HONBLE RAM SURAT RAM, J. - (1.) HEARD Sri R.C. Singh, counsel for the petitioners and the Standing Counsel for the respondents.
(2.) IN pursuance of the order dated 8.10.2013 the counter affidavit has been filed and the original record relating to CH Form 29 has been produced before the Court today by the Standing Counsel. The writ petition has been filed for quashing the notification dated 28.3.2008 issued under Section 52 of U.P. Consolidation of Holdings Act, 1953(hereinafter referred to as "the Act") by which the consolidation operation in the village was finalised and the village has been denotified under the Act and the order of the Deputy Director of Consolidation dated 1.8.2013 by which the representation of the petitioners for quashing the notification under Section 52 of the Act has been rejected. Only a short point has been raised by the counsel for the petitioners that although chak carvation proceeding in the village was started by notification dated 5.2.1983 but neither the Provisional Consolidation Scheme has been confirmed nor demarcation of chaks and delivery of possession in pursuance of it has been made in accordance of Section 24 of the Act. The perusal of the Register CH Form 29 shows that the proceedings up to 5.2.1983 were recorded in this Register signed by the members of the Consolidation Committee as well as the villagers also. But the proceeding of 15.7.1985 has not been signed by either any of the members of the Consolidation Committee or by any of the villagers and is merely a paper endorsement. Thus, it is proved that demarcation of the chaks and delivery of possession has not been made in the presence of the members of the Consolidation Committee or the villagers. In such circumstances, issuance of notification under Section 52 of the Act was illegal as it is only after delivery of possession as provided under Section 24 of the Act the Provisional Consolidation Scheme comes into force and since the demarcation of chak and delivery of possession has not taken place as such the Provisional Consolidation Scheme has not been given effect to and the notification under Section 52 of the Act without coming into force the Provisional Consolidation Scheme was illegal.
(3.) THE Standing Counsel submits that at present there are several constructions going on in village Chamrawali Ramgarh, Tehsil Dadri district Gautam Budh Nagar and the nature of more than 60% of the land of the village has been changed as such demarcation of chaks in pursuance of the Provisional Consolidation Scheme and delivery of possession is not possible at present. In such circumstances the anomaly has arisen as in the record the names of different persons will be recorded but on the spot possession of different persons will be found. Thus, it will be appropriate that the District Deputy Director of Consolidation may conduct an enquiry and examine the record and if needed he may make a spot inspection also and in case demarcation of chak and delivery of possession in pursuance of the confirmed Provisional Consolidation Scheme is not possible he may submit a report for issuance of notification under Section 6 of the Act, closing the consolidation operation in the village and the record be corrected accordingly. In view of the aforesaid discussion the writ petition succeeds and is allowed. Notification under Section 52 of the Act dated 28.3.2008 so far as it is related to village Chamrawali Ramgarh, Tehsil Dadri district Gautam Budh Nagar and the order of the Deputy Director of Consolidation dated 1.8.2013 are quashed. The District Deputy Director of Consolidation is directed to make an enquiry after giving notice to the Consolidation Committee and the villagers and in case demarcation as well as delivery of possession in pursuance of the confirmed Provisional Consolidation Scheme is not possible he may submit a report for closing the consolidation operation in accordance with Rule 17 of U.P. Consolidation of Holdings Rules, 1954. The record be corrected accordingly and necessary orders in this respect shall be passed by him within a period of two months from the date of production of a certified copy of this order.;