6, 7. Such other areas as the Director of Consolidation may declare to unsuitable for the purpose of Consolidation Land in use for growing pan, rose, bela, jasmine and kewra; and UNIT II Chapter 1 Notification regarding Consolidation Revision and Correction of Maps and Records (Section 4 to 12D) Q. 3. How declaration and notification regarding consol operated? What are its effects'and how State Governme provisions of Section 4(1)(a) of the Act—The State Government may, where it of opinion that a district or part thereof may be brought under consolidation operations, made a declaration to the effect in the Gazette, where upon it shall become lawful for any officer or authority who may be empowered in this belill by the District Deputy Director of Consolidation (@_toenter upon any Survey, in connection with rectangulation or otherwise and to take levels of any land in such area; 4 Gi) tox pillars in connection with rectangulation; and ii) 10 do all acts necessary to ascertain the suitability of the area fit consolidation operations (b) The District Deputy Director Consolidation shall cause Public Notice of | the declaration issued under clause (a) to be given at convenient places in the sail | district or part thereof. 2(a) When the State Government decides to start consolidation operations either in an area covered by a declaration issued or in any other area, it may issue a notification to this effect. ‘ (b) Every such notification sha be published in the Gazette and in a daily newspaper having circulation in the said area and shall also be published in each unit in the said area in such area as may be considered appropriate According to Section 4A: Where the State Government is of opinion that in the case of a district or part thereof in respect of which a notification has already been issued under Section 52 it is expedient in public interest so to do, it may make a declaration in the Gazette that such district or part thereof may again be brought under consolidation operation: Provided that no such declaration shall be issued within twenty years from the date of the notification referred to in the said Section, but in special circumstances27) «State Government may, in public interest, issue such declaration after ten years om the said date. “The provisions of thi ued under sub-section «Act shall mutatis mutandis apply to every notification (1) as they apply to a notification under Section 4 sion (6) Effect of Notification under Section 4Q) 1. Upon the Publication of the notification {under sub-section (2) of Section (0) in the Official Gazette, the consequences, hereinafter set out forth, shall ject to the provisions of this Act from the date specified thereunder till the ‘on of notification under Section 52 or sub-section (1) of Section 6, as the ise may be, ensure in the area t [Section 4 relates, namely: (@). the district or part thereof, a the case may tbe, shall be deemed to be under ane cetidation operations and duty of maintaining the record of rights and ing the village map, the field book and the annual register of each Village shall be performed by the District Deputy Director of consolidation; ‘who will maintain or prepare them, as the case, 2 ‘be, in the manner prescribed. \ @) not withstanding anything contained in he UP. Zamindari Abolition and Land Reforms Act, 1950, no tenure-holder, except ‘with the permission in swriting ofthe settlement officer, consolidation, previously obtained shall wae this holdings or any part thereof for Purpose eonnected with agriculture, horticulture or animal husbandry including pisciculture and poultry farming: Provided that a tenure holder may continue to use his holding, or any part thereof for any purpose for which it was in use Pret to the date specified Foe notification issued under sub-section (2) of Section 4. 2. Upon the said publication ofthe notification ‘under sub-section (2) of Section athe following farther consequences shall ensue in the area to which the notification | relates, namely:~ (2)_ every proceeding forthe correction of records and every suit and proceed ih respect of declaration of rights or interest * MOY and lying in the area, infor declaration oF adjudication of any other right in regard to which proceedings can or ought to be taken under this Act, pending before any raat or authority whether of the first instance OF ‘of appeal, reference oF covision, shall, on an order being passed i that behalf by the court oF reathorty before whom such suit or proceeding |S pending stand abated: Trrovided that no such order shall be passed without BS to the parties inice by postor in any other manner and after BiVing them an opportunity of being heard: a shih the notification under sub-section 2) of[128] Provided further that on the issue of a notification under suls seo of Section 6 in respect of the said area thereof, every such onler wf to the land lying in such area or part asthe case may be, shall stant Such abatement shall be without prejudice to the rights ot the affected to agitate the right or interest in dispute in the sul 4 Proceedings before the appropriate consolidation authorities wiser accordance with the provisions of this Act and the rules made theve Cancellation of Notification (Section 6) 1. It shall be lawful for the State Government at any time to caeel notification under Section 4 in respect of the whole or any part ofthe arc therein. 2. Where notification has been cancelled in respect of at section (1), such area shall, subject to the final order relating to the correct land records, if any, passed on or before the date of such cancellation, cee ta ‘under consolidation operation with effect from the date of the cancellation Q. 4. What is Statement of Principles? How is it prepared Ans, Statement of Principles: Section 8A of U.P. Consolidation of Holdin Act, 1953 mentions Statements of Principles. The Assistant Consolidation (tT shall, in consultation with the consolidation committee, prepare, in respect of c Unit under consolidation operations, a statement in the prescribed form called ih statement of principles setting forth the principles to be followed in carrying wit the consolidation operation in the unit, 2. The statement of principles shall also contain— (2) details of area, as faras they can be determined at this stage, to be earmarkest for the extension of abadi, including area for abadi site of Harijans aut landless person in the unit, and for such other public purposes as may he prescribed; the basis on which the tenure-holders will contribute land for extension uf abadi and for other public purposes; and (©) details of land to be earmarked for public purposes out of land vested in Gram Sabha or a Local Authority under Section 117 or Section 117A of the U.P. Zamindari Abolition and Land Reforms Act, 1950; (d)_ the standard plot for each unit Publication of Statement of Principles: According to Section 9(1) upon the preparation of the records and the statements, the Assistant Consolidation officer shall— (a) correct the clerical mistakes, if any, and send, or cause to be sent, to the tenure-holders concerned and other persons interested, notices containing(129) relevant extracts from the current annual register and such other records ‘as may be prescribed showing— (i) their rights in the liabilities in relation to the land; (i) mistakes, undisputed cases of succession and disputes discovered under Section 8 in respect thereof; (iii) specific shares of individual tenure-holders in joint holdings for the purpose of ejecting partitions, where necessary to ensure proper consolidation. (iv) valuation of the plot; and (b) Valuation of trees, wells and other improvements for calculating ‘compensation therefor and its apportionment dmongst owners, if there be ‘more owners than one; (©) Publish in the unit current khasra and current annual register, the khasra chakbandi, the statement of principles prepared under Section 8A, and any other records that may be prescribed to show, inter alia, the particulars referred to in clause (a) 2. Any person to whom a notice under sub-section (1) has been sent, or any other person interested may, within twenty-one days of the receipt of notice, or of the publication under sub-section (1), asthe case may be, filed before the Assistant Consolidation Officer, objections in respect thereof disputing the correctness or nature of the entries in the records or in the extracts furnished therefrom ot in the Statement of Principles, or need for partition. posal of objet ns on the Statement of Principles [Section 9B] |. Where objections have been filed against the Statement of Principles under Scetion 9, the Assistant consolidation officer shall after affording opportunity of being heard to the parties concerned and after taking into consideration the views of the consolidation committee, submit his report to the consolidation officer, who shall dispose of the objections in the manner prescribed. 2. Where no objections have been filed against the Statement of Principles within the time provided therefor under Section 9, the consolidation officer shall, a view to examining its correctness, make local inspection of the unit, after aiving due notice to the consolidation committee, and may thereafter make such modification or alterations in the Statements of Principles as he may consider necessary. 3. Any persom aggrieved by an order of the consolidation officer under sub-section (1), or sub-section (2), may within twenty-one days of the date of the order, file an appeal before the settlement officer, consolidation whose decision except as otherwise provided by or under this Act, shall be final. he Tae Comscldabon ofr Rte Seats SEH Lent Ofbeer, Comselization shalt befere Hediling an Ohpecbon Or gn appeal rratde oct Ans piacbin tine wi after giving durnohiedte Parhies Concerned aay! Compelidainn Commitee[135] tw onsolidation Officer to revise the Provisional Consolidation Scheme ser ivi opportunity of being heard to the tenure-holders concerned. «tu semand the same to the Assistant Consolidation Officer, with such, Avections as the Consolidation Officer may consider necessary; ‘he Settlement Officer, Consolidation, to revise the Provisional | wusolidation Scheme, after giving an opportunity of being heard to the lenute-holders concerned or to remand the same to the Assistant | ousolidation Officer, or the Consolidation Officer, as the Settlement Hicer, Consolidation, may think fit, with such directions as he may wansider necessary 4 ( onfirmation of the Provisional Consolidation Scheme: According to in! Tof the Act, (1) the Settlement Officer, Consolidation, shall confirm the sl Consolidation Scheme 11 10 objections are filed within the time specified in Section WF where such objections are filed, after such modifications, or alterations, ‘ns may be necessary in view of the orders passed under sub-section (1) to (of Seetion 21 ‘al Consolidation Scheme so confirmed shall be published in anil except as otherwise provided by or under this Act, shall be final Chapter 3 Hilorcement of the Scheme (Section 24 to 36A) ¥y ¥, How Consolidation Scheme is enforced under the U.P. Consolidation Muldings Act, 1953? Deseribe in detail. Ans, Chapter TV (Enforcement of the Consolidation Scheme) of the Act sting, of Sections 24 t0 33, deals with the third stage of Consolidation, the 4 Wing. determination of title, second being the allotment of chaks. Now comes, ‘unt age of enforcement of the final Consolidation Scheme. For this stage, the «uf enforcement is fixed by Settlement Officer consolidation after demarcating indaries of chaks, {hus Section also fixes the liability of new tenure-holder to pay compensation jvecs, wells and other improvements to the original tenure-holder, which amount. sue due from the date fixed under Section 24 of the Act, (wivement of the Scheme | Possession and accrual of compensation for tree, et ly) the Settlement Officer, Consolidation, shall fix the date to be notified in the unit, from which the final Consolidation Scheme shall come into force,‘On and after the said date a tenure-holder shall be entitled to enter possession of the plots allotted to him. ‘On and from the date of obtaining possession every tenure holdet tt trees, wells and other improvements existing on the plots allotted I in pursuance of the enforcement of the final Consolidation Scheme sh he clink be liable for the payment of any pay to the former tenure-holder therouh Ege SapItY compensation for the trees, wellsand other improvements, allotted to hinkgeg. eemed! to be determined in the manner provided 4c 2, New Revenue Records (Section 27): Sub-section (1) of Section 27 ol tht deliver ‘Act provides, that soon after the final consolidation scheme has come into tong gig the man District Deputy Director of Consolidation shall cause to be prepared for each villgg, tenures! anew map, field-book and record of rights in respect ofthe consolidation arca, ot Any | the basis of the entries in the map, as corrected under Section 7, the Khast Geter a \ Chakbandi, the annual register prepared under Section 10 and the allotment or Final as finally made and issued in accordance with the provisions of this Act. 'hé Re provisions of the U.P, Land Revenue Act, 1901, shall subject to such modification an ‘and alterations as may be prescribed, be followed in the preparation of the sald ae pelican to othe p and records. tore Sub-section (2) of Section 27, as amended by the U.P. Act XII of 1965 with ; | retrospective effect, raises the presumption of Correctness of the entries of the vas \ annual register till contrary is proved. rit Sub-section (3) of Section 27 made it the duty of Collector to maintain the (0 map, field-book and record of rights, as prepared under Section 27(1) of the Act. a after the notification under Section 52 of the Act. This 3, Delivery of possession (Section 28): The procedure to be followed under A Section 28 by the Assistant Consolidation Officer, in putting tenure-holder or Land public Management Committee, as the case may be, within six months of the date ot Kale Which the final consolidation scheme has come into force, in actual physical rails possession over the chaks or lands allotted to them shall be same as prescribed in upz) the Civil Procedure Code for delivery of possession over immovable property in of Eq execution of a decree. quan Provided that the delivery of possession as aforesaid shall not affect the right cont! of the person from whom possession is transferred to tend and gather the crops Cons standing on such chaks or land or part thereof on the date of the delivery, unless ‘ the Assistant Consolidation Officer decides, for reasons to be recorded, that the pub) Possession over the crop shall be delivered: Sait Provided further that the person tending and gathering the Standing Crops, in cont accordance with the first proviso, shall be liable to pay to the persons who has been allotted the chak or lands, compensation for the use of the land at such rate and in such manner as may be prescribed.1137] Section 282) of the Act provides that, ifthe possession is not taken earlier, it will be deemed afer the expiry of the period of six months from the date on which the person become entitled to take possession, that tenure-holder or Land ‘Management Committee or the Government, as the case may be, had actually centered in possession of chak or land on this date. Thus the taking of possession of the chak or land through consolidation authorities is not compulsory. After the expiry of the period of six months the actual delivery of possession would be deemed to have taken place 4, Compensation (Section 29): Where possession over standing crops is also delivered under Section 28, the Assistant Consolidation Officer shall determine in the manner prescribed the compensation payable in respect of such crops by the tenure-holder put in possession. ‘Any person aggrieved by an order may, within 15 days from the date of order, prefer an appeal before the consolidation officer whose decision thereon shall be final. Recovery of Compensation: The Section 29A provides the mode of recovery of compensation, ifthe compensation is not paid within three tionths. In addition to other modes, it provides for its recovery as arrears of land revenue alongwith interest atthe rate of 6 percent per annum. 5, Reduction of Land Revenue om account of Contribution of Land for Public Purposes (Seetion 29): Section 29 AA of the Actis like a supplementary provision of Section 8A and Section 20 of the Act. The present Section added by UP. Amendment Act of 1963, provides the reduction of the rent payable by a tenure-holder in proportion to the land contributed by him for public purposes. This reduced rent is to be shown in provisional consolidation Scheme. ‘A tenure-holder aggrieved by the reduction may within 15 days of the date of, publication of the provisional Consolidation Scheme, file an objection before the Assistant Consolidation Officer or the Consolidation Officer, for getting the eduction of the land revenue determined in accordance with the provisions of UPZA & LR Act, 1950. This reduction of land revenue is based on the Principal of Equity & Justice. Section 29B prescribes the mode for the determination of the {quantum of compensation to be given to the tenure-holder in lieu of their ‘contribution of land belonging to them for public purpose in pursuance of Consolidation Scheme. © Scetion 298 Compensation for land contributed by tenure holders for public purposes: (1)(a) Every tenure-holder, any part of where holding has been ‘contributed for public purposes under this Act, shall be paid for the land so ‘contributed compensation equal to: (i) inthe case of the land of a Bhumidhar with transferable rights four times and tr(138) Gi) in the case of land of a bhumidhar with non-transferable rights te times of the land revenue reduced under Section 29AA. (0) Inthe case of trees, wells and other improvements, falling within the tnd go contributed, the amount of compensation shall be determines! in accordance with the provisions of Section 19. @) The Compensation payable to a tenure holder shel, after adjustment of the cost of the operations under this Act, if any be paid to him in cash Where any land, in respect of which compensation is paid under sh section (1) is in the occupation of an ‘asami’, there shall be paid (the scar, out of the compensation payable to the bhumidhar with transfert fights or bhumidhar with non-transferable rights, asthe case may be. “Amount equal to 50% of such compensation in respect of the and interest of the asami therein Section 29C provides that from the date on which tenure-holders became entitled to enter into possession of their chaks, the land shall vests in Stu Government and Gram Sabha. Where Gram Sabha is, it shall vest in Gram Sabin eed im other areas in State Government. This vesting is made subjectto the conditwxt that it will amount to declaration of vesting under Section 117 of UPZA and Uk Act but subject to the restriction imposed by sub-section (1) of Section 29C i 4 an be utilised only for the purpose for which it is earmarked in the final oar oldation scheme. n case of failure of the purpose, it may be used for sucl other purposes as may be prescribed. 6. Consequence which shall ensue on exchange of Possession (Section 30) Section 30 deals with the consequences of exchange of possession or delivery el possession under Section 28 ofthe Act, regarding new plots ofthe chal. Itpreseri That from the date of delivery of possession and entry of the possession by new tenure-holders to whom the plots of the chak were allotted, the rights, ttle, interest rand liabilities of the former tenure-holder in those plots would cease. The new tenure-holder will have the same rights, ttle, interest and liabilities in the plots ot New chak as he had in his original holding. The rights of Public, individual or Gram Sabha, ifany, over the plots of chak would cease. The benefits of irrigation available to the former tenure-holder in the plots are given to new tenure-holder ‘The encumbrances of the original holding of the new tenure-holder, whether by way of lease, mortgage or otherwise in respect of old oldings are ceased fron! thie date and are created in the new holdings or on such part as specified in fin consolidation scheme. 7. Costs (Section 33): Under the Section the State Government is authorise fo fix the amount of cost of the consolidation operation and to realise it from the tenure-holder, This can be realised even in advance. This Seetion also authorises its recovery by Government as arrears of land revenue F sainporon Guten te sapenses ol xhornvation The ord A poner atl Quy 4 Clow 2 pee a Mut ‘Aue t Awl bs 106 sitlawes at prepared, Waal the cat faring Vatew af the von favinwelt thew pevwevodlin Wot the sub elore the Acie oven i ster Cr sab wall not gennpets (oe proce fection frewnilQ. 10. Mention the provision regarding penalty for destruction, injury or removal of survey or boundary marks. ‘Ans. Section 46 of the Act provides penalty for destruction, injury or removal of survey or boundary marks. ‘According to Section 46(1) of the Act, if any person destroys willfully or injures or removes without lawful authority a survey or boundary mark which lawfully erected, he may be ordered by a consolidation officer to pay such compensation not exceeding one thousand rupees for each mark so destroyed, injured or removed as may in the opinion of that officer be necessary to defray the expenses of restoring the same and of rewarding the person, if any, who gave Information of the destruction, injury or removal, ‘The order for the payment of compensation under sub-section (1) shall not bar 1 prosecution under Section 434 of the Indian Penal Code. Q. 11. Write a brief comment on the following:- Lge of consolidation operations. Special provisions for Chak Roads or Chak Guls. rutual Exchange of chaks between tenure-holders. fas. 1. Close of Consolidation Operations (Section 52): Section 52 of the Act is regarding the close of consolidation operations in the unit or village or * Villages of the unit. As soon as may be after fresh map and records have been prepared, the State Government shall issue a notification in the Official Gazette that the consolidation operation have been closed in the unit and village or villages forming part of unit shall then cease to be under consolidation operations. Date of publication of the notification in Official Gazette is the date of closure of the consolidation operation. It shall also to be published in the daily newspaper having circulation in the area as well as in the unit in a manner considered proper. The notification under Section 52 is a formality as actually the consolidation proceedings become final with the delivery of possession of chaks under Section 28 of the Act and the Consequences being ensued under Section 30 of the Act. ‘Sub-section (2) isan exception to sub-section (1) of Section $2. Pending cases before the consolidation authorities are to be decided as if notification under Section 52( 1) had not taken place. Consolidation operations shall not be deemed to have closed in respect of land in case of proceedings pending under the Act or writs under Constitution of India. Sub-section (2) of Section 52 Contemplates that the Consolidation operation will not be deemed to have been closed in case there js any order passed by @ competent court or in writ petition filed under the Constitution of India or in cases or proceedings pending under the Act on the date of issue of notification under Section 52(1). The orders shall be given effect to by such authorities as may be prescribed and for that purpose the provisions of Section 52(1) will not apply.{140} ‘Sub-section (3) is also an exception to sub-section (1) of the Aet. Inspite of the notification under Section 52( 1) of the Act if before the Consolidation Scheie became final under Section 23 of the Act and allotment or lease is cancelled wntet Section 198(4) of UPZA and LR Act, effect is to be given to final order of ‘cancellation of lease, by ascertaining the value of such land of lease and this value is to be deducted from the value of land allotted to such tenure-holder in the Consolidation proceedings and then the tenure-holder wil be entitled to the Inn to be allotted in his chak equal to this reduced valuation. 2. Special Provisions for Chak Roads or Chak Guls (Section S2A): Section 152A was inserted by Section 3 of U.R Act 31 of 1970. In the statement of objets ‘and reasons for the amending Act, as given in the Bill introduced for the purposé, it is mentioned that operations under the U.P. Consolidation of Holdings Aci, 1953, have been in progress in Uttar Pradesh since 1994. In the beginning, after attention used to be paid to adequate provision of Chak Road and Chak Guls. As Chak-Roads and Chak-Guls are very important to the rural economy, itis necessary to make a provision for laying them dawn where they were not provided earlier ot where they are inadequate. The Act is proposed to be amended to enable such provisions being made, Thus the object was to provide Chak Roads and Chak Guls to those areas also where consolidation operations are closed by notification under Section 52 of the Act Section 52A authorises Collector of District, to take action for providing Clk Road and Gul (Nali for irrigation of Fields) in the unit, where they are not adequately provided. The limits for the action under the Section is provided as six moni from the date of the enforcement of this Amending Act 31 of 1970 published in U.P. Gazette, The another condition is the demand of action under the Section by not less than ten percent of tenute-holders of the unit. The procedure of giving notices, inviting objections, decision of objections, appeals ete. are provided in the Section having regard to the principles of natural Justice 3, Mutual exchange of Chak between tenure-holders (Section 53): Section 53 of the U.P. Consolidation of Holdings Act, 1953 empowers settlement officer consolidation, to permit exchange between tenure-holders mutually, at any stage shere he is satisfied that the exchange will improve the shape of Chaks, or reduce their number and generally lead to greater satisfaction amongst them. This can be done only til the stage of the preparation of final records under Section 27 of the Act. In the case of Smt. Jagdei v. G.V. Inter College, 1970 R.D. 393 (HC) it was held that where Settlement Officer, consolidation permitted exchange without applying his mind and the court found that the passing, of the order was likely to frustrate the very object ofthe exchange, case may be remanded to Deputy Director of Consolidation to rehear the revision, against the order passed under Section 53 In the ca (WC), it was, tsi covered J Q1.W to whom it Ans. Re Mind Px (1) Bh righ @) An @) At aA pre Wrd] of'small he ind extent fiurmers ce were all ir {o obtain irrigation: disease W These ‘encouragy which is Q.2 Ans.