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How did Bilaspur Collector jump from Section 82 to 85 of Nazul Act

24hnbc.com
Bilaspur, 29 November 2024.
The Bilaspur Collector gave an order on 28 June 2024 in reference to the much discussed case of Christian Women Board of Mission WMBC Director Raman Jogi, in which he said that the lease of Nazul Khasra Sancharan Seat No. 14 Plot No. 20/1 and 21 Rakhva 382711 sq ft and 405 00 sq ft of the applicant is being cancelled on the ground that he violated the terms of the lease. The collector accepted that this land was given to the applicant Christian Women Board of Mission on 17 September 1964 to run the hospital voluntary. In this order of the collector, more than the provisions of the law, there is discussion about the fact that the Municipal Corporation has demanded this free transfer for the parking arrangement of Bilaspur city. It also said what is the use of this place in the development plan 2031 of Bilaspur. 
The Nazul Act is equally applicable in Madhya Pradesh and present Chhattisgarh. The clause for cancellation of lease comes under section 85 of the Nazul Act. Before this, if the lease holder violates the conditions of the land taken on lease, then under section 82, he should be duly given a notice for lease violation. After that the lessee submits the reply. According to the provisions, a fine is imposed under 83-84. Time is given to pay the fine. If the lessee is dissatisfied, he can submit an appeal. But the point to be noted here is that whatever lease violation activities were conducted under Christian Women Board of Mission Chhattisgarh, such as running Vandana Hospital and running Vallah Canteen, both were licensed by two big personalities of Bilaspur city and sufficient resources have to be presented for the license of both. Before giving Gumasta license, did the Municipal Corporation not know that the applicant will run business on the leased land and for what purpose the lease has been given. The same thing can be said in the context of Vandana Hospital as well. It seems that the officer who ordered the cancellation of lease has played cricket a lot, that is why after Section 82 of Nazul Act, he directly hit a six for eighty-five. The middle process was not followed at all. There is Nazul land in all the big cities of Chhattisgarh including Bilaspur and the lessees openly violate the lease but forget cancelling the leases, even the Nazul officers do not impose fine on the lessee after seeing the violation of lease conditions. Whenever this order of Collector Bilaspur will be heard on the basis of merits in the High Court of Chhattisgarh, there will be an interesting debate on sections 82 to 85 of the Act which will set a precedent in future.