M.C.Agarwal - (1.) By this petition under Article 226 of the Constitution of India, the petitioner challenges an order dated 7.4.1993. copy of which is Annexure '14' to the writ petition passed by the Collector, Ghaziabad in case No. 2/87-88 under Section 154 read with Section 167(2) of the U.P. Zamindari Abolition and Land Reforms Act (hereinafter referred to as 'the Z.A. Act').
(2.) The provisions of Sections 154. 166 and 167 of the Z.A. Act are as under: "154. Restriction on transfer by a bhumidhar. (1) Save as sub-section (2), no bhumidhar shall have the right to transfer sale or gift, any land other than tea gardens to any person where the transferee shall, as a result of such sale or gift, become entitled to land which together with land, if any, held by his family will in the aggregated, exceed 5.0586 hectares (12.50 acres) in Uttar Pradesh. (2) Subject to the provisions of any other law relating to the land tenures for the time being in force, the State Government may. by general or special order authorise transfer in excess of the limit prescribed in sub-section (1) if it is of the opinion that such transfer is in favour of a registered co-operative society or an institution established for a charitable purpose, which does not have land sufficient for its need or that the transfer is in the interest of general public." Explanation. For the purposes of this section, the expression "'family' shall mean the transferee, his or her wife or husband as the may be and minor children, and where the transferee is a minor also his or her parents." "166. Every transfer made in contravention of the provisions of this Act shall be void." "167. (1) The following consequences shall ensure in respect of even transfer which is void by virtue of Section 166, namely (a) the subject-matter of. transfer shall, with effect from the date of transfer be deemed to have vested in the State Government, free from an encumbrances; (b) the trees, crops and wells existing on the land on the date of transfer shall, with effect from the said date, be deemed to have vested in the State Government free from all encumbrances; (c) the transferee may remove other movable property or the materials any immovable properly existing on such land on the date of transfer within such time as may be prescribed. (2) Where any land or other property has vested in the State Government under sub-section (1), it shall be lawful for the Collector to take over possession over such land or other property and to direct that any person occupying such land or property be evicted therefrom. For the purposes of taking over such possession of evicting such unauthorised occupants, the Collector may use or cause to be used such force as may be necessary."
(3.) Section 154(1) of the Z.A. Act thus prohibits the transfer by a bhumidhar of any land to any other person whereas a result of the transfer the land held by the transferee will exceed 12.50 acres: By virtue of Section 166 such transfer shall be void and as a consequence under Section 167 such land shall be deemed to have vested in the State Government free from all encumbrances and the Collector can take possession thereof.;