whatsoever."
(2.) Then again, Sub section (1) of Section 143 of the said Act provides, where a bhumidhar with transferable rights uses his holding or p6 thereof for a purpose not connected with agriculture, horticulture or animal husbandry which includes pisciculture and poultry farming, the Assistant Collector in charge of the sub-division may, suo motu or on an application, after making such enquiry as may be prescribed, make a declaration to that effect.
(3.) The heading of 6 143 of the Actis 'Use of holding for industrial or residential purposes'. Therefore, the law of the and permits a bhumidhar with transferable rights to use agricultural land for any other purpose, as he deems fit and proper. Petitioner, therefore, has not established any illegality in the subject matter of complaint contained in the writ petition.;


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