- (1.) Heard Sri Yogesh Kumar Singh, counsel for the petitioner and Sri Rajiv Kumar Mishra for the caveators.
(2.) This writ petition has been filed against the orders of CO dated 9.6.1996 and DDC dated 30.5.2015, passed in chak allotment proceeding under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the "Act").
(3.) The dispute between the parties related to plot no. 257, area 242 links and plot no. 259, area 180 links. The land in dispute was recorded as banjar in basic consolidation record. It is alleged that after making the Statement of Principle, the notification u/s 9 took place on 31.12.1982. No one filed any objection u/s 9 of the Act within time. It is only on 1.11.1995, Ram Nawal Rai, Member of the Consolidation Committee, filed an objection for determination of valuation of plot no. 257 and reserving it as abadi. On this objection, a report was called for from the ACO. The ACO submitted his report dated 3.11.1995, showing that on plot no. 257 as well as on plot no. 259, various persons were in occupation by raising their constructions, huts, etc. as well as planting trees on it. Thereafter, the CO passed the impugned order dated 6.9.1996, by which, he has determined the valuation of plot no. 257, area 240 links and plot no. 259, area 40 links, @ 40 paise and subsequently, this land was allotted to the illegal occupants and in lieu of it, equal valuation has been taken from chaks of the illegal occupants.;