Lease of Land by Gram Panchayat

Lease of Land by Gram Panchayat, the land which are under the government it Means at village it’s on to the Gram sabha it’s consider as the Gram Panchayat land.

And that land, their utilisation and other subject manged by the bhumi prabandhak samiti of that village, Lease of Land by Gram Panchayat.

Admission by Bhumi Prabandhak Samiti to land entrusted to Gram Panchayat Section 125, up land revenue

The Bhumi Prabandhak Samiti may, with the previous approval of the Sub-Divisional Officer, admit any person as 63,

• (a) Bhumidhar with non-transferable rights to any land entrusted or deemed to be entrusted to the Gram Panchayat under section 59 other than land specified in section 77.
• (b) Asami to any land specified in section 77 except in clause (a) or clause (h) or (i) thereof where such land is entrusted or deemed to be entrusted to the Gram Panchayat under section 59 other than a tank specified in clause (a) of section 61.

Asami means, up land revenue code 2006

Asami is a minor form of tenure, he is a non-occupancy tenant who holds land on a temporary basis, he is not a permanent owner only the right given to use land for for agriculture, horticulture, animal husbandry, poultry farming, and pisciculture etc. It may inherent their rights but can not be transferred or permanent.

Order of preference in admission to land by Bhumi Prabandhak Samiti, Section 126 up land revenue

(1) In the admission of any person to land as bhumidhar with non-transferable rights or as asami under section 125, hereinafter in this Chapter referred to as allotment of land, the Bhumi Prabandhak Samiti shall observe the following order of preference.

Armed Forces of the Union

• (a) A landless widow, sons, unmarried daughters or parents residing in the Gram Sabha of a person who has lost his life while in active service in the Armed Forces of the Union.
• (b) A landless person residing in the Gram Sabha who has become wholly disabled while in active service in the Armed Forces of the Union.

Landless agricultural labourer

• (c) A landless agricultural labourer residing in the Gram Sabha and belonging to a scheduled caste or scheduled trib, other backward class or a person of general category living below poverty line as determined by the State Government.
• (d) Any other landless agricultural labourer residing in the Gram Sabha.
• (e) A landless person residing in the Gram Sabha who has retired or been released or discharged from service in the Armed Forces of the Union, otherwise than as an officer.
• (f) A landless freedom fighter residing in the Gram Sabha, who has not been granted political pension.

Holding land less than 1.26 hectares, lease of land by Gram Panchayat up land revenue

• (g) Any bhumidhar or asami residing in the Gram Sabha and holding land less than 1.26 hectares, lease of land by Gram Panchayat up land revenue.

Residing in the Nyaya Panchayat, not in village, lease of Land by Gram Panchayat

• (h) Any other landless agricultural labourer belonging to
• A scheduled caste or
• Scheduled trib,
• Other backward class or
• A person of general category living below poverty line as determined by the State Government
• Not residing in the Gram Sabha
• But residing in the Nyaya Panchayat circle referred to in section 42 of Uttar Pradesh Panchayat Raj Act, 1947.

What Bhumi Prabandhak Samiti means ? Up land revenue code

Bhumi Prabandhak Samiti is nothing but the samiti, group of elected ward members of the village with the Chairperson as Gram pradhan of the village and in place of secretary the circle Lekhpal shall be the part of Bhumi Prabandhak samiti of village.

These Bhumi Prabandhak samiti take decision on the government land such as navin parti, usar, banjar, etc land which own by gram panchayat, to what and how the land use can be.

Widow & physically disabled persons Order, Lease of Land, up land revenue

Provided that preference shall be given to widow and physically disabled persons,
Explanation- For the purposes of this sub-section- (i) ‘Allotment’ includes any allotment made under the corresponding provisions of any enactment repealed by this Code.

Deemed to be ‘landless’, Lease of Land by Gram Panchayat

(iii) A person shall be deemed to be ‘landless’ if he or his spouse or their minor children, and where the allottee is himself a minor, then his parents hold no land on the date of allotment or within two years immediately preceding the said date.

Freedom fighter means, lease of land by Gram Panchayat up land revenue code

(iv) The expression ‘freedom fighter’ means a person so defined in the Uttar Pradesh Public Services (Reservation for Physically disabled, Dependents of Freedom Fighters and Ex Service man) Act, 1993.

Other backward class means, lease of land by Gram Panchayat up land revenue

(v) ‘Other backward class’ means the backward classes of citizens specified in Schedule-I of the Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Trib and Other
Backward Classes) Act, 1994.

Below poverty line, Lease of Land by Gram Panchayat up land revenue code

(vi) “Person of general category living below poverty line” means such persons as may be determined from time to time by the State Government.
(2) The land that may be allotted under sub-section (1) shall not exceed such area as together with the land held by him as bhumidhar or asami immediately before the allotment would aggregate to 1.26 hectares.

Consequences of allotment, section 127 up land revenue code

(1) Where any land is allotted to a person in accordance with sections 125 and 126 and any tree or other improvement exists on such land, then unless the contrary intention appears, such tree or improvement shall also be deemed to be allotted to the person concerned along with the land.

(2) The allottee shall hold the land so allotted on such terms and conditions as may be prescribed:

Provided that if the allottee is a married man and his wife is alive, she shall be co-allottee of equal share in the land so allotted.

Cancellation of allotment and lease, by Gram Panchayat,s section 128 up land revenue code

(1) The Collector may, of his own motion and shall on the application of any person aggrieved, inquire in the manner prescribed into any allotment and if
he is satisfied.

That the allotment is in contravention of the provisions of this Code or any of the enactments repealed by this Code or the rules made there under, he may cancel the allotment and the lease, if any.

Allotment of lease, period of cancellation of lease, up land revenue code

(1-A) Under the provisions of sub section (1), an application may be moved in the case of an allotment or lease of land made before or after the commencement of this code, within five years from the date of such allotment of lease.

Lease of any land is cancelled following
consequences, Up land revenue code

(2) Where the allotment or lease of any land is cancelled under sub-section (1), the following consequences shall ensue, namely-

• (a) The right, title and interest of the allottee or lessee or any other person claiming through him in such land and in every tree or other improvement existing thereon shall cease, and the same shall revert to the Gram Panchayat.

Delivery of possession over land, tree or improvement, Lease of land by Gram Panchayat up land revenue

• (b) the Collector may direct delivery of possession over such land, tree or improvement forthwith
• to the Gram Panchayat after ejectment of every person holding or retaining possession thereof and
• may for that purpose use or cause to be used such force as may be necessary.

Proceedings for cancellation of lease ,gram panchayat up land revenue code

(3) Where in proceedings for cancellation of allotment or lease referred to in clause (b) of subsection (1) the Collector is satisfied that any land referred to in section 77 excepting clause (a) or clause (h) or (i) thereof has been allotted to any person as bhumidhar with non transferable rights, he may instead of cancelling the allotment, or lease, direct that the allottee or lessee shall be treated as an asami under clause (b) of section 125.

(4) Every order made by the Collector under this section shall, subject to the provisions of section 210, be final.

(5) The provisions of sections 5 and 49 of the Uttar Pradesh Consolidation of Holdings Act, 1953 shall not apply to the proceedings under this section.

Restoration of possession to allottee or the Government lessee, Section 129 up land revenue code

• (1) Where any person is admitted to any land in accordance with section 125, or
• Where any land is let out to any person by the State Government, and any person, other than the allottee or
• Lessee, is in occupation of such land in contravention of the provisions of this Code.
• The Assistant Collector may, of his own motion, and
• Shall, on the application of the allottee or the lessee, as the case may be, put him in possession of such land, and
• May for that purpose use or cause to be used such force as he considers necessary.

Mutatis mutandis Lease of land by Gram Panchayat, up land revenue code

• (2) The provisions of sub-section (2) to (8) of section 65 shall mutatis mutandis
• apply in relation to reoccupation of any land or part thereof after possession has been delivered under sub-section (1).
• Mutatis mutandis means If any previous existence of subject matter, then it applies as same to new subject but with necessary changes made into it.
• Example a precedent case applies to a current matter, but with necessary changes made.