S.U.Khan, J. - (1.) Heard learned Counsel for the parties.
(2.) This writ petition is directed against order dated 11.3.1983 passed by Deputy Director of Consolidation, Banda in Revision Nos. 812, 854, 832 and 831. Plot No. 813 which is just adjacent to the road was original holding of petitioner and his brothers. Main grievance of the petitioner is that area of said plot was 0.38 acres, however, by the impugned order of Deputy Director of Consolidation (D.D.C.) only an area of 0.15 acres of the said plot has been given to him and the rest area has been given to respondent No. 1. Learned Counsel for respondent No. 1 has argued that his original holding i.e. Plot Nos. 814 and 815 were also almost adjacent to the road. In between the said plots and the road only plot No. 813 intervens. Agricultural land adjoining or just adjoining to the road has got immense market value as it has got commercial potential. Its real value cannot be ascertained in accordance with the formula provided under U.P. Consolidation of Holding Act and the rule framed thereunder for determining valuation of different kinds of land which basically takes into consideration productive potential of the land. Land adjacent to the road even if it is agricultural land has got commercial potential hence its market value is several time higher than of the land which may be used only for abadi or agriculture. During consolidation proceedings lands adjacent or just adjacent to the roads shall not be disturbed and they shall be left in possession of the original holders.
(3.) Accordingly, writ petition is allowed. Impugned judgement and order is set aside. Matter is remanded to the Deputy Director of Consolidation to decide the same afresh in the light of the observations made above. It is further directed that before deciding revision notices must be issued to all other persons who may be affected by re-adjustment of the chaks in accordance with the directions given above.;