(1) Notwithstanding anything in section 77 of this Code, any bhumidhar may with prior permission in writing of the Sub-Divisional Officer exchange his land with the land-
(a) held by another bhumidhar; or
(b) entrusted or deemed to be entrusted to any Gram Panchayat or a local authority under section 59.
(2) The Sub-Divisional Officer shall refuse permission under sub-section (1) in the following cases, namely-
(a) if the exchange is not necessary for the consolidation of holdings or securing convenience in cultivation; or
(b) if the difference between the valuation, determined in the manner prescribed, of the lands given and received in exchange exceeds ten per cent of the lower valuation; or
11 [ Provided that permission for exchange may be granted even if the valuation of private land offered for exchange is more than ten percent of the value of the public land. ]
(c) if the difference between the areas of the land given and received in exchange exceeds twenty-five per cent of the lesser area; or
@span 2 [ Provided that permission for exchange may be granted even if the area of private land offered for exchange is more than twenty five percent of the area of the public land. ] (d) in the case of land referred to in clause (b) of sub-section (1), if it is reserved for planned use, or is land in which bhumidhari rights do not accrue; or
(e) if the land is not located in same or adjacent village of the same tahsil: Provided that the State Government may permit the exchange with land mentioned in clause
(d) aforesaid, on the conditions and in the manner,prescribed.
(3) Nothing in this section shall be deemed to empower any person to exchange his undivided interest in any holding, except where such exchange is in between two or more co-sharers.
(4) Nothing in the Registration Act, 1908 (Act No.16 of 1908), shall apply to an exchange in accordance with this section.
(a) held by another bhumidhar; or
(b) entrusted or deemed to be entrusted to any Gram Panchayat or a local authority under section 59.
(2) The Sub-Divisional Officer shall refuse permission under sub-section (1) in the following cases, namely-
(a) if the exchange is not necessary for the consolidation of holdings or securing convenience in cultivation; or
(b) if the difference between the valuation, determined in the manner prescribed, of the lands given and received in exchange exceeds ten per cent of the lower valuation; or
11 [ Provided that permission for exchange may be granted even if the valuation of private land offered for exchange is more than ten percent of the value of the public land. ]
(c) if the difference between the areas of the land given and received in exchange exceeds twenty-five per cent of the lesser area; or
@span 2 [ Provided that permission for exchange may be granted even if the area of private land offered for exchange is more than twenty five percent of the area of the public land. ] (d) in the case of land referred to in clause (b) of sub-section (1), if it is reserved for planned use, or is land in which bhumidhari rights do not accrue; or
(e) if the land is not located in same or adjacent village of the same tahsil: Provided that the State Government may permit the exchange with land mentioned in clause
(d) aforesaid, on the conditions and in the manner,prescribed.
(3) Nothing in this section shall be deemed to empower any person to exchange his undivided interest in any holding, except where such exchange is in between two or more co-sharers.
(4) Nothing in the Registration Act, 1908 (Act No.16 of 1908), shall apply to an exchange in accordance with this section.
1.Proviso inserted by U.P. Act No. 28 of 2020, Sec 8 2.Proviso Inserted by U.P. Act No. 28 of 2020, Sec 8