N.S. Ravi, Member.
1. This revision has been filed against the order dated 2152003 passed by Collector Lalitpur in a Suit No. 247 of 200102 under Section 198 (4) of the U.P.Z.A. and L.R. Act.
2. The main contention of the revisionist is that since the land had been acquired for Govind Sagar Dam Project by Irrigation Department long back in the year 1947 it no more remained Gaon Sabha land therefore no action under Section 198(4) of the Act can be initiated. secondly, the Patta was granted in the year 1989 whereas action under Section 198(4) of the Act was initiated in the year 2001 which is highly time barred and on this count also no action can be taken.
3. The learned D.G.C. (Revenue) argued that the Patta was void abinitio, because on the date of allotment the land was not available for allotment since it had already been acquired and notified or construction of Govind Sagar Dam. Secondly, the action of the Collector under Section 198(4) of the Act is justified. Section 198(4) of the Act pertains to the land which has been vested in the Gaon Sabha under Section 117 or it has come into the possession of the concerned L.M.C. under Section 194 of the Act. The land in question falls in the neither categories. The Patta by the Goan Sabha in the year 1989 was void abinitio without jurisdiction which cannot create any right in favour of the allottee. The Govind Sagar Dam Authorities may take recourse of the relevant legal process for eviction of the revisionist.
4. The revision is accordingly dismissed.
Revision dismissed.
