Effect of allotment of more than three chaks during consolidation

Effect of allotment of more than three chaks during consolidation

There is two proviso in section 19 (e) of  U.P. consolidation Act.
1.That, more than three chaks may not be allotted to any tenure holder without permission in writing of  Deputy Director of consolidation.
2. That, no any allotment shall be invalid merely on the ground that more than three chaks have been allotted to any tenure holder.
      From bare perusal of these proviso it appears that both are contradictory of each.
      In my opinion generally more than three chaks should not be allotted to a tenure holder and if necessary than written permission from Deputy Director Should be obtained but if more than three chaks have been allotted to the any tenure holder and otherwise allotment is justified except permission of Deputy Director of consolidation then allotment may not be cancelled on sole ground non permission of Deputy Director of Consolidation.
       Purpose of these proviso is that if several chaks will be allotted then purpose of consolidation will be failed but also injustice should not be done with any tenure holder in the garb of number of chak.
         In my opinion second proviso will be prevail over first proviso but also second proviso should not be used as weapon for justified the every allotment of more than three chaks.

         In my one case Settlement Officer of Consolidation adjusted the land of main road side equally between two brothers but in doing so it become four chaks to each brother and in revision filed by one brother who had entire land of road side, Deputy Director of Consolidation set side the order of S.O.C. and now matter is pending before Hon'ble High Court Allahabad and Hon'ble High Court has stayed the effect and operation of order of D.D.C.