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Aditya   03 January 2019

Can gram sabha execute sale deed on barren land for industry

Experts may give input whether gram sabha in uttar Pradesh was entitled to execute any sale deed for setting up industry on barren land by any GO Or any Act, prior to year 1975. Please go through one case where your input may lead to a correct and better representation in HC.... Case- 1. Gata no 60 in gram fattepur, pargana - Hadha, tehseel and zila unnai was registered as banjar land with land category 5(3) in year 1972. 2. In 1973, gram Pradhan with concern of gram sabha members auctioned this gata to Habibur Rahman for setting up industry. 3. In 1973, gram Pradhan has done sale deed of same gata in favour of Habibur Rahman. 4. In year 1973, dakhil kharij was done by SDO by confirming the report of tehseeldaar.. And gata was ordered to be registered as abadi and in the name of Habibur Rahman in Khatauni.... While category of land has been changed to 6(2) without any order in Khatauni. 4. In 1974, Collector Unnao, given his approval to Habibur Rahman for setting up handloom / powerloom factory on same gata. 5. In year 1983, Habibur Rahman did sale deed in favour of Kamal Narayan Verma. 6. In year 1993, Kamal Narayan Verma filed title suit after reclaiming of land by gram Sabha at site. 7. In year 1996, Civil Court Unnao passed an ex party order in favour of Kamal Narayan Verma.. And declared Kamal Narayan Verma as Malik and Kabij of above mentioned gata. Further order decreed. 8. In year 2001, post death of Kamal Narayan Verma.. His sons did registered sale deed in favour of Meera Singh. 9. Till 2001 the said gata was in the possession of meera Singh. 10. In 2015, meera singh field entry correction case in SDO court.. For correction of 6(2) entry. 11. In March 18, meera singh has been made a party in one of the case of dhara 229, this case was filled by state government on the ziaur Rahman on whom name gata 43 was registered in same manner.....As gata 60 registered on the name of Habibur Rahman in year 1973. 12. In Nov 18, a writ was filed by LMC of fatepur against ziaur Rahman whose name was registered as bhumidhari as per the order of additional commissioner after passing an order against correction of entry of land category from 6(2). 13. HC accepted the writ and asked for report of SDM in this case.. SDM in her report confirmed that auction and sale deed was exacted in the case of Ziaurrahman.. Further SDM also narrated that in 1972 there was around 55 bigha land in fattepur village was registered as banjar.. In many such land sale deed was executed by gram sabha. 13. On 03.12.18, in the interim order of HC... Judge directed DM unnao to reclaim their property of Ziaurrahman ans also directed to reclaim the property where sale deed was executed by gram sabha in this 55 bigha banjar land.... As per HC.. Gram sabha does not have any right to execute sale deed in view of sec 117 of UP ZA LR Act. Further case has been listed as a fresh on 03.01.19.... (Till 02.01.19 Meera singh could not become a party however an application has been moved for same and expected to be taken up on 03.01.19 listed date.) 14. In view of HC interim order.. SDM unnao has appointed lekhpal of gao and nagar palika shuklaganj EO as a receiver of gata 43 and gata 60.. Post correcting the dhara from 229 to 146 in 26.12.18. 15 On 27.12.18, property of meera singh (where a guest house was constructed) gata no 60 has been sealed by Tahseeldar as pee SDO direction... And possession of property was handed over to lekhpal and EO of Nagar palika Shuklaganj.


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 1 Replies

Kumar Doab (FIN)     09 January 2019

The RTI route might fetch details sought.

The details are to be submitted in court by the concerned authorities.

Rest you own very able LOCAL is to advice you in person.


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