Ownership of land and other properties, section 54 to section 58 of up land revenue code deals with such a property whose ownership is their on unclarified property, either it is owned by individual or by state government. To determine and to clarify this misunderstanding the statutes of uttar pradesh local law I.e Uttar Pradesh land revenue code 2006 states.
Title of State in all lands etc, Section 54 uttar pradesh land revenue code
- All public roads,
- lanes and paths,
- bridges,
- ditches,
- dykes and fences on or beside them,
- the bed of rivers,
- streams, nallas, lakes, ponds and tanks
- and All canals and water channels, and
- All standing and flowing water,
- and All lands wherever situated, which are not owned by any person, and except insofar as any rights of any persons may be established in or over the same.
- And except as may be otherwise provided in any law for the time being in force, are hereby declared, with all rights in or over the same, or appertaining thereto, to be the property of the State Government.
Provide that nothing in this section shall be deemed to affect the rights of any person
subsisting in any such property immediately before the date of commencement of this Code.
Mines and minerals, Ownership of land section 55 up land revenue code
- (1) Notwithstanding anything contained in this Code, the right to operate or work in any mine or to extract any mineral there from shall be governed by the Mines and Minerals (Development and Regulations) Act, 1957.
Deemed state government ownership
- (2) Every lessee of building or land, leased or deemed to have been leased out by the State Government under any of the enactments repealed by this Code.
- For the purposes connected with the working or extraction of any mine or mineral, and operating on the date of commencement of this Code.
- Shall, subject to the terms and conditions of the lease aforesaid, continue to retain possession thereof on payment of such rent as was in force on the date of such commencement.
Rights in trees, Ownership of land Section 56 up land revenue code
(1) All trees existing on any holding or grove shall, subject to the provisions of this Code or any other law for the time being in force, be deemed to belong to the person who holds such holding or grove.
(2) All trees existing on the boundary of any holdings shall be deemed to belong jointly to the persons who hold the holdings on either side of such boundary.
आबादी या बिना कब्जे वाले जमीन पर लगे पेड़ पर किसका स्वामित्व या अधिकार होगा, यूपी भू राजस्व
- (3) All trees in abadi or in any unoccupied land belonging to or held by any person immediately before the date of commencement of this Code.
- Shall continue to belong to such person, and be held subject to any other law for the time being in force and to any rules made under this Code.
Rights in trees Deemed to be the property of the State Government,
(4) Subject to the provisions of section 57, all trees, brushwood, jungle or other natural product, wherever growing or planted, other than the trees referred to in sub-section (1) to (3).
Shall, with effect from the date of commencement of this Code be deemed to be the property of the State Government.
Explanation- For the purposes of this section, and section 59, the expression ‘unoccupied land’ means the land in a village other than the land held by tenure holders.
Fruit bearing trees, Ownership, Section 57 uttar pradesh land revenue code
Fruit bearing trees Planted by any person on either on any public road or path or canal, ownership before this up revenue code
(1) Where before the commencement of this Code, any fruit bearing tree was planted by any person on either side of any public road or path or canal.
With the permission in writing of any revenue officer or any officer of the Forest or Public Works Department or Irrigation Department of the State Government, not below the rank of a Tahsildar or an Assistant Conservator of Forest or an Assistant Engineer, as the case may be.
Then, notwithstanding that such land vests in the State Government, such person and his legal representative shall be entitled to the fruits of such trees without payment of any charges whatsoever.
The Fruit bearing trees Planted by any person on either on any public road or path or canal, ownership after this up revenue code
(2) Any person desiring to plant a fruit bearing tree after the commencement of this Code, on either side of any public road or path or canal.
May do so with the permission in writing of the Collector or any other officer authorised by the State Government in this behalf, and the provisions of sub-section (1) shall apply to the trees so planted.
Heritable ownership right on fruit tree planted on government land, up land revenue code
(3) The right conferred under this section shall be heritable but the person planting the fruit bearing tree or his heirs shall have no right on the corpus of such tree or in the land on which it stands.
Disputes to be decided by the Collector on ownership of fruit trees Section 58 uttar pradesh land revenue code
(1) Where any dispute arises in respect of any property referred to in section 54 or section 56 or section 57 or in respect of any right to such property, such dispute shall be decided by the Collector.
(2) Any person aggrieved by any order passed under sub-section (1) may file an appeal before the Commissioner within thirty days from the date of order.
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