Case Note & Summary
The Supreme Court affirmed the High Court's decision in a land dispute involving Plot No. 2362 in Shamli, Uttar Pradesh, where appellants purchased land from successors, a recognized Sirdar, and obtained a declaration under Section 143 of the U.P. Z.A. & L.R. Act in 1984 to convert the land to residential use -- Respondents, agricultural laborers from Scheduled Caste and Scheduled Tribe communities, occupied the land in 1976-1977 and built houses before 30.06.1985 -- In 1988, a notice under Section 123 of the U.P. Z.A. & L.R. Act was issued to regularize the respondents' possession, leading to an order by the Sub-Divisional Officer in 1989 recording their names in revenue records -- The appellants challenged this via a writ petition, which was dismissed by the High Court in 2007 -- The Supreme Court held that Section 123(2)'s legal fiction overrides the Section 143 declaration, regularizing the respondents' occupation based on possession before the cut-off date, and upheld the quashing of pending civil suits under Article 227 to prevent abuse of process
Headnote
The Supreme Court dismissed the Civil Appeal, upholding the High Court's judgment that regularized the occupation of land by Scheduled Caste and Scheduled Tribe respondents under Section 123 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (U.P. Z.A. & L.R. Act) -- The Court held that Section 123(2) creates a legal fiction and non-obstante clause deeming land settled with house owners in possession as on 30.06.1985, regardless of a declaration under Section 143 -- The declaration under Section 143 only excludes Chapter VIII of the U.P. Z.A. & L.R. Act and does not prevent the application of Chapter VII containing Section 123 -- The respondents' possession and construction of houses before 30.06.1985 were established, making them eligible for regularization irrespective of consent or trespass -- The High Court's exercise of suo motu powers under Article 227 of the Constitution of India to quash pending civil suits was upheld as preventing abuse of process
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Issue of Consideration: The Issue of whether unauthorized occupation of private land by agricultural laborers could be regularized under Section 123 of the U.P. Z.A. & L.R. Act, effectively transferring ownership to them, despite a declaration under Section 143 converting the land to non-agricultural use
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Final Decision
The Supreme Court dismissed the civil appeal, upholding the High Court's judgment that regularized the respondents' occupation under Section 123 of the U.P. Z.A. & L.R. Act and quashed pending civil suits under Article 227 of the Constitution of India
