Court emphasizes effective enforcement of boundary orders to uphold legislative intent and resolve disputes swiftly
The Allahabad High Court has issued a significant ruling mandating strict enforcement of demarcation orders under Section 24 of the Uttar Pradesh Revenue Code, 2006. The court's judgment addresses a series of writ petitions highlighting systemic inaction by revenue authorities in executing final demarcation orders, thereby rendering the statutory mechanism ineffective.
The judgment, delivered by Justice Dr. Yogendra Kumar Srivastava, underscores the critical role of Sub-Divisional Officers (SDOs) in resolving boundary disputes through summary inquiries and emphasizes their duty to enforce orders with due diligence. The court observed that failure to execute these orders not only frustrates the legislative intent but also prolongs boundary disputes, causing undue hardship to rightful landholders.
The court outlined comprehensive guidelines to ensure effective execution of demarcation and possession restoration orders. These include mandatory pre-adjudication checks to ensure applications conform to statutory requirements, swift execution of demarcation with police assistance if necessary, and post-execution compliance reporting with geo-tagged photographs. The court also stressed the need for expeditious disposal of appeals and warned that persistent non-compliance by revenue authorities could result in departmental action.
Justice Srivastava highlighted the need for revenue authorities to balance individual rights with public interest, maintaining land records' sanctity and stability of possession. The court directed the Secretary of the Department of Revenue, Uttar Pradesh, to circulate these guidelines statewide and ensure compliance.
The judgment is seen as a pivotal step towards ensuring that boundary disputes in Uttar Pradesh are resolved efficiently, thereby reducing litigation and fostering public order and governance.
Bottom Line:
Uttar Pradesh Revenue Code, 2006 - Section 24 - Effective implementation of demarcation orders is essential to avoid rendering the statutory mechanism otiose.
Statutory provision(s): Uttar Pradesh Revenue Code, 2006 - Section 24, Uttar Pradesh Revenue Code Rules, 2016 - Rule 22
Meena Devi v. State of Uttar Pradesh, (Allahabad) : Law Finder Doc Id # 2840021
