24. Possession and accrual of compensation for trees, etc. -

(1) The Settlement Officer, Consolidation, shall fix the date to be notified in the unit, from which the 79[final 21 Consolidation Scheme] shall come into force. On and after the said date a tenure-holder shall be entitled to enter into possession of the plots allotted to him.

(2) On and from the date of obtaining possession every tenure-holder getting trees, wells and other improvements existing on the plots allotted to him in pursuance of the enforcement of the 80 [final Consolidation Scheme]shall be liable for the payment of and pay to the former tenure-holder thereof, compensation for the trees, wells and other improvements, allotted to him, to be determined in the manner hereinbefore provided].

25. [Deleted by U.P.(Amendment) Act No. 38 of 1958).]

26. [Deleted by U.P.(Amendment) Act No. 38 of 1958).]

26-A. [Deleted by U.P.(Amendment) Act No. 38 of 1958).]

[27. New Revenue Records. -

[(1) As soon as may be, after the final Consolidation Scheme has come into force, the District Deputy Director of Consolidation shall cause to be prepared for each village, a new map, field-book and record of rights in respect of the consolidation area, on the basis of the entries in the map, as corrected under Section 7, the Khasra chakbandi, the annual register prepared under Section 10 and the allotment orders as finally made and issued in accordance with the provisions of this Act. The provisions of the Uttar Pradesh Land Revenue Act, 1901(U.P. Act No.3 of 1901), shall subject to such modifications and alterations as may be prescribed, be followed in the preparation of the said map and records].

[(2) All entries in the records of rights prepared in accordance with the provisions of sub-section (1) shall be presumed to be true until the contrary is proved.

(3) After the issue of notification under Section 52, the Collector shall, instead of the map, field-book and record of rights previously maintained by him, maintain the map, field-book and record of rights prepared in accordance with the provisions of sub section (1) [and the provisions of the U.P. Land Revenue Act, 1901(U.P. Act No. 3 of 1901), relating to the maintenance and correction of such map, field-book and record of rights shall mutatis mutandis apply].

84[28. Delivery of Possession. -

(1) The Assistant Consolidation Officer, on the application of the tenure-holder or the Land Management Committee, to whom chak or lands have been allotted under the final Consolidation Scheme, 85[may, and where any land has been allotted to the State Government shall, without any application of the State Government, within six months of the date on which the said Scheme has come into force, put the tenure-holder or the Land Management Committee or the State Government, as the case may be, in actual physical possession of the allotted chak or lands], and for so doing shall have all the powers, including powers as regards contempt, resistance and the like as are exercisable by a Civil Court in execution of a decree for delivery of possession of immovable property :

Provided that the delivery of possession as aforesaid shall not affect the right of the person from whom possession is transferred to tend and gather the crops standing on such chaks or land or part thereof, on the date of the delivery, unless the Assistant Consolidation Officer decides, for reasons to be recorded, that the possession over the crop also shall be delivered :

Provided further that the person tending and gathering the standing crop, in accordance with the first proviso, shall be liable to pay to the persons who have been allotted the chak, or lands, compensation for the use of the land at such rate and in such manner as may be prescribed.

(2) On the expiry of six months from the date on which a tenure-holder or Land Management Committee 86[or the State Government] became entitled to enter into possession of the chak or lands allotted, whether before or after the coming into force of the Uttar Pradesh Consolidation of Holdings (Amendment) Act, 1962, or on the expiry of six months from the date of the coming into force of that Act, whichever is later, the tenure-holder or the Land Management Committee 87[or the State Government], as the case may be, shall, unless possession has been obtained earlier, be deemed to have entered into actual physical possession of the allotted chak or lands :

Provided that the fact that a tenure-holder or Land Management Committee 88[or the State Government] has thus entered into possession shall not affect the right of the person from whom possession is deemed to have been transferred to tend and gather the crop standing on the chak or lands, or part thereof, on the date of the expiry of the period of six months aforesaid].

[29. Compensation. -

(1) Where possession over standing crops is also delivered under Section 28, the Assistant Consolidation Officer shall determine in the manner prescribed the compensation payable in respect of such crops by the tenure-holder put in possession 90[* * *].

[(1-A) Any person aggrieved by an order under sub-section (1) may, within fifteen days of the date of the order, prefer an appeal before the Consolidation Officer, whose decision thereon shall be final].

(2) [ Deleted by U.P. Act No. 24 of 1956( w.e.f. 3-7-1956)].

(3) [ Deleted by U.P. Act No. 24 of 1956( w.e.f. 3-7-1956].

[29-A. Recovery of compensation. -

(1) Where a tenure-holder from whom compensation is recoverable under this Act, fails to pay the same within the period prescribed therefor, the person entitled to receive it, may in addition to any other mode of recovery open to him, apply to the Collector within such time as may be prescribed to recover the amount due on his behalf as if it were an arrears of land revenue payable to Government.

(2) Where any compensation payable under this Act is not paid whether in whole or in part within three months of the date 93[of obtaining possession under Section 24 or Section 28, as the case may be] interest at the rate of 6 per cent per annum shall be charged on the amount not so paid].

[29-AA. Reduction of Land Revenue on account of contribution of land for public purposes. -

(1) Where, as a result of contribution for public purposes under the 24 provisions of Section 8-A, the area of the original holding of a tenure-holder is reduced, the land revenue payable for the holding shall be reduced by the Assistant Consolidation Officer in the same proportion as the area so contributed bears to the original total area of the holding, and the reduced land revenue shall be shown in the Provisional Consolidation Scheme.

(2) A tenure-holder aggrieved by the reduction made under sub-section (1) may, within fifteen days of the date of publication of the Provisional Consolidation Scheme under Section 20, file an objection before the Assistant Consolidation Officer or the Consolidation Officer, for getting the reduction of the land revenue determined in accordance with the provisions of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950(U.P. Act No. 1 of 1951)].

[29-B. Compensation for land contributed by tenure-holders for public purposes. -

(1)(a) Every tenure-holder, any part of whose holding has been contributed for public purposes under this Act, shall be paid for the land so contributed, compensation equal to -

(i) in the case of land of a 96[bhumidhar with transferable rights], four times; and

(ii) in the case of land of a 97[bhumidhar with non-transferable rights]; two times of the land revenue reduced under Section 29-AA.

(b) In the case of trees, wells and other improvements, falling within the land so contributed, the amount of compensation shall be determined in accordance with the provisions of Section 19.

(2) The compensation payable to a tenure-holder shall, after adjustment of the cost of operations under this Act, if any, be paid to him in cash.

(3) Where any land, in respect of which compensation is paid under sub-section (1) is in the occupation of an asami, there shall be paid to the asami, out of the compensation payable to the 98[bhumidhar with transferable rights or bhumidhar with non-transferable 25 rights], as the case may be, an amount equal to 5 per cent of such compensation in respect of the right, title and interest of the asami therein.

[29-C. Vesting of land contributed for public purposes. -

[(1) The land contributed for public purposes under this Act shall, with effect from the date on which the tenure holders became entitled to enter into possession of the chaks allotted to them under the provisions of this Act as amended from time to time, vest and be always deemed to have vested in the Gram Sabha 101[in an area in which Section 117 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950(U.P.Act No. 1 of 1951) applies and in the State Government in any other area], and shall be utilised for the purpose for which it was earmarked in the final Consolidation Scheme, or in case of failure of that purpose, for each other purposes as may be prescribed].

[(2) The provisions of Section 117 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (U.P. Act No. 1 of 1951) shall mutatis mutandis apply to such land 103[vested in the Gram Sabha] as if the land had vested in the Gram Sabha by virtue of a declaration made by the State Government under sub-section (1) of that section and as if the declaration were made subject to the conditions respecting utilisation specified in sub-section (1) of this section].

(3) [Deleted by Section 3 U.P. Act No. 21 of 1966(w.e.f. 26-8-1966)].

[30. Consequences which shall ensue on exchange of possession. -

With effect from the date on which a tenure-holder enters, or is deemed to have entered into possession of the chak allotted to him, in accordance with the provisions of this Act, the following consequences shall ensue -

(a) the rights, title, interest and liabilities -

(i) of the tenure-holder entering, or deemed to have entered into possession; and

(ii) of the former tenure-holder of the plots comprising the chak, in their respective original holdings shall cease; and

(b) the tenure-holder entering into possession or deemed to have entered into possession, shall have in his chak the same rights title, interests and liabilities as he had in the original holding together with such other benefits of irrigation from a private source, till such source exists, as the former tenure-holder of the plots comprising the chak had in regard to them;

(c) land vested in the Gram Sabha, or any local authority and allotted to the tenure holder shall be deemed to have been resumed by the State Government under the provisions of Section 117 or Section 117-A, as the case may be, of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, and settled with the tenure-holder;

(d) the rights of the public as well as all individuals in or over land included in a chak following a declaration made under the proviso to sub-section (2) of Section 19-A, shall cease and be created in the land specified for the purpose in the final Consolidation Scheme; and

(e) the encumbrances, if any, upon the original holding of the tenure-holder entering, or deemed to have been entered, into possession, whether by way of lease, mortgage or otherwise, shall, in respect of that holding, cease, and be created on the holdings, or on such part thereof, as may be specified in the final Consolidation Scheme].

31. [ Deleted by section 33 of U.P. Amendment Act No. 8 of 1963].

[32. Power to transfer holdings. -

A transfer, whether by exchange or otherwise, of rights, title, interest and liabilities of tenure-holders in their holdings, involved in giving effect to the final Consolidation Scheme affecting them shall, notwithstanding anything contained in the Uttar Pradesh Land Revenue Act, 1901(U.P. Act No. 3 of 1901), and the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950(U.P. Act No. 1 of 1951), be valid, and no tenure-holder or other person shall be entitled to object to or interfere with any such transfer].

[33. Costs. -

[(1) The State Government shall fix the amount of the cost of the operations conducted under the Act and shall recover from the tenure-holders of the unit such part thereof and in such manner as may be prescribed].

[(2) If the State Government so decides, it may order that specified amount be recovered in advance in the manner prescribed, as the first instalment of the cost of 109[the said operation].

(3) Any amount payable as costs under this section shall be recoverable as arrears of land revenue].

34. [Deleted by U.P. Act No. 8 of 1963].

35. [Deleted by U.P. Act No. 8 of 1963]

36. [Deleted by U.P. Act No. 38 of 1958].

36-A. [Deleted by U.P. Act No. 38 of 1958].