Section 128State of Uttar Pradesh Act

Section 128: Cancellation of allotment and lease

U.P. Revenue Code, 2006

Cancellation of allotment and lease.

(1)

The Collector may, of his own motion and shall on the application of any person aggrieved, inquire in the manner prescribed into any allotment and if he is satisfied that the allotment is in contravention of the provisions of this Code or any of the enactments repealed by this Code or the rules made thereunder, he may cancel the allotment and the lease, if any.[***] [Omitted 'clause (a) and clause (b)' by U.P. Act

No. 4 of 2016

, dated 11.3.2016.][(1-A) Any application under sub-section (1) may be moved in the case of an allotment of land made before the commencement of this Code, within five years from the date of such commencement and in the case of an allotment of land made on or after the date of such commencement, within five years from the date of such allotment or lease.] [Inserted by U.P. Act

No. 4 of 2016

, dated 11.3.2016.]

(a)

the right, title and interest of the allottee of leassee or any other person claiming through him in such land and in every tree or other improvement existing thereon shall cease, and the same shall revert to the [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act

No. 4 of 2016

, dated 11.3.2016.];

(b)

the Collector may direct delivery of possession over such land, tree or improvement forthwith to the [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act

No. 4 of 2016

, dated 11.3.2016.] after ejectment of every person holding or retaining possession thereof and may for that purpose use or cause to be used such force as may be necessary.

(3)

Where in proceedings for cancellation of allotment or lease referred to in clause (b) of sub-section (1) the Collector is satisfied that any land referred to in Section 77 excepting clause (a) or clause (h) or (i) thereof has been allotted to any person as bhumidhar with non-transferable rights, he may instead of cancelling the allotment or lease, direct that the allottee or lessee shall be treated as an asami under clause (b) of Section 125.

(4)

Every order made by the Collector under this section shall, subject to the provisions of Section 211, be final.

(5)

The provisions of Sections 5 and 49 of the Uttar Pradesh Consolidation of Holding Act, 1953 shall not apply to the proceeding under this section.

Sec 127 — Consequences of allotment

Sec 129 — Restoration of possession to allottee or the Government lessee

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