S.U.KHAN,J. - (1.) HEARD learned counsel for the parties and perused the written argument filed by learned counsel for the petitioners. The dispute relates to an area of 0.20 acres of plot no.2009 situate in Mauja Nonarwar Tola Makunahi, Deoria. After the issuance of notification under Section-4 of U.P.C.H. Act starting the consolidation proceedings in the area in question and after original enquiry (partal) and after preparation of C.H. form no.2-A which records the position at the time of initiation of consolidation proceedings, Zila Parishad constructed a road passing through several plots including plot no.2026/2 area 0.20 acre belonging to the petitioners. The road was built before any substantial step regarding carvation of chak could be taken by the consolidation authorities. It is not clear as to why the government did not take steps for compulsory acquisition of the land over which road was made. Petitioners filed objection at a rather belated stage before Settlement Officer Consolidation, Salempur, Deoria to the effect that in the chak allotted to them valuation of the aforesaid plot was not included except to the extent of 0.03 acres accordingly, in lieu of remaining 0.17 acres of plot no.2026/2, they must be allotted land in gaon sabha/bachat plot no.2009 which was in front of their house. At the start of the consolidation petitioners' plot no.2026/2 had been valued at 16 anas (100 paisa). True copy of petitioners' objection dated 2.12.1989 filed before S.O.C. is Annexure-1 to the writ petition.
(2.) ON the said application Engineer, Zila Parisahd, Deoria also made favourable recommendation and submitted that the aforesaid plot of the petitioners had been taken for making the road. Report was submitted by Consolidator on 22.2.1980 true copy of which is Annexure-2 stating therein that as per report of Engineer, Zila Parishad the aforesaid plot was included in the road. Thereafter A.C.O. gave report on 24.5.1980, true copy of which is Annexure-3 to the writ petition. According to the said report, after determination of valuation, an area of 0.20 acres of the aforesaid plot was included in the road and construction of the road had started hence the said area was kept out of consolidation operation however, its valuation continued to be recorded. It has also been mentioned in the said report that petitioner ought to have raised the objection/demand at the time of publication of the provisional consolidation scheme under Section 20 of U.P.C.H. Act. Thereafter S.O.C., Salempur, Deoria sent a recommendation/report to the Deputy Director of Consolidation requesting the D.D.C. to pass suitable orders under Section 48(3) of the Act. Thereafter further recommendation in the form of a reference was sent on 28.6.1980. Thereafter D.D.C. passed the impugned order on 16.5.1983 in reference no.645/522 under Section 48(3) of U.P.C.H. Act Ram Nresh vs. Gram Sabha. In the said order it is mentioned that Ram Naresh i.e. petitioner of the instant writ petition and Baij Nath were demanding an area of 0.20 acres of land over Gaon sabha plot no.2009. It has also been mentioned that through two earlier judgments passed in revision nos. 667/20, 1624 and 1625, the said plot (2009) has already been earmarked as public utility land hence no contrary order can be passed. Accordingly, reference was rejected. Writ petition filed by Baij Nath being writ petition no.9587 of 1983 has been dismissed by me on 12.8.2009.
(3.) AS after start of consolidation land had been taken away for making zila parishad road hence there was no occasion for giving some other land by consolidation authorities to the petitioner or to other persons whose lands had been taken away for making the road. It is quite clear from various orders and reports of consolidation authorities annexed alongwith writ petition and mentioned in the earlier part of this judgment that neither consolidation authorities earmarked those portions of different plots including the aforesaid plot of the petitioner over which zila parishad had made the road for the said purpose nor the zila parishad used the said portions of the land for making road with the consent of the consolidation authorities. Government or governmental agency cannot construct road over the land of private persons unless it is acquired under land acquisition Act or any other similar Act. However, in the instant case it appears that no proceedings for acquisition were taken.;