Uttar Pradesh Land Allotment Dispute: Supreme Court Quashes Cancellation of Village Land Patta

The case of Smt. Shyamo Devi & Others vs. State of Uttar Pradesh & Others addressed a dispute over land allotments in Uttar Pradesh. The Supreme Court examined whether the state could cancel land allotted to poor villagers decades later based on alleged procedural irregularities. The ruling emphasized that long-settled residential claims should not be disturbed without strong legal grounds.

Background of the Case

The dispute involved khasra plot No.185 in Rampur Kedhar Village, which was initially designated as a Panchayat Ghar in 1969-70 but later declared unsuitable in 1993. The village Pradhan requested that portions of the plot be reassigned for residential use. Subsequently, various individuals, including the petitioners, received allotments under Section 122-C(i)(d) of the Uttar Pradesh Zamindari Abolition and Land Reforms Act (UPZALR Act).

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However, in 2007, 13 years after the allotments, the Lekhpal (local revenue officer) reported that the plot was originally designated for Panchayat Ghar use and should not have been allocated for residential purposes. The Tehsildar forwarded this report to the District Magistrate, who initiated proceedings to cancel the allotments. Show cause notices were issued, and the Additional Collector ruled that no time limit existed for such cancellations under the UPZALR Act.

The petitioners challenged this decision, but both the Additional Commissioner and the Allahabad High Court upheld the cancellation. The case was then brought before the Supreme Court.

Petitioners’ Arguments

The petitioners, who were poor villagers, contended:

• The proceedings were initiated after an unreasonable delay of 13 years.
• They had legally constructed houses on the land and resided there for years.
• The Lekhpal’s report was arbitrary and did not establish any fraud in the allotments.
• The land had been reassigned for residential use by government authorities before allotment.
• There was no evidence that they had misrepresented facts or engaged in wrongdoing.

Respondents’ Arguments

The State of Uttar Pradesh defended the cancellation, arguing:

• The land was originally designated for Panchayat Ghar use and should not have been reallocated.
• Under the UPZALR Act, there is no limitation period for canceling irregular land allotments.
• The government has the right to reclaim land improperly assigned for residential purposes.

Supreme Court’s Ruling

The Supreme Court overturned the cancellation, ruling:

• The government cannot arbitrarily revoke long-standing land allotments.
• While the UPZALR Act does not specify a limitation period, state action must be taken within a reasonable time.
• In this case, the 13-year delay made the cancellation unfair.
• There was no concrete evidence that the petitioners had committed fraud.
• Removing poor villagers from land they had legally occupied and developed would cause undue hardship.

As a result, the Supreme Court restored the petitioners’ land rights and directed that their residential use be protected.

Conclusion

This ruling reinforces the principle that long-established property rights cannot be arbitrarily revoked by the state. While authorities must uphold land-use laws, they must also respect the rights of individuals who have lawfully occupied land for extended periods.

Read also: https://judgmentlibrary.com/punjab-and-haryana-high-courts-jurisdiction-in-second-appeals-supreme-courts-landmark-ruling/

Petitioner Name: Smt. Shyamo Devi & Others.
Respondent Name: State of Uttar Pradesh & Others.
Judgment By: Justice C.T. Ravi Kumar, Justice Aravind Kumar.
Place Of Incident: Rampur Kedhar Village, Uttar Pradesh.
Judgment Date: 16-05-2024.

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