NAINITAL, India, March 23 -- Uttarakhand High Court issued the following judgment/order on Feb. 20:

1. According to learned counsel for the petitioner, he is a landless person, who was allotted a piece of agricultural land declared surplus in proceedings under U.P. Imposition of Ceiling on Land Holdings Act, 1960, vide order dated 13.01.2006. Grievance raised by petitioner is that his name is not being recorded in Category 1 kha i.e. Bhumidhar with non-transferable right.

2. Learned counsel for the petitioner relies upon Section 131(d) of Uttarakhand Zamidari Abolition and Land Reforms Act, 1950 in support of his contention that every person, with whom surplus land is settled, is entitled to be recorded as Bhumidhar with nontransferable right. Section 131(d) of the aforesaid Statute is quoted below:-

"131. Bhumidhar with nontransferable rights.-

(d) with effect from July 1, 1981 every person with whom surplus land is or has been settled under 26A or sub-section (3) of Section 27 of the U.P. Imposition of Ceiling on Land Holdings Act, 1960."

3. Learned State Counsel refers to the allotment order, issued in favour of petitioner. In the said document, reference is made to Section 25 of U.P. Imposition of Ceiling on Land Holdings Act, 1960 for making allotment.

4. Learned State Counsel submits that power under Section 25 of the U.P. Imposition of Ceiling on Land Holdings Act, 1960 is available to State Government for using the surplus land for any purpose for which such land could have been acquired and State can invoke this power to retain the land for public purpose/construction of building etc. He further submits that surplus land can be settled in favour of weaker sections of society only under Section 27(3) of the Act. Sections 25 and 27(3) of the Act are reproduced below for ready reference:-

"25. Use of surplus land for other public purposes. - The State Government may, instead of settling any surplus land in accordance with the provisions of this Act, use or permit the use either temporarily or permanently of the whole or any portion of such land for any purpose for which such land could have been acquired under the Land Acquisition Act, 1894. 27(3) (3) Any remaining surplus land shall be settled by the any Collector in accordance with the order of preference, and subject to the limits, specified respectively in 3 subsections (1) and (3) of Section 198 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950."

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=I1mmm2bl4r4EREhYK63Kvy%2BZSyX4v8ky952Jxqlsu8igubETTLbvhnjfjCCQc%2ByN&caseno=WPMS/395/2026&cCode=1&cino=UKHC010024912026&state_code=15&appFlag=)

Disclaimer: Curated by HT Syndication.