Gyan Chand Mathur, J. - (1.) The petitioner is the zamindar of plots Nos. 1616 and 1617 which lie within the municipal limits of Saharanpur. On August 13, 1946, he executed a registered lease of these two plots for 20 years at a yearly rent of Rs. 1.000 in favour of one Babu Ram. On a portion of these plots stood two Kothas and a puca well. The lease was given for the purpose of construction of buildings on the land. Babu Ram transferred his lease rights in favour of Ram Singh and Pratap Singh who, in their turn, transferred the rights in favour of Hari Ram and Labh Chand. Labh Chand transferred his rights in favour of Gopal Das. The lessee constructed a rice mill and other puca constructions on the land and these constructions still stand.
(2.) After the U. P. Urban Areas Zamindari Abolition and Land Reforms Act. 1956 (hereinafter referred to as the Act) came into force, a notification was published by the State Government under Sec. 3 of the Act for demarcating the agricultural area in district Saharanpur. In the original proposals issued by the Commissioner, these two plots were not included in the agricultural area. Res -pondents Hari Ram and Gopal Das, thereupon, filed objections under Sec. 4 (3) of the Act before the Demarcation Officer that these two plots should also be included in the agricultural area. The Demarcation Officer referred, the matter to the Additional Commissioner. By order dated January 10, 1966, the Additional Commissioner held that the plots, even though buildings stood thereon, were agricultural area as contemplated by Sec. 2 (1) (d) of the Act and directed that they be so demarcated. Against this order, the petitioner filed an appeal before the Board of Revenue. It was urged by the petitioner that, under Sec. 2 (1) (d), an area would be agricultural area only if buildings had not been erected on it. The Board did not accept this contention and, on September 19, 1966, dismissed the appeal. The petitioner now challenges these two orders.
(3.) The case has been ably argued by Shri G.N. Verma, learned counsel for the petitioner, and he has also collected much useful material and placed it before the Court. In order to appreciate the arguments, it is necessary to set out the relevant provisions of the Act. Sec. 2 is the definition Sec. and Sub -section (1) thereof, which defines "agricultural area", is in these words: - - "2(1) 'Agricultural area' as respects any urban area means an area which, with reference to such date as the State Government may notify in that behalf, is - - (a) in the possession of or held or deemed to be held by an intermediary as sir, khudkasht or an intermediary's grove; (b) held as a grove by or in the personal cultivation of a permanent lessee in Avadh; or (c) included in the holding of - - (i) a fixed -rate tenant, (ii) an ex -proprietary tenant, (iii) an occupancy tenant, (iv) a tenant holding on special terms in Avadh, (v) a rent -free grantee, (vi) a grantee at a favourable rate of rent, (vii) a hereditary tenant, (viii) a grove -holder, (ix) a sub -tenant referred to in Sub -section (4) of Sec. 47 of the U. P. Tenancy Act, 1939; or (x) a non -occupancy tenant of land other than land referred to in Sub -section (3) of Sec. 30 of the U. P. Tenancy Act, 1939, and is used by the holder thereof for purposes of agriculture or horticulture: Provided always that land which on the date aforesaid is occupied by buildings not being 'improvements' as defined in Sec. 3 of the U. P. Tenancy Act, 1939, and land appurtenant to such buildings shall not be deemed to be agricultural area. (d) held on lease duly executed before the first day of July, 1955, for the purposes of erecting buildings thereon; or (e) held or occupies by an occupier. "Explanation - - An area, being part of the holding of a tenant, shall not be deemed to have ceased to be agricultural area by reason merely that it has not been used, during the seven years preceding the commencement of this Act, for raising crops or other agricultural produce". Section 3 provides that the State Government may, with a view to acquisition under the provisions of the Act of the rights, title and interest of intermediaries in urban areas, direct, by notification in the official Gazette, that the agricultural area situated in any such area be demarcated. It further provides that, on the publication of the notification, the Demarcation Officer shall made inquiries and shall determine and demarcate the agricultural area. Sec. 4 provides for the publication of preliminary proposals and for the filing of objections against those proposals. The final demarcation is provided for in Sec. 5. Sec. 8 provides that, after the agricultural area has been demarcated, the State Government may, by notification in the official Gazette, declare that such area shall vest in the State. Sec. 10 provides for the consequences of vesting. Sec. 17 Provides for the settlement of certain lands with intermediaries or cultivators as bhumidhars. Clause (b) of Sub -section (1) of this Sec. reads: - - 17(1) Subject to the provisions of Ss. 16 and 18 - - (a) ........................... (b) all lands in an agricultural area held on lease duly made before the first day of July, 1955, for the purpose of erecting building thereon, shall be deemed to be settled by the State Government with such intermediary, lessee, ............... who shall, subject to the provisions of this Act, be entitled to take or retain possession as a bhumidhar thereof". Section 19 makes provision for the conferment of asami rights. Clause (j) thereof provides that notwithstanding anything contained in the Act, every person who, on the date immediately preceding the date of vesting, occupies or held land in an agricultural area as a sub -lessee from a person holding land under a lease referred to in Clause (b) of sub -section (1) of Sec. 17 shall be deemed to be an asami thereof. Sec. 20 (1) empowers a person who has become a bhumidhar under Sec. 17 (1) (b) to make an application for the ejectment of the asami under Sec. 19 (j) on the ground that he wants the land for purposes of erecting buildings thereon.;