Neutral Citation No. - 2023:AHC-LKO:44780-DB
Court No. - 1 Case :- WRIT - C No. - 5631 of 2023
Petitioner :- Madhuri
Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt. Civil Secrt. Lko. And Others
Counsel for Petitioner :- Prateek Shrivastava,Avinash Singh Vishen
Counsel for Respondent :- C.S.C.,Mohan Singh
Hon'ble Devendra Kumar Upadhyaya,J. Hon'ble Om Prakash Shukla,J.
1. Heard the learned counsel for petitioner, learned State Counsel and Sri Anandya Shastri, holding brief of Sri Mohan Singh, learned counsel representing Gram Sabha/Land Management Committee concerned.
2. By means of this petition, a prayer has been made to quash a report dated 06.08.2022 prepared by the Lekhpal, whereby construction of overhead water tank has been proposed on Khasra Plot No.275 (kha) minjumala on an area of 0.090 hectare situate at Village Pokhardahan, Development Block Kadipur, Tehsil Kadipur District Sultanpur.
3. Submission of learned counsel for petitioner is that the said land was given on lease to the petitioner for plantation purposes and accordingly a lease deed was executed on 26.02.1992. His submission is that in terms of the lease, the petitioner has got a right for its renewal and accordingly he has submitted an application seeking renewal of the term of the lease, however, the said application has not been decided on one hand and on the other, the construction of overhead water tank has been proposed on the said land.
4. It is not in dispute that the plantation lease was given for a period of 30 years and accordingly, the term of the lease expired on 21.02.2022 and thereafter the lease stood determined. On determination of lease, the proposal has been made for construction of overhead tank on the land in question and as per clause 15 of the terms of the lease, State Government could resume the land in public interest and in that eventuality, the lease holder shall be entitled to the wood and to compensation,
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if any. A Government Order was issued in December, 1985 according to which, the person given the plantation lease will be entitled only to plant the trees and he shall be owner of the trees and not the land and further that ownership of such land will remain with the Gram Sabha/State Government.
5. Since the lease executed in favour of the petitioner has already expired on 21.02.2022, and it is only after determination of the said lease that construction of the overhead water tank has been proposed, we do not find any illegality in the proposal/report dated 06.08.2022.
6. The writ petition is, thus, dismissed.
7. However, while observing as above, we also provide that the right accrued in favour of the petitioner in terms of clause 15 of the lease dated 26.02.1992 shall be available to her for which purpose she may make an appropriate application to the Sub Divisional Officer concerned, who shall consider the same and pass appropriate orders in respect of the trees and woods, if any. The Sub Divisional Officer while considering such an application which is preferred by the petitioner under this order, shall also take into consideration the condition No.3 of the conditions as enumerated in the Government Order issued in December, 1985, copy of which shall be furnished by the petitioner to the Sub Divisional Officer while making the application under this order.
Order Date :- 11.7.2023 Shubhankar
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