Settlement of surplus land

§27

Summary

(1) The State Government shall settle out of the surplus land in a village in which no land is available for community purposes or in which the land as available is less than 15 acres with the 1[Gaon Sabha] of that village so, however, that the total land in the village available for community purposes after such settlement does not exceed 15 acres. The land so settled with the 1[Gaon Sabha] shall be used for planting trees, growing fodder or for such other community purposes, as may be prescribed. 2[(2) The State Government may either settle any surplus land in accordance with sub-section (1) or sub-section (3) or use or use or per not its use in accordance with section 25 or manage ro otherwise deal with it in such manner as it thinks fit. ] 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 4[sub-section (1) and (3)] of Section 198 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950.] 5[* * *] 6[(4) The Commissioner may of his own motion and shall, on the application of any aggrieved person inquire into such settlement and if he is satisfied that the settlement is irregular, he may after notice to the person in whose favour such settlement is made to show cause, (i) cancel the settlement and the lease, if any, and thereupon, notwithstanding anything contained in any other law or in any instrument, the rights, title and interest of the person in whose favour such settlement was made or lease executed or any person claiming through him in such land shall cease, and such land shall revert to the State Government ; and (ii) direct that every person holding or retaining possession thereof may be evicted, and may for that purpose use or cause to be used such force as may be necessary. (5) Every order passed by the Commissioner under sub-section (4), shall be final. (6) The Commissioner acting of his own motion under sub-section (4) may issue notice, and an application under that sub-section may be made, 7[6(a) in the case of any settlement made or lease granted before November 10, 1980, before the expiry of a period of 8[seven years] from the said date, and ; 7[6(b) in the case of any settlement made or lease granted on or after the said date, before the expiry of a period of 9[five years from the date of such settlement or lease or up to November 10, 1987, whichever be later] 10[(6-A) Where any surplus land has been settled by the Collector under sub-section (3), and any person other than the person in whose favour such settlement was made is in occupation of such land in contravention of the provisions of this Act, the Collector may, of his own motion and shall on the application of the person in whose favour such settlement was made, put him in possession of such land and may for that purpose use or cause to be used such force as he considers necessary. (6-B) Where any person, after being evicted under this section, re-occupies the land or any part thereof without lawful authority, he shall be punishable with imprisonment for a term which may extend to two years but which shall not be less than three months and also with fine which may extend to three thousand rupees : Provided that the court convicting the accused may while passing the sentence direct that the whole or such portion of the fine that may be recovered as the court considers proper, be paid to the person in whose favour such settlement was made as damages for use and occupation. (6-C) Where in any proceeding under sub-section (6-B), the court, at any stage after cognizance of the case has been taken is satisfied by affidavit or otherwise (a) that the accused is in occupation of the land to which such proceeding relates, in contravention of the provisions of the Act ; and (b) that the person in whose favour such settlement was made is entitled to the possession of such land ; the court may summarily evict the accused from such land pending the final determination of the case, and may put the person in whose favour such settlement was made in possession of such land. (6-D) Where in any such proceeding, the accused is convicted the interim order passed under sub-section (6-C) shall be confirmed by the court. (6-E) Where in any such proceeding, the accused is acquitted or discharged and the court is satisfied that the person so acquitted or discharged is entitled to be put back in possession over such land. the court shall, on the application of such person, direct that delivery of possession be made to him. (6-F) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, every offence punishable under sub-section (6-B) shall be cognizable and non-bailable and may be tried summarily. (6-G) For the purpose of speedy trial of offences under this section, the Stat Government may, in consultation with the High Court, by notification, constitute, special courts consisting of an officer not below the rank of Sub-Divisional Magistrate, which shall, subject to the provisions of the Code of Criminal Procedure, 1973, exercise in relation to such offences the powers of a Judicial Magistrate of the first class. ]10 11[(7) The State Government may, 12[by a general or special order to be published in the manner prescribed] declare that as from a date to be specified in this behalf, all surplus land situate in a circle which could not be settled under the provisions of this Act, shall vest the Gaon Sabha concerned, and the provisions of Section 117 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, shall mutatis mutandis apply in relation to such vesting. ]

(1) The State Government shall settle out of the surplus land in a village in which no land is available for community purposes or in which the land as available is less than 15 acres with the 1[Gaon Sabha] of that village so, however, that the total land in the village available for community purposes after such settlement does not exceed 15 acres. The land so settled with the 1[Gaon Sabha] shall be used for planting trees, growing fodder or for such other community purposes, as may be prescribed. 2[(2) The State Government may either settle any surplus land in accordance with sub-section (1) or sub-section (3) or use or use or per not its use in accordance with section 25 or manage ro otherwise deal with it in such manner as it thinks fit. ] 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 4[sub-section (1) and (3)] of Section 198 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950.] 5[* * *] 6[(4) The Commissioner may of his own motion and shall, on the application of any aggrieved person inquire into such settlement and if he is satisfied that the settlement is irregular, he may after notice to the person in whose favour such settlement is made to show cause, (i) cancel the settlement and the lease, if any, and thereupon, notwithstanding anything contained in any other law or in any instrument, the rights, title and interest of the person in whose favour such settlement was made or lease executed or any person claiming through him in such land shall cease, and such land shall revert to the State Government ; and (ii) direct that every person holding or retaining possession thereof may be evicted, and may for that purpose use or cause to be used such force as may be necessary. (5) Every order passed by the Commissioner under sub-section (4), shall be final. (6) The Commissioner acting of his own motion under sub-section (4) may issue notice, and an application under that sub-section may be made, 7[6(a) in the case of any settlement made or lease granted before November 10, 1980, before the expiry of a period of 8[seven years] from the said date, and ; 7[6(b) in the case of any settlement made or lease granted on or after the said date, before the expiry of a period of 9[five years from the date of such settlement or lease or up to November 10, 1987, whichever be later] 10[(6-A) Where any surplus land has been settled by the Collector under sub-section (3), and any person other than the person in whose favour such settlement was made is in occupation of such land in contravention of the provisions of this Act, the Collector may, of his own motion and shall on the application of the person in whose favour such settlement was made, put him in possession of such land and may for that purpose use or cause to be used such force as he considers necessary. (6-B) Where any person, after being evicted under this section, re-occupies the land or any part thereof without lawful authority, he shall be punishable with imprisonment for a term which may extend to two years but which shall not be less than three months and also with fine which may extend to three thousand rupees : Provided that the court convicting the accused may while passing the sentence direct that the whole or such portion of the fine that may be recovered as the court considers proper, be paid to the person in whose favour such settlement was made as damages for use and occupation. (6-C) Where in any proceeding under sub-section (6-B), the court, at any stage after cognizance of the case has been taken is satisfied by affidavit or otherwise (a) that the accused is in occupation of the land to which such proceeding relates, in contravention of the provisions of the Act ; and (b) that the person in whose favour such settlement was made is entitled to the possession of such land ; the court may summarily evict the accused from such land pending the final determination of the case, and may put the person in whose favour such settlement was made in possession of such land. (6-D) Where in any such proceeding, the accused is convicted the interim order passed under sub-section (6-C) shall be confirmed by the court. (6-E) Where in any such proceeding, the accused is acquitted or discharged and the court is satisfied that the person so acquitted or discharged is entitled to be put back in possession over such land. the court shall, on the application of such person, direct that delivery of possession be made to him. (6-F) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, every offence punishable under sub-section (6-B) shall be cognizable and non-bailable and may be tried summarily. (6-G) For the purpose of speedy trial of offences under this section, the Stat Government may, in consultation with the High Court, by notification, constitute, special courts consisting of an officer not below the rank of Sub-Divisional Magistrate, which shall, subject to the provisions of the Code of Criminal Procedure, 1973, exercise in relation to such offences the powers of a Judicial Magistrate of the first class. ]10 11[(7) The State Government may, 12[by a general or special order to be published in the manner prescribed] declare that as from a date to be specified in this behalf, all surplus land situate in a circle which could not be settled under the provisions of this Act, shall vest the Gaon Sabha concerned, and the provisions of Section 117 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, shall mutatis mutandis apply in relation to such vesting. ]

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