• Regarding Section 143 of the U.P. Zamindari abolition

Can Noida authority acquire the land which lies under Section 143 of the U.P.Zamindari abolition and Land Reforms Act, and does it affect the master plan of Noida?
please provide the Act 143 details.
Asked 7 years ago in Property Law
Religion: Hindu

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1 Answer

Where a Bhumidhar with transferable rights uses his holding or part thereof for

a purpose not connected with agriculture, horticulture or animal husbandry

which includes pisciculture and poultry farming, the Assistant Collector-in-

charge of sub-division may, suo motu or on an application, after making such

enquiry as may be prescribed, make a declaration to that effect.

(1-A) Where declaration under sub-section (1) has to be made in respect of a

part of the holding, the Assistant Collector-in-charge of the sub-division may, in

the manner prescribed, demarcate such part for the purposes of such

declaration.

2 Upon the grant of the declaration mentioned in sub-section (1), the provision of

this Chapter (other than this section) shall cease to apply to the Bhumidhar with

transferable rights with respect to such land and he shall thereupon be

governed in the matter of devolution of the land by personal law to which he is

subject.

3 Where a bhumidhar with transferable rights has been granted, before or after

the commencement of the Uttar Pradesh Land Laws (Amendment) Act 1978,

any loan by the Uttar Pradesh Financial Corporation or by any other corporation

owned or controlled by the State Government, on the security of any land held

by such Bhumidhar, the provisions of this Chapter (other than this section) shall

cease to apply to such Bhumidhar with respect to such land and he shall

thereupon be governed in the matter of devolution of the land by personal law

to which he is subject.

Thus if NOIDA authority acquire the land under the above referred provisions of law, it can utilise the same for the purpose after necessary sanctions which would impose such conditions that may not endanger the master plan of NOIDA.

T Kalaiselvan
Advocate, Vellore
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