Land Allotment Dispute: Challenging Cancellation Orders Examining the Legal Validity and Timeliness of Cancellation Proceedings under UPZALR Act


Summary of Judgement

Appeal against a judgment dated 19.01.2010 by the High Court of Judicature at Allahabad, which upheld the cancellation of a patta (land allotment) in Uttar Pradesh. The appeal challenges the dismissal of the writ petitioners' challenge to the cancellation order. Despite repeated opportunities, the appellants failed to appear in court, leading the court to examine the case based on available arguments. The appeal argues against the cancellation of the land allotment, initiated after 13 years, due to alleged irregularities.

1. Background and Appeal: The appeal challenges a judgment upholding the cancellation of a land allotment in Uttar Pradesh.

2. Procedural History: The appellants repeatedly failed to appear in court, prompting the court to proceed based on available arguments.

3. Short Facts: A plot designated as a Panchayat Ghar was later reassigned for residential use, leading to the initiation of cancellation proceedings after 13 years.

4. Proceedings and Arguments: The cancellation proceedings were initiated due to alleged irregularities in the land allotment. The respondent-state argued for the justification of these proceedings.

5. Judicial Analysis: The court considered the absence of a specified limitation for initiating proceedings under the UPZALR Act, emphasizing the need for reasonable timelines for exercising statutory powers.

6. Precedent and Legal Interpretation: Citing relevant case law, the court emphasized the necessity of exercising statutory powers within a reasonable time, especially in cases involving fraud.

7. Decision and Reasoning: The court found that the initiation of proceedings after 13 years without establishing fraud or irregularities did not justify the cancellation of allotments. It emphasized the need for foundational facts and reasonable timelines for exercising statutory powers.

8. Conclusion: The court allowed the appeal, setting aside the impugned orders, and highlighted the injustice of unsettling poor villagers who had constructed homes on the allotted land.

Case Title: Shyamo Devi And Others vs State Of U.P. Through Secretary And Others

Citation: 2024 LawText (SC) (5) 163

Case Number: Civil Appeal No. 5539 Of 2012

Advocate(s): Yash Pal Dhingra, Tanmaya Agarwal, Wrick Chatterjee, Aditi Agarwal, Vinayak Mohan

Date of Decision: 2024-05-16