Delivery of Possession

§28

Summary

1[ 28. Delivery of Possession. - (1) The Assistant Consolidation Officer, on the application of the tenure-holder or the Land Management Committee, to whom chak or lands have been allotted under the final Consolidation Scheme, 2[may, and where any land has been allotted to the State Government shall, without any application of the State Government, within six months of the date on which the said Scheme has come into force, put the tenure-holder or the Land Management Committee or the State Government, as the case may be, in actual physical possession of the allotted chak or lands, and for so doing shall have all the powers, including powers as regards contempt, resistance and the like as are exercisable by a Civil Court in execution of a decree for delivery of possession of immovable property : Provided that the delivery of possession as aforesaid shall not affect the right of the person from whom possession is transferred to tend and gather the crops 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 possession over the crop also shall be delivered : Provided further that the person tending and gathering the standing crop, in accordance with the first proviso, shall be liable to pay to the persons who have been allotted the chak, or lands, compensation for the use of the land at such rate and in such manner as may be prescribed. (2) On the expiry of six months from the date on which a tenure-holder or Land Management Committee or the State Government became entitled to enter into possession of the chak or lands allotted, whether before or after the coming into force of the Uttar Pradesh Consolidation of Holdings (Amendment) Act, 1962, or on the expiry of six months from the date of the coming into force of that Act, whichever is later, the tenure-holder or the Land Management Committee or the State Government, as the case may be, shall, unless possession has been obtained earlier, be deemed to have entered into actual physical possession of the allotted chak or lands : Provided that the fact that a tenure-holder or Land Management Committee 3[ or the State Government has thus entered into possession shall not affect the right of the person from whom possession is deemed to have been transferred to tend and gather the crop standing on the chak or lands, or part thereof, on the date of the expiry of the period of six months aforesaid.]

1[ 28. Delivery of Possession. - (1) The Assistant Consolidation Officer, on the application of the tenure-holder or the Land Management Committee, to whom chak or lands have been allotted under the final Consolidation Scheme, 2[may, and where any land has been allotted to the State Government shall, without any application of the State Government, within six months of the date on which the said Scheme has come into force, put the tenure-holder or the Land Management Committee or the State Government, as the case may be, in actual physical possession of the allotted chak or lands, and for so doing shall have all the powers, including powers as regards contempt, resistance and the like as are exercisable by a Civil Court in execution of a decree for delivery of possession of immovable property : Provided that the delivery of possession as aforesaid shall not affect the right of the person from whom possession is transferred to tend and gather the crops 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 possession over the crop also shall be delivered : Provided further that the person tending and gathering the standing crop, in accordance with the first proviso, shall be liable to pay to the persons who have been allotted the chak, or lands, compensation for the use of the land at such rate and in such manner as may be prescribed. (2) On the expiry of six months from the date on which a tenure-holder or Land Management Committee or the State Government became entitled to enter into possession of the chak or lands allotted, whether before or after the coming into force of the Uttar Pradesh Consolidation of Holdings (Amendment) Act, 1962, or on the expiry of six months from the date of the coming into force of that Act, whichever is later, the tenure-holder or the Land Management Committee or the State Government, as the case may be, shall, unless possession has been obtained earlier, be deemed to have entered into actual physical possession of the allotted chak or lands : Provided that the fact that a tenure-holder or Land Management Committee 3[ or the State Government has thus entered into possession shall not affect the right of the person from whom possession is deemed to have been transferred to tend and gather the crop standing on the chak or lands, or part thereof, on the date of the expiry of the period of six months aforesaid.]

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