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Hansraj v. Mewalal and Ors.

Civil Appeal · 2019 INSC 41Decided 9 Jan 2019
Civil Appeal Nos. 87-88 of 2019
Justice Ashok Bhushan · Justice K.M. Joseph

Background

The appellant and his brother were co-owners (Bhumidhars) of an agricultural plot in Uttar Pradesh; after the brother sold his half-share to the respondents, the village went through land consolidation, and a dispute arose over which co-sharers would be allotted "chaks" (consolidated plot portions) adjoining a valuable pitch road built on the northern side of the original plot. After conflicting decisions by the Consolidation Officer, Settlement Officer, and Deputy Director of Consolidation, the High Court sided with the respondents and restored the Consolidation Officer's order giving them the road-side chak while placing the appellant's chak away from the road.

Decision Breakdown

The Supreme Court held that the Settlement Officer and Deputy Director of Consolidation had correctly allotted chaks so that every co-sharer, including the appellant and the respondents, received some portion adjoining the pitch road, an equitable arrangement based on actual spot inspections showing existing structures and installations (like the appellant's boring/pumping set) of the parties. Since the plot had never been formally partitioned under Section 176 of the U.P. Zamindari Abolition & Land Reforms Act, all co-sharers retained undivided rights in the whole holding, and the High Court erred in restoring an arrangement that gave road access only to the respondents while excluding the appellant. The Court set aside the High Court's judgment and restored the earlier equitable allotment made by the Settlement Officer and Deputy Director of Consolidation.

Lesson Learnt

Where agricultural land held jointly by co-sharers has not been formally partitioned by law, every co-sharer retains an undivided interest in the whole holding, and consolidation authorities are expected to allot replacement plots equitably among all co-sharers rather than favouring one group over another.

Official source (sci.gov.in)View Judgment (PDF)

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