Bhumidhar rights not to accrue in certain lands

Section 77 of Uttar Pradesh Revenue Code-2006 deals with bhumidhar rights not to accrue in certain lands. 77. (1) Notwithstanding anything contained in this Code or any other law for the time being in force; The Act was enacted on 11 Feb 2016.

77. (1) Notwithstanding anything contained in this Code or any other law for the time being in force; no person shall acquire the rights of a Bhumidhar in the following land :

(a) Khaliyan, manure pits, pasture land or land normally used as burial or cremation ground ;

(b) land covered by water and used for the purpose of growing singhara or other produce ;

(c) land situate in the bed of a river and used for casual or occasional cultivation ;

(d) such tracts of shifting or unstable cultivation which the State Government may by notification specify ;

(e) land declared by the State Government to be intended or set apart for taungya plantation and notified as such ;

(f) grove land entrusted or deemed to be entrusted to a ¹[ Gram Panchayat] or any other local authority under section 59 ;

(g) land included in sullage farm or trenching ground entrusted or deemed to be entrusted to a ¹[ Gram Panchayat] or any other local authority under section 59 ;

(h) land acquired or held for a public purpose or a work of public utility ;

(i) land covered by a pond, tank or lake, or forming part of an embankment, bandh or bhita ; and

(j) any other land which the State Government may, by notification, specify in this behalf ;

Explanation—The expression 'public purpose', in clause (h) shall include ;

(i) land set apart for military incamping ground ;

(ii) land included within railway or canal boundaries ;

(iii) land acquired and held by a local authority for its own purposes ;

(iv) land referred to in section 29-C of the Uttar Pradesh Consolidation of Holdings Act, 1953 ; or

(v) land reserved by a 1Gram Panchayat for the purposes of public utility ;

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³[ (2) Notwithstanding anything to the contrary contained in other provisions of this Code, where, any land or part thereof specified in sub-section (1) of this section is, surrounded by or, in between, or on the edges and necessary for public purpose, the plot or plots of land purchased, acquired or resumed for public purpose, the State Government may change the class of such public utility land, and if class of such public utility land is changed, any other land equivalent to or more than that of the aforesaid public utility land, shall be reserved for the same purpose in the same or any nearby Gram Panchayat or local authority, as the case may be or the State Government may permit the exchange thereof under section 101 of this Code in the manner prescribed :

Provided that the class of any public utility land may be changed only in the exceptional cases on such terms and conditions, as may be prescribed. The reason for changing the class of public utility land shall be recorded in writing.]

(3) The State Government, while changing the class of the land or permitting the exchange of the same under section 101 of the Code, shall consider the location, public utility and suitability of the land proposed to be reserved or exchanged.

(4) If class of land is changed under sub-section (2) of this section, the Collector shall order the record of rights (Khatauni) and the map to be corrected accordingly.

Explanation:—The expression 'public purpose', in sub-section (2) of this section means, mutatis mutandis, the public purpose as defined in clause (za) of section 3 of Right of Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act no. 30 of 2013). ]

Section 77, Uttar Pradesh Revenue Code-2006 (Act 8 of 2012).