U.P. Zamindari Abolition and Land Reforms Act, 1950 — Section 123 — Regularisation of occupation by members of SC/ST — Deeming fiction — Effect on private title. (Paras 2, 4.4–4.6, 8–10) The dispute concerned Plot No. 2362, Shamli, Muzaffarnagar. The appellants purchased the land in 1984 and obtained a declaration under Section 143 converting its use from agricultural to abadi. The private respondents, members of Scheduled Caste/Scheduled Tribe community, were in occupation since 1976–1977 and had constructed houses prior to 30.06.1985. The Sub-Divisional Officer, acting under Section 123, directed recording of the occupants’ names. The High Court upheld the order, holding that Section 123(2) creates a statutory deeming fiction whereby land is deemed settled with eligible house-owners in possession as on 30.06.1985. Consent or lack thereof of the tenure-holder is immaterial. The Supreme Court affirmed that the purchase by the appellants was subject to the statutory rights available to occupants under Section 123. Ratio Decidendi: Where eligible persons belonging to SC/ST categories had constructed houses on land prior to 30.06.1985, Section 123 creates a statutory deeming settlement in their favour, and subsequent purchasers cannot defeat such statutory regularisation.

advocatemmmohan

U.P. Zamindari Abolition and Land Reforms Act, 1950 — Section 123 — Regularisation of occupation by members of SC/ST — Deeming fiction — Effect on private title. (Paras 2, 4.4–4.6, 8–10)

The dispute concerned Plot No. 2362, Shamli, Muzaffarnagar. The appellants purchased the land in 1984 and obtained a declaration under Section 143 converting its use from agricultural to abadi. The private respondents, members of Scheduled Caste/Scheduled Tribe community, were in occupation since 1976–1977 and had constructed houses prior to 30.06.1985.

The Sub-Divisional Officer, acting under Section 123, directed recording of the occupants’ names. The High Court upheld the order, holding that Section 123(2) creates a statutory deeming fiction whereby land is deemed settled with eligible house-owners in possession as on 30.06.1985. Consent or lack thereof of the tenure-holder is immaterial.

The Supreme Court affirmed that the purchase by the appellants was subject to the statutory rights available to occupants under Section 123.

Ratio Decidendi: Where eligible persons belonging to SC/ST categories had constructed houses on land prior to 30.06.1985, Section 123 creates a statutory deeming settlement in their favour, and subsequent purchasers cannot defeat such statutory regularisation.

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Section 143, U.P. Z.A. & L.R. Act — Conversion to non-agricultural use — Scope and limitation. (Paras 3, 4.3, 8–9)

The appellants relied on Section 143 declaration (conversion of land use) to contend that proceedings under Section 123 were inapplicable.

The Court noted that a declaration under Section 143 excludes application of Chapter VIII but does not oust Chapter VII containing Section 123. Further, the private respondents were not parties to Section 143 proceedings and were not bound thereby.

Ratio Decidendi: A declaration under Section 143 does not bar operation of Section 123, nor does it extinguish statutory regularisation rights of eligible occupants.

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Nature of Possession — Consent immaterial — Legislative intent. (Paras 4.4–4.5)

The appellants admitted in pleadings that respondents were in possession and had constructed houses since 1976–1977.

The Court held that the legislative object of Section 123 is socio-economic protection. The deeming fiction operates irrespective of whether possession was permissive, forceful, or unauthorised.

Ratio Decidendi: For purposes of Section 123, the character of initial possession (authorised or unauthorised) is irrelevant once statutory conditions are satisfied before the cut-off date.

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Jurisdiction of Civil Court — Effect of statutory regularisation — Pending suits. (Paras 4.6, 8–9)

The High Court, exercising jurisdiction under Article 227, quashed pending civil suits seeking eviction after holding that statutory settlement had already taken effect.

The Supreme Court declined interference, observing that the purchase was subject to statutory remedy available to occupants and that the appellants’ claim could not override statutory fiction.

Ratio Decidendi: Once statutory settlement under Section 123 operates, continuation of civil suits for eviction against statutorily recognised occupants is untenable.

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Disposition

Civil Appeal dismissed. High Court judgment affirmed.

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Special Leave Petition (C) Nos. 3822–3823 of 2023

Tagged with the Civil Appeal. In view of dismissal of the Civil Appeal and affirmation of statutory regularisation under Section 123, no ground for interference under Article 136 of the Constitution was made out.

SLPs dismissed.