Regarding the protection of land vested in Gram Sabha/Local Authorities and the land belonging to the State Government ( AI traslated version of official Hindi Version . In case of discrepancies ,the HIndi Version shall Prevail )

Sender, Highest Priority Consolidation Commissioner, Uttar Pradesh, Lucknow. To, All- 1. District Magistrate/District Deputy Director of Consolidation, Uttar Pradesh. Deputy Director of Consolidation, Uttar Pradesh. 2. Settlement Officer of Consolidation/Assistant Settlement Officer of Consolidation, Uttar Pradesh. 3. Settlement Officer of Consolidation, Uttar Pradesh, concerned by the Consolidation Officer, Uttar Pradesh. 4. Settlement Officer of Consolidation, Uttar Pradesh, concerned by the Assistant Consolidation Officer, Uttar Pradesh. Number: 6571/G-415/2009-10 Date: July 9, 2009 Subject: Regarding the protection of land vested in the Gram Sabha/local authority and land belonging to the State Government. Sir, Regarding the entry of orders passed under the Consolidation process in respect of land vested in the Gram Sabha/local authority and land belonging to the State Government, please refer to the Directorate's letter No. 2341/G-415/97-98 dated 07-04-2001 and letter No. 4917/G-415/2002 dated 24-12- 2004, which directs that any order passed by a Consolidation Authority under Section 11(c) of the Consolidation of Lands Act regarding land vested in the Gram Sabha/local authority or land registered in the name of a State Government department, should be entered into the revenue records in a manner that does not adversely affect the interests of the Gram Sabha/local authority or the State Government. Despite clear instructions, cases are being reported where consolidation authorities have not followed the prescribed procedures in implementing orders passed under Sections 9A, 11, or 48 of the Act in the revenue records, thereby adversely affecting the interests of the Gram Sabha/local authority and/or the State Government. It is understood that any land vested in the Gram Sabha/local authority and land registered in the name of any department of the State Government is for public purposes and the benefits of which are available to the general public without any discrimination. Therefore, in such circumstances, consolidation authorities should exercise extreme caution before passing any adverse order on such land and should strictly follow the procedures prescribed in the Act and Rules. 2. Section 11(C) of the Uttar Pradesh Consolidation of Holdings Act, 1953 provides the following:- "11-C. In the course of hearing of an objection under Section 9-A or an appeal under Section 11, or inproceedings under Section 48, the Consolidation Officer, the Settlement Officer (Consolidation) or the Director of Consolidation, as the case may be, may direct that any land which vests in the State Government or the Gaon Sabha or any other local body or authority may be recorded in its name, even though no objection, appeal or revision has been filed by such Government, Gaon Sabha, Local Body or Authority." 3. It is intended that if any objection/appeal or monitoring proceedings at the level of the Consolidation Officer under Section 9A, or at the level of the Settlement Officer under Section 11, or at the level of the Deputy Director of Consolidation under Section 48, affect the interests of the Gram Sabha/Local Authority and/or the State Government, the Consolidation Authority concerned will fully protect the interests of the Gram Sabha/Local Authority and/or the State Government, and it is not necessary for the Gram Sabha/Local Authority or the State Government to file any objection/appeal or monitoring proceedings. A similar ruling has been given by the Hon'ble Supreme Court in Rammurat vs. Deputy Director Consolidation (2000 RD 531), and the Hon'ble High Court has also laid down similar legal provisions in Palakdhari vs. Deputy Director Consolidation (1991 RD 111), Babulal vs. DDC (1985 RD 238), Rampati vs. State of Uttar Pradesh and others (2004(96) RD 1284), State of Uttar Pradesh vs. Smt. Bimla 4. You are also aware that since the judicial process of consolidation of holdings falls under the purview of Section 49 of the Act, the orders passed cannot be challenged in the revenue courts or civil courts, except in eviction proceedings under Section 122B of the UPZALR Act, 1950. Therefore, in such a situation, the consolidation authorities have an even greater responsibility to exercise extreme caution when passing any order regarding land belonging to the Gram Sabha/local authority or the State Government. 5. Another important point worth noting in this context relates to the cancellation of consolidation under Section 6(1) of the Uttar Pradesh Consolidation of Holdings Act. It is often observed that even after the consolidation process has reached a fairly advanced stage in villages, demands are made to cancel the consolidation notification under Section 6(1) of the Act, and the District Magistrate/District Deputy Director of Consolidation and the Consolidation Authorities also recommend cancellation of the consolidation. The proposals received from the District Magistrates in this regard make no mention of whether any order has been passed by any Consolidation Authority/Court regarding the land belonging to the Gram Sabha/Local Authority or the State Government during the consolidation process so far, which has adversely affected the interests of the Gram Sabha/Local Authority or the State Government. With the issuance of the notification under Section 6(1) without proper scrutiny, all judicial orders passed till that date have come under the ambit of Section 49 of the Act and hence such cases cannot be raised before the Revenue Courts later. 6. Although a notification under Section 6(1) may be issued in any of the four circumstances mentioned in Rule 17 of the Uttar Pradesh Consolidation of Holdings Rules, 1954, there is perhaps no clear provision in the Act or the Rules to ensure that, before cancelling a notification under Section 6(1), it can be ensured that no order contrary to the interests of the Gram Sabha/local authority or the State Government has been passed in the consolidation process so far, and if any has been passed, the necessary legal action has been taken against it by the concerned Gram Sabha/local authority or the State Government in the competent court or the Hon'ble High Court. 7. The possibility cannot be ruled out that selfish and corrupt elements may succeed in causing harm to the Gram Sabha/local authority or the State Government through collusive suits in relation to the land belonging to the Gram Sabha/local authority or the State Government. 8. Therefore, in light of the above, it is also essential that before submitting a proposal for cancellation of consolidation under Section 6(1) of the Consolidation of Lands Act, the District Magistrate/District Deputy Director of Consolidation and the concerned Settlement Officer should ensure that no order has been passed at any level during the consolidation process regarding the land belonging to the Gram Sabha/local authority or the State Government, which has adversely affected the interests of the Gram Sabha/local authority or the State Government. If such an order has been passed at any level, whether the necessary legal proceedings have been initiated by the concerned Gram Sabha/local authority or the State Government in the competent court or the High Court. Under Section 6(1) of the Act, the proposal for cancellation of consolidation must also include a clear and detailed description of the action taken in this regard, including the consolidation authority responsible for passing such illegal order and the action taken or proposed against it. 9. Strict compliance with the above legal provisions and instructions should be ensured at every level. Yours truly (NS Ravi) Chakbandi Commissioner, Uttar Pradesh. Number and date as above. Copy- Forwarded to the following for information and necessary action:- 1- All Mandal Commissioners, Uttar Pradesh. 2-Commissioner and Secretary, Revenue Council, Uttar Pradesh, Lucknow. 3-Staff Officer, Hon'ble Chairman, Revenue Council, Uttar Pradesh, Lucknow. 4- Principal Secretary, Revenue Section-8, Government of Uttar Pradesh, Lucknow. (NS Ravi) Chakbandi Commissioner, Uttar Pradesh.