JUDGEMENT
-
(1.) The dispute is with regard to 0.430 hectare of land of Khasra No. 638 situate in village Gujarhedi, Tehsil Sadar, District Muzaffar Nagar. Petitioner filed an application before the Assistant Collector (First Class) and claimed benefit of Sub-Section 4-F of Section 122B of U.P.Z.A. & L.R. Act, 1950 (hereinafter referred as Act). The said application was decided on 27.7.1998 and it was held that the land in dispute is land of public utility under Section 132 of the Act and therefore, petitioner cannot acquire any Bhumidhari rights over the said land. However, in view of his long possession, it was provided that petitioner is not liable to be evicted from the same.
(2.) The aforesaid order was reviewed on 11.06.09 and the portion of the order dated 27.7.98 whereby it was provided that the petitioner will not be evicted from the land in dispute was ordered to be deleted.
(3.) The order passed on review was challenged by the petitioner in revision before the Additional Commissioner (Administration). The revision was allowed on 20.10.09 and the order passed in review on 11.6.09 was set aside on the ground that there was no justification for review of the order after more than 10 years and the proper remedy available was to challenge the order in the higher forum.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.