HIGH COURT OF JUDICATURE AT ALLAHABAD ?AFR Court No. - 6 Case :- WRIT - C No. - 47809 of 2011 Petitioner :- Smt. Suman Gupta Respondent :- State Of U.P. And Others Petitioner Counsel :- Dr. S.B. Singh Respondent Counsel :- C.S.C. Hon'ble Amreshwar Pratap Sahi,J.
Heard learned counsel for the petitioner.
The petitioner has admittedly purchased a land situate in Village Airach from a schedule caste. The land is recorded as a tenancy under the provisions of the U.P.Z.A. & L.R. Act, 1950.
The finding of all the authorities below is to the effect that such a transaction which was carried out through a sale deed dated 20.11.2006 was impermissible as the same is prohibited without requisite permission from the Assistant Collector under Section 157-A of the U.P.Z.A. & L.R.Act.
Learned counsel for the petitioner submits that the Village in question fell within the Town Area limits under the Notification dated 11.7.1953 and therefore such a permission was not required in view of the provisions of Section 1 read with Section 3 of the United Provinces Town Areas Act, 1914.
Sri Singh learned counsel for the petitioner with the aid of the decision of this court in the case of Smt. Chandra Jota Vs. D.D.C. reported in 2007 RD 556 contends that the land in question was surrounded by Abadi and therefore no such permission was required as it ceases to be a tenancy land and not governed by Chapter 9 of the U.P.Z.A. & L.R. Act.
Heard learned counsel for the petitioner, the learned standing counsel and the learned counsel for the Gaon Sabha.
The land admittedly was recorded in the name of a schedule caste as a tenancy under the U.P.Z.A.& L.R.Act. Section 157-A makes it mandatory that no such schedule caste person shall dispose of his land falling within the meaning of U.P.Z.A. & L.R.Act without permission of the Assistant Collector. It is admitted the case that no such permission was taken. The contention is that the provision will not apply for the submissions as indicated herein above.
The aforesaid submission cannot be accepted. The United Provinces Town Areas Act, 1914 does not dilute the impact of Section 157-A and a notification issued under the 1914 Act does not in any way take away the power of the Assistant Collector to grant permission as required under Section 157-A. The said provision was entered only to protect schedule caste persons so that the land which is owned by them in their tenancy, may not be alienated. It was a piece of social legislation which was brought about in order to protect a member of the oppressed class against exploitation.
The other argument is that the land is surrounded by Abadi does not in any way change the nature of the tenancy and therefore the land would continue to be governed by the provisions of U.P. Z.A. & L.R. Act. There is admittedly no declaration under Section 143 of the U.P.Z.A. & L.R. Act in relation to the land in question. On both counts the decision relied on by the learned counsel for the petitioner does not come to his aid as it is nowhere concerned with the impact of Section 157-A of the Act.
The writ petition is dismissed.
Order Date :- 23.8.2011 mna