Section 82State of Uttar Pradesh Act

Section 82: Cancellation of declaration

U.P. Revenue Code, 2006

Cancellation of declaration.

(1)

Whenever any holding or part thereof in respect of which a declaration has been made under Section 80 is used for [any purpose connected with agriculture,] [Substituted 'any purpose other than a purpose connected with agriculture,' by U.P. Act

No. 4 of 2016

, dated 11.3.2016.] the Sub-Divisional Officer may, of his own motion or on an application made in that behalf and after making such inquiry as may be prescribed, cancel such declaration.

(2)

Where a declaration is cancelled under sub-section (1) the following consequences shall in respect of the holding or part to which it relates ensue namely : -

(a)

the holding or part shall become subject to all restrictions imposed by or under this Chapter in matters of transfer and devolution.

(b)

the holding or part shall become liable to payment of land revenue with effect from the commencement of the agricultural year in which the order for cancellation of the declaration is made :

Provided that until any land revenue is reassessed on such holding or part in accordance with the provisions of this Code, the land revenue payable or deemed to be payable in respect of such holding or part before the grant of declaration under Section 80 shall be deemed to be the land revenue payable in respect of such holding or part,

(c)

where the land is in possession of any person other than the bhumidhar thereof on the basis of a contract or lease, and the terms of such contract or lease are inconsistent with the provisions of this Code, such contract or lease shall to the extent of the inconsistency, become void and the person in possession shall be liable to ejectment on the suit of the bhumidhar :

Provided that a mortgage with possession existing on the date of the cancellation of the declaration shall, to the extent of the amount due and secured on such land, be deemed to be substituted by a simple mortgage carrying such rates of interest as may be prescribed;

Sec 81 — Consequences of declaration

Sec 83 — [ [Substituted by U.P. Act No. 4 of 2016, dated 11.3.2016.]

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