SIBGHAT ULLAH KHAN,J. - (1.) THE main prayer, i.e. Prayer No. (I) in this writ petition is as follows: "Issue a writ, order or direction in the nature of mandamus commanding the respondent to exempt the petitioner's land from the consolidation operation situated in village Gajraula Kalan Sharai, Pargana, Tehsil and District: Pilibhit in pursuant to the notification dated 24.05.1997 issued under Section 4(i) of U.P.C.H. Act."
(2.) THE case of the petitioner is that he migrated from erstwhile East Pakistan to India, hence he was a displaced person and under Government Grants Act, 1895, he was allotted the agricultural land in dispute. True copy of the grant/lease deed dated 12.11.1979 is Anenxure-1 to the writ petition. Governor granted the lease, which is for 30 years. It is mentioned in the lease deed that lessee would be entitled to hold rights and obligations akin to a bhumidhar defined under the U.P.Z.A. and L.R. Act, 1950. The first covenant was that grantee's right shall be heritable and the succession to such land shall be regulated according to the provisions of U.P.Z.A and L.R. Act 1950 as amended from time to time. The second covenant was that cultivation of the land shall commence within six months from the date of the possession. It was also mentioned in the deed that land should be used only for cultivation purposes. It was also stipulated that the grantee shall not parcel out the land demised to him. It was also provided that grantee shall not transfer or alienate the land until transferable rights were granted to him by the granter after a period of 20 years or after he had paid the entire amount of the premium and the interest thereon. Under the said clause, it was further provided that any alienation after the grant of transferable rights shall be subjected to the provisions of Section 154 to 156 of U.P.Z.A and L.R. Act 1950 and any transfer or alienation made in contravention of the said condition should be void. Usual provision of determination of the demise in whole or part is also there in the deed. Provision of renewal of lease is also there in the deed. It is also stated in the writ petition that several representations have been filed by the petitioner for not applying the consolidation operation upon the land in dispute. Total area is 1.683 hectares.
(3.) UNDER Section 3 (2-A) of U.P.C.H. Act, consolidation area has been defined, which does not include such portion to which provisions of U.P.Z.A and L.R. Act 1950 do not apply.;