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Judgment
Amreshwar Pratap Sahi, J.—Heard Sri Kartikeya Saran, Learned Counsel for the petitioners.
The contention raised is that the powers exercised by the Collector for resuming the land u/s 117(6) of the U.P.Z.A. & L.R. Act, 1950 during the pendency of the consolidation operations in the village runs counter to the provisions of section 8-A of the U.P.C.H. Act, 1953.
Learned Counsel for the petitioners submits that the preparation of the statement of principles would be adversely affected, inasmuch as, the powers to the consolidation authorities given thereunder would be interfered within case the State Government is allowed to resume land and to divest it under the provisions of subsection (6) of section 117.
It appears that plot No. 1043 that has been resumed for the purpose of "Gram Sachivalaya" falls between plot Nos. 1042 and 1044 which belong to the petitioners. In para 10 they state that their plots may be bifurcated and allotment of a consolidated plot might be obstructed.
This apprehension by itself does not take away the powers of the State Government to resume land under the management of Gaon Sabha for a public purpose. The provisions of section 117(6) of the 1950 Act do not undergo any suspended animation during consolidation operations. If the petitioners during consolidation operations can offer any adjustment, the same can be a matter of consideration as per the provisions of section 19-A of the U.P. Consolidation of Holdings Act, 1953. Reference be had to the decision of this Court in the case of Jagannath v. State, Writ Petition No. 19003 of 2011 decided on 27.5.2011.
In the opinion of the Court, the argument cannot be accepted even otherwise, inasmuch as, section 8-A of the U.P.C.H. Act, 1953 does not in any way confer any jurisdiction on the consolidation authorities in relation to the powers as contained under sub-section (6) of section 117 which is the sovereign power of the State. The provision of section 8-A are not a substitute for section 117(6) of the U.P.Z.A. & L.R. Act, 1950.
No relief can be granted to the petitioner at present. The writ petition is dismissed at this stage with the observations hereinabove.