PARSADI Vs. DEPUTY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) HEARD Sri Mohan Singh, Counsel for the petitioners and Sri Umesh Kumar Srivastava, for contesting respondent -4. The writ petition has been filed against the orders of Consolidation Officer (respondent -3) dated 2.11.1998, Settlement Officer Consolidation (respondent -2) dated 19.5.2000 and Deputy Director of Consolidation (respondent -1) dated 29.3.2001, passed in chak allotment proceedings, under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the 'Act').

(2.) PLOTS 31 (area 0.260 hectare), 32 (area 0.170 hectare) and 117/2 (area 1.682 hectare) of village Mishripur, pargana Mohana, district Lucknow, were the original holdings of Parsadi (petitioner -1) (chak holder No. 126) and Ghurroo (petitioner -2) (chak holder No. 56). Plot 117/2 is a roadside land, situated on Lucknow -Delhi National Highway and lying within the limits of Lucknow Development Authority. Several commercial activities in the locality were going on and this plot is a land of commercial value. Smt. Mala Dwivedi (respondent -4) (chak holder No. 210) purchased an area of 0.050 hectare of plot 117/2. The dispute between the parties is with respect to allotment of plot 117/2, in the chak of respondent -4. Out of total area of 1.682 hectare of plot 117/2, an area of 0.050 hectare was left as achak, an area of 0.046 hectare, was taken for carving out a rasta through it, an area of 0.709 hectare was proposed in the chak of Parsadi (petitioner -1), an area of 0.657 hectare was proposed in the chak of Ghurroo (petitioner -2) and an area of 0.220 hectare was proposed in the chak of Smt. Mala Dwivedi (respondent -4), by Assistant Consolidation Officer.

(3.) THE objection of the petitioners was contested by Smt. Mala Dwivedi (respondent -4), who has stated that plot 199, which was her original holdings has been reserved for Ambedkar park, extension of Harijan abadi, rasta and other public purposes. Due to which she was allotted an area of 0.220 hectare of plot 117/2, which was adjacent to her original plot 120. She has also purchased an area of 0.050 hectare of plot 117/2. Thus allotment of the chak to her on plot 117/2 was perfectly legal. The objection was heard by Consolidation Officer (respondent -3), who by his order dated 2.11.1998, held that more than 80% of the area of plot 117/2 had been allotted in the chaks of the petitioners. In order to connect the land reserved for Ambedkar park and extension of Harijan abadi to the main highway, an area of 0.046 hectare of plot 117/2 was taken for carving out 'rasta' due to which plot 117/2 was divided. The portion of plot 117/2 falling north of rasta has been allotted to the petitioners and remaining land falling towards south to the rasta was allotted to respondent -4, who also had her original holding of plot 120, adjacent to it. In respect of the dispute raised by the petitioners that plot 199 has been valued at a very high rate although it was the 'usar' land and ought to have been valued at the rate of 20 paisa, it has been held that the matter had already been decided by his predecessors by order dated 3.5.1997 as such he has no jurisdiction to examine its validity. On these findings objection of the petitioners was dismissed.