Full Judgment Text
NONREPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S). 26272628 OF 2012
KAMAL AND OTHERS ….APPELLANT(S)
VERSUS
GAJRAJ AND OTHERS …RESPONDENT(S)
WITH
CIVIL APPEAL NO(S). 26042605 OF 2012
CIVIL APPEAL NO(S). 64866487 OF 2012
J U D G M E N T
Rastogi, J.
1. The instant appeals are directed against the judgment dated
th
12 August, 2010 followed with the Order dismissing the review
th
petition dated 12 October, 2011.
Signature Not Verified
2. The brief facts of the case which manifest from the record are
Digitally signed by
Jayant Kumar Arora
Date: 2023.02.15
17:17:26 IST
Reason:
that the present appellants are the applicants to whom land was
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allotted after going through the procedure prescribed under the
Uttar Pradesh Zamindari Abolition and Land Reforms Act,
1950(hereinafter being referred to as “the Act”) on the
recommendations made by the Land Management Committee of
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Village Phaleda in its meeting held on 20 July, 1996. The
allotment was finally confirmed by the SubDivisional Magistrate,
th
Khurja vide its acceptance dated 6 April, 1997 which came to be
affirmed on the dismissal of a revision petition filed at the instance
of one of the complainants, who although had no locus standi and
was not an allottee by the Additional Commissioner, Meerut
Division, Meerut in exercise of power under Section 333 of the Act
st
by order dated 31 March, 2008.
3. That order of the Additional Commissioner, Meerut Division,
Meerut came to be set aside by the High Court on a writ petition
filed by a stranger to the proceedings, Gajraj, who was the original
complainant, questioning the allotment made to the appellants on
the premise that under Rule 176(4) of the Uttar Pradesh Zamindari
Abolition and Land Reforms Rules, 1952(hereinafter being referred
to as “the Rules”), the decision was to be taken by the competent
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authority on the recommendations made by the Land Management
Committee within one week of its receipt from the Chairman and
eight months had been consumed by the authority for granting final
approval which was in violation of Rule 176(4) of the Rules.
4. Accordingly, while setting aside the order of the Additional
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Commissioner, Meerut Division, Meerut dated 31 March 2008, and
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the Additional Collector(Finance & Revenue) dated 30 September,
2006, the High Court remitted the matter back to the authority to
examine the same afresh in accordance with law by Order dated
th
12 August, 2010 which is the subject matter in appeals before us.
5. The relevant extract of the allotments of piece of land made on
the recommendations of the Land Management Committee of
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Village Phaleda in its meeting held on 20 July, 1996 is as under:
| …….Upon hearing the details of the above land, the Land<br>Management Committee has also decided, to the effect<br>that, those persons who will avail allotment in Village<br>Phaleda Bangar, will be allotted land area, admeasuring<br>0.506 hectares, while those who avail allotments in<br>Village Sultanpur Phaleda Bangar, will be accordingly<br>allotted land area, admeasuring 0.253 hectares. Then the<br>Lekhpal, has been asked, to the effect that, he ought to<br>accordingly affect allotments of lands standing<br>mentioned, in the contents of the concerned list of eligible<br>candidates, which as a matter of fact, has been prepared<br>by the Village Pradhan and members of the Land<br>Management Committee. This list of all eligible persons,<br>has been readover, before this Land Management |
|---|
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| Committee, whereupon some deliberation has taken<br>place in the said behalf and finally it had been passed,<br>through consensus voice, with this observation that, the<br>said list has been duly prepared, in a true and correct<br>manner, because members belonging to the Schedule<br>Caste, remaining in possession of agricultural land area,<br>admeasuring less than 31/8 acres, are also included, in<br>the said list. Agricultural allotments, have been affected,<br>in the following manner: |
|---|
| S.No<br>. | Name, Parentage<br>and address of<br>allottee | Caste | Khasra<br>No. | Area in<br>Hectares | Land<br>revenue<br>in Rs. | Details |
|---|---|---|---|---|---|---|
| 1 2 3 4 5 6 7 | ||||||
| 1. | Mahendra, son<br>of Sohan Singh,<br>resident of the<br>village | Jatav | 39/6 | 0.253 | 12.50 | |
| … | … | … | … | … | … | … |
| 110 | Shankar, son of<br>Harchandi,<br>resident of the<br>village | Brahmin | 324/1<br>5 | 0.506 | 12.50 |
The contents of the aforesaid agricultural allotment have
been readover to the members of the Land Management
Committee as well as the public at large and then a dispute has
arisen in between the members of the Land Management
Committee and the general public. Thereafter it has been decided,
to the effect that, the resolution had been correctly moved and is
true in nature. All members present have accordingly supported
the above resolution and resultantly the same has been adopted
and passed. Then Village Pradhan Smt. Vimlesh had directed the
Lekhpal to accordingly prepare the requisite file pertaining to this
resolution and the said file be analogously forwarded to the Sub
Divisional Magistrate Khurja for the purposes of seeking and
obtaining his concurrence and approval of this adopted and passed
resolution. This matter ought to be tabled for confirmation in the
next meeting of the Land Management Committee. Thus the above
resolution has been happily adopted and passed.
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6. The relevant part of the proposal for allotment in favour of 110
persons which was finally approved by the competent authority and
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that reveals from the minutes of the meeting held on 6 April 1997
is as follows:
The SubDivisional Magistrate, Khurja.
Sir,
I have perused the annexed file pertaining to allotments
having been since affected in Village Phaleda. In the contents of
the same, allotments had since been affected in favour of 110
persons out of whom 7 individuals belong to the Schedule Caste, 3
belong to the Backward Classes, while the remaining are belonging
to the general category. From the photostat copy of allotment
proceedings remaining annexed in the contents of the said file, it is
amply clear, to the effect that, out of 166 persons belonging to the
Schedule Caste in the village since previously, none of them being
eligible remains to be accordingly allotted land in their favour. In
connection with the legality of the eligibilitylist, resolution, agenda
and Munadi [open declaration by beating of drums] the area
Revenue Inspector and the area Lekhpal had accordingly recorded
their separate and distinct reports herein upon conducting due
and proper enquiries in the said behalf, in this matter. They had
also recorded the statements of various individuals. The proposed
land to be given away in allotments stands recorded as that being
Naveen Parti and barren in the contents of category 5(1) and 5(3)
thereof, while it is stated that the same stands independent of any
dispute whatsoever at the spot. Thus in this manner, on the basis
of the report of the Revenue Inspector and Lekhpal,
recommendation is hereby submitted for approving the said
allotment proposal.”
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7. The allotment made by the competent authority came to be
challenged in a Suit No. 12 of 2004 under Section 198(4) of the Act
and after appraisal of record that was dismissed by an Order dated
th
30 September, 2006 by Additional Collector(Finance & Revenue),
Gautam Budh Nagar and further revision came to be preferred
under Section 333 of the Act was dismissed by Additional
st
Commissioner, Meerut Division, Meerut by Order dated 31 March,
2008.
8. That became the subject matter of challenge at the instance of
the complainant Gajraj who was completely a stranger having no
locus standi in reference to the allotments made by filing of a writ
petition before the High Court under Articles 226 and 227 of the
Constitution of India.
9. Learned Single Judge of the High Court, although has not
travelled to the facts of the case and has not bothered to examine as
to whether there is an error in the decisionmaking process adopted
by the authorities while making allotment of land to the landless
persons after it was examined at two stages by the Additional
Collector(Finance & Revenue) and Additional Commissioner, Meerut
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Division, Meerut under its orders dated 30 September 2006 and
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31 March, 2008 and proceeded on the premise that the competent
authority has to take a call to grant approval to the Resolution
passed by the Committee within one week of its receipt from the
Chairman and it took eight months’ time to grant approval to the
recommendations made by the Land Management Committee which
was in violation of Rule 176(4) of the Rules and accordingly by
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judgment dated 12 August, 2010 remitted the matter to the
authority to be decided afresh. Later review also came to be
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dismissed by an Order dated 12 October, 2011.
10. Learned counsel for the appellants submits that no error was
pointed out in the decisionmaking process adopted by the State
authorities in making allotment of piece of land and so far as the
delay which has been caused by the competent authority in
granting approval is concerned, it is not within the domain of the
appellants, as such, they cannot be saddled with heavy costs for
which they were never at fault and it cannot be attributed to them.
11. At the same time, Rule 176(4) indeed indicates that the
decision has to be taken by the competent authority on the
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recommendations of the Land Management Committee within a
week of its receipt but its noncompliance would not invalidate the
proceedings and it does not contain any consequential effect if the
authority fails to exercise its power within timeframe of one week
as stipulated under Rule 176(4). In the given circumstances, the
Order passed by the High Court is legally unsustainable in law and
passing the order to remit the matter back to the authority even
otherwise is not going to overcome the delay which was caused by
the competent authority in granting approval to the
recommendations made by the Land Management Committee.
12. Learned counsel further submits that the allotment made on
the recommendations of the Land Management Committee has been
examined at two stages, first, in a suit filed before the Additional
Collector under Section 198(4) of the Act and no error/fault was
pointed out in the decisionmaking process by the authority in
making allotment of the piece of land to the present appellants.
That came to be further examined in the revisional jurisdiction by
the Additional Commissioner in exercise of its jurisdiction under
Section 333 of the Act and after the matter has been examined at
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different levels, no fault in the decisionmaking process has been
pointed out and merely because the competent authority has failed
to exercise its power within the period of one week as referred to
under Rule 176(4), that in itself will not invalidate the proceedings
and the Order passed by the High Court deserves to be interfered
with by this Court.
13. Per contra, learned counsel for the State submits that it is true
that there was delay caused by the competent authority in granting
approval to the recommendations made by the Land Management
Committee but in the absence of there being any fault pointed out
or error being committed in the decisionmaking process in making
allotment of piece of land to the individual applicants who are
almost 110 in all, it is otherwise not in the interest of justice in
remitting the matter back to the authority and nothing is left for the
authority to now examine at this stage when allotment made on the
recommendations made by the Land Management Committee has
been looked into at two different stages by the respective competent
authorities. To invalidate the proceedings in the absence of any
statutory bar would not be in the interest of justice.
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14. No one appeared on behalf of respondent no. 1 Gajraj who was
the original petitioner and from the record it reveals that he was
neither in the list of allottees nor was an applicant for consideration
of allotment. Regardless of the fate of the allotment of the present
appellants, at least respondent no. 1 Gajrajthe original petitioner is
not going to lose but can defeat the rights of persons to whom
allotment has been made on the recommendations made by the
Land Management Committee after due process as contemplated
under the scheme.
15. We have heard learned counsel for the parties and perused the
material available on record.
16. Before we proceed to examine the matter any further, it will be
apposite to take note of Rule 176 which is referred to as under:
“176(1) After selecting the person or persons for admission to the
land in accordance with Rule 175, the Committee shall prepare
(a) a list of persons so selected in Z.A. Form 57B;
(b) a certificate of admission to land in Z.A. Form 58; and
(c) a counterpart in Z.A. Form 58A.
(2) The documents referred to in clauses (a) and (b) of subrule (1)
shall be duly signed by the Chairman of the Land Management
Committee but the document referred to in clause (c) shall be
signed by the person so selected for admission to the land.
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(3) The document referred to in subrule (1) shall then be
forwarded to the Assistant Collectorincharge of the SubDivision
alongwith
(a) a copy of the proceedings of the meeting of the
Committee in which the decision to settle land was
taken; and
(b) a certificate from the Lekhpal concerned to the effect
that the particulars of the land mentioned in the list are
correct and that the admission to the land is in
accordance with the provisions of the Act and the Rules.
(4) The Assistant Collector incharge of the SubDivision shall, on
receipt of the documents referred to in subrule (3); scrutinize the
decision taken by the Committee and if he is satisfied that the
decision of the Committee is in accordance with the Act and the
rules made thereunder, he shall record his approval on the list in
Z.A. Form 57B and return the papers to the Land Management
Committee within a week of its receipt from the Chairman with the
direction that the possession may be delivered to the lessees and
the report of the mutation be submitted to the Supervisor Kanungo
by the lekhpal immediately after delivery of possession.
(5) If the Assistant Collector incharge of the SubDivision finds
that the whole or part of the decision taken by the Committee is
not in accordance with the provisions of the Act and Rules, he
shall record his disapproval on the list in Z.A. Form 57B and
return the papers to the Chairman.”
17. If we look into the scheme of Rule 176, it provides the
procedure to be followed by the applicants who are entitled for
allotment of land. Under subrule (1), a list of persons so selected
have to fill their respective Form 57B, Form 58 and Form 58A.
Subrule(2) refers to the documents which are required to be
furnished by the individual applicant for the purpose of seeking
allotment. Under subrule(3), such of the documents referred to in
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subrule(1) have to be scrutinized and the decision taken by the
Committee has to be examined by the Assistant Collector who has
to record its satisfaction whether the decision of the Committee is in
accordance with the provisions of the Act and the rules made
thereunder and after recording his approval, further action is to be
taken for allotment. If the decision taken by the Committee is not
in accordance with the Act, the Assistant Collector is empowered to
record its disapproval and return the papers to the Chairman.
18. The reference which has been made by the Assistant Collector
under subrule (4) to grant appropriate approval within a week of its
receipt appears to be introduced with an object to decide the matter
in a time bound manner so that those persons who are landless or
in whose favour the recommendations have been made after going
through the process under provisions of the Act or the Rules framed
thereunder, may not be deprived of the legitimate right which has
been conferred upon them and the duty has been casted upon the
authority to decide as expeditiously as possible, within one week
stipulated thereunder, but if there is a delay either for Ministerial or
administrative reasons, at least it cannot be attributed to the
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allottee applicants. At the same time, if the authority has failed to
exercise its power within the stipulated time of one week as referred
to under Rule 176(4) of the Rules, at least it is inconsequential and
will not invalidate the proceedings.
19. It is to be noticed that the recommendations made by the Land
Management Committee after the approval being granted by the
Assistant Collector have been examined by different authorities in
exercise of power under Section 198(4) of the Act and later under its
revisional jurisdiction under Section 333 of the Act and even before
this Court, the respondents are unable to show that there is any
error or illegality being committed in the decisionmaking process
while the allotments were made in favour of the appellants allottees
on the recommendations made by the Land Management
Committee. In absence thereof, the authority competent, if has
failed to exercise its power vested under Rule 176(4) within the time
prescribed which is not within the ambit and control of the allottee
applicants, at least they cannot be saddled with heavy costs for the
inaction of the authorities in exercise of the power vested in it. In
the absence of any provision to invalidate such proceedings, it is
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inconsequential and there was no reason/justification to set aside
those allotments made.
20. In our view, the High Court has not examined the matter in
this perspective. At the same time, if the action has not been taken
by the authority within one week as referred to under Rule 176(4),
there is no consequential effect of its noncompliance. In the given
circumstances, the High Court has committed a serious error in
interpreting Rule 176(4) in the right perspective, and at the same
time, setting aside the proceedings and remitting the matter back to
the authority without any reason or justification. More so, no error
has been pointed out in the decisionmaking process adopted by
the authorities under the provisions of the Act or the Rules framed
thereunder.
21. Consequently, the appeals deserve to succeed and are
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accordingly allowed. The judgment of the High Court dated 12
th
August, 2010 and the review order dated 12 October, 2011 are
hereby set aside. No costs.
22. Pending application(s), if any, shall stand disposed of.
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…………………………….J.
(AJAY RASTOGI)
…………………………….J.
(BELA M. TRIVEDI)
NEW DELHI;
FEBRUARY 14, 2023
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