ARUN TANDON, A.P.SAHI, J. - (1.) THE only ground raised for challenging the order issued by the Collector in exercise of power under section 117 of U.P.Z.A. and L R. Act, qua resumption of the land re­corded in the name of the Gaon Sabha is that the Collector has no authority of law for issuing such a Notification in view of the Government Order dated 7.5.1981.
(2.) ACCORDING to the petitioner, under the said Government Order, in respect of any land having market value more than Rs. 25,000/- it is the Commissioner alone who can exercise the power under section 117 of the Act. The contention raised on behalf of the petitioner is opposed by the learned Standing Counsel and it is pointed out that the Notification dated 7.5.1981, which cre­ates restriction on the power of the Collec­tor qua exercise of power under section 117 of the Act to resume all or any of the things specified in the Schedule to the extent of the market value of the property of Rs. 25,000/- is confined to the cases were the land vested in Gaon Sabha is resumed for commercial department of the State re­ferred to in Appendix IX of the Financial Hand Book, Volume V Part-I or for any de­partment of the Central Government. The notification applicable in the facts of the case is dated 5.3.1974, a copy whereof has been produced before us.
(3.) WE have gone through both the Government Orders and have examined the same. We find that under G.O. dated 7.5.1981 resumption of land where it is re­quired for commercial department of the State Government of U.P or for any de­partments of the Government of India the powers of the District Magistrate have been restricted to the valuation of Rs. 25,000/-. It is admitted on record that in the instant case land is not required for commercial department of the State of U.P. or for any department of Central Government. There­fore/the notification dated 7.5.1981 relied by the petitioner has no application.;