KUSHTHA SEWA ASHRAM Vs. STATE OF U.P.

JUDGEMENT

(1.) Petitioner is plaintiff in O.S. no.238 of 2006. The suit has been filed against State of U.P. through Collector Basti, 2) Pashu Chikitsayalaya, Kalwari, District Basti and 3) District Chief Vaternary Officer Basti, 4) Deputy Direction/Up-Nideshak, Pashupalan Vibhag, Basti. It has been stated in the plaint that under Section 8-A(c) 29 C of U.P.C.H. Act and Rule 24-A land in dispute was reserved for Kushtha Sewa Ashram i.e. petitioner. Sections 8-A(C) and 29 C (1)of U.P.C.H. Act are quoted below:-

(2.) 8-A(2)(a) details of areas, as far as they can be determined at this stage, to be earmarked for extension of 'abadi' including areas for 'abadi' site for Harijans and landless persons in the unit, and for such other public purposes as may be prescribed.

(3.) 29 C (1) The land contributed for public purposes under this Act shall with effect from the date on which the tenure-holders became entitled to enter into possession of the chaks allotted to them under the provisions of this Act as amended from time to time, vest and be always deemed to have vested in the Gaon Sabha (in an area in which Section 117 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 applies and in the State Government in any other area) and shall be utilised for the purpose for which it was earmarked in the final Consolidation Scheme, or in case of failure of that purpose, for such other purposes as may be prescribed.