Guidelines regarding Section 5(c) of the U.P. Consolidation of Holdings Act, 1953 ( AI traslated version of official Hindi Version . In case of discrepancies ,the HIndi Version shall Prevail )

From: Consolidation Commissioner, Uttar Pradesh, Lucknow To: 1. All Assistant/Deputy Consolidation Officers, Uttar Pradesh 2. All Deputy/Assistant Settlement Officers (Consolidation), Uttar Pradesh 3. All District Deputy Directors of Consolidation/District Officers, Uttar Pradesh No.: 3150/Ch-415/2002 Date: 8 June 2005 Subject: Directions regarding Section 5(1)(c) of the U.P. Consolidation of Holdings Act, 1953. Section 5(1)(c) of the U.P. Consolidation of Holdings Act, 1953 provides that even if any land has been declared under the U.P. Imposition of Ceiling on Land Holdings Act, 1950, no tenant shall, without prior written permission of the Consolidation Officer, use his holding or any part of it for agricultural, industrial or animal husbandry purposes (including fisheries and poultry) in a manner not connected with the land. However, the tenant may continue using the land in the manner in which he had been using it before the date specified in the notification issued under Section 4. Further directions regarding judicial scrutiny, verification, preparation of case files, obtaining detailed reports, hearing of concerned parties, and issuing reasoned orders have been provided in Appendix 5 of the Consolidation Manual. It has been observed that permissions are being issued incorrectly for commercial purposes, benefiting intermediaries and harming village societies, farmers, and original tenants. The provision aims to ensure that personal use of land (up to 300 sq. meters) is not hindered, but it does not authorize permission for factories, commercial complexes, petrol pumps, schools, or similar uses. To prevent misuse of Section 5(1)(c), the following must be strictly followed: 1. Permission shall only be granted after inspection and verification, and only up to a maximum of 300 sq. meters for personal use. 2. Orders must be clear, reasoned, and speaking orders. These orders must be strictly complied with. (P.K. Jha) Consolidation Commissioner, Uttar Pradesh, Lucknow Copies sent to: 1. Principal Secretary, Revenue Department, Govt. of U.P., Lucknow 2. Secretary, Revenue Department, Govt. of U.P., Lucknow 3. All Divisional Commissioners, Uttar Pradesh 4. Private Secretary to Hon’ble Revenue Minister, Govt. of U.P. 5. Private Secretary to Hon’ble State Minister, Revenue, Govt. of U.P. (P.K. Jha) Consolidation Commissioner, Uttar Pradesh, Lucknow