- (1.) Heard Sri S.M.A. Abdy, Learned Counsel for the Petitioners, Sri Pradeep Kumar for the Nagar Palika Parishad and the learned Standing Counsel Sri Rajesh Kumar for the Respondents 1 and 3.
(2.) This matter had been heard by the Court on 18th July, 2011 on which date the following order was passed: The matter was heard at length. The Petitioners seek declaration of right over the land in dispute on the basis of a lease/patta stated to have been granted by Gaon Sabha, Parade Chhawani, district Etawah on 19th July, 1980. The findings recorded by the authorities below are to effect that the Gaon Sabha had no authority to execute any such lease, inasmuch as, by virtue of the Notification dated 11th August 1954, the management of the village in question had been vested in the District Municipality in exercise of the powers under Section 117 of the U.P. ZA & L.R. Act The said Notification is Annexure-5 to the writ petition. Learned Counsel for the Petitioners countered the said objections by inviting the attention of the Court to the Notification dated 10th September, 1985 stated to have been issued under the U.P. Act No. 26 of 1947 (U.P. Panchayat Raj Act) and the subsequent Notification dated 4th February, 1991 stated to have been issued under the provisions of the Municipalities Act, 1916. I have perused both these notifications which are clearly in relation to delimitation of constituency and are not the Notifications de-notifying the village as provided for under Section 117 of the Act. Learned Counsel for the Petitioners then contends that the note appended to the Notification dated 10th September, 1985 rescinds the Notification dated 11th August, 1954. This argument also cannot prima facie be accepted as the notification is in relation to the elections of the Gaon Sabha and is not in relation to the management of the properties of the Gaon Sabha which stood vested in the Municipality. The Petitioners will, therefore, have to establish anything to the contrary as against the notification under Section 117 of the Act dated 11.8.1954. Learned Counsel for the Petitioners seeks time to further study the matter. List in the next cause list.
(3.) Learned Counsel for the Petitioners Sri Abdy has filed a supplementary affidavit today bringing on record two notifications dated 27th July 1966 and 18th February, 1978. These notifications are in exercise of the powers under the U.P. Panchayat Raj Act, whereby the power was delegated to the Director to issue notifications and accordingly the Director had issued a notification under such delegation on 18th February, 1978. With the aid of these two notifications Sri Abdy submits that the notification dated 11th August, 1954 will be deemed to have been modified and be asserted. He therefore contends that in view of the provisions of Section 3 of U.P. Panchayat Raj Act, 1947, the powers so exercised by the Director will amount to rescinding the notification dated 11th August, 1954.;