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2017 (8) TMI 1477 - SUPREME COURTWhether permission of the Settlement Officer (Consolidation) was required to be obtained in terms of Section 5(c)(ii) of the U.P. Consolidation of Holdings Act before sale of the plot No. 386 (re-numbered as plot No. 348) in consolidation proceedings and hereinafter referred to as the suit property? Held that:- The purpose of a consolidation scheme is to provide consolidation of agricultural holdings. Abadi land, groves etc. are kept outside the scope of consolidation scheme. They cannot be re-allocated or re-allotted to any other person. Therefore, strictly speaking, they are not subject matter of the consolidation scheme. The intention of introducing Section 5(c)(ii) of the Act was that if the land holding is subject to consolidation proceedings then permission of the Settlement Officer (Consolidation) is required before the same is transferred. This is so because if the land, which is subject matter of consolidation proceedings, is sold or permitted to be transferred during consolidation proceedings, it could affect the entire consolidation scheme - However, if the land is not subject matter of the consolidation scheme, though it may be part of the holding of the tenure holder, then no permission is required. Admittedly, the suit property was “Chakout” and outside the purview of the consolidation scheme inasmuch as its value could not be taken into consideration while framing the scheme and it could not be allocated or allotted to any other person. Petition dismissed.
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