Section 157 - A of the U.P Zamindari And Land Reforms Act-"157-A. Restrictions on transfer of land by members of Scheduled Castes. - (1) Without prejudice to the restrictions contained in sections 153 to 157, no bhumidhar or asami belonging to a Scheduled Caste shall have the right to transfer any land by way of sale, gift, mortgage or lease to a person not belonging to a Scheduled Caste, except with the previous approval of the Collector : Provided that no such approval shall be given by the Collector in case where the land held in Uttar Pradesh by the transfer on the date of application under this section is less than 1.26 hectares or where the area of land so held in Uttar Pradesh by the transferor on the said date is after such transfer, likely to be reduced to less than 1.26 hectares. (2) The Collector shall, on an application made in that behalf in the prescribed manner, make such inquiry as may be prescribed." From a perusal thereof, it would be clear that nowhere does the Section restricts itself to agricultural land. On the contrary, the language used is that no Bhumidhar or Asami belonging to a Scheduled Caste Category shall have the right to transfer any land without the approval of the Collector. In the present case, admittedly, no previous approval for transfer has been granted by the Collector though according to petitioner the lease deed was registered without any objection. In our opinion, once an act has to be done by a specific method, it is not possible to accept the contention of the petitioner that because at the time of executing of the lease deed, the said lease deed was registered and that amounts to a transfer granting approval by the Collector under Section 157-A of the Act. We are therefore, clearly of the opinion that the Collector having not granted approval prior to the execution of the lease deed, the respondents were right in not awarding marks to the petitioner under the head of land and infrastructure. 2015 Allahabad High court[2011] MSKLAWREPORTS

Section 157 - A of the U.P Zamindari And Land Reforms Act-"157-A. Restrictions on transfer of land by members of Scheduled Castes. - (1) Without prejudice to the restrictions contained in sections 153 to 157, no bhumidhar or asami belonging to a Scheduled Caste shall have the right to transfer any land by way of sale, gift, mortgage or lease to a person not belonging to a Scheduled Caste, except with the previous approval of the Collector : 
Provided that no such approval shall be given by the Collector in case where the land held in Uttar Pradesh by the transfer on the date of application under this section is less than 1.26 hectares or where the area of land so held in Uttar Pradesh by the transferor on the said date is after such transfer, likely to be reduced to less than 1.26 hectares. 
(2) The Collector shall, on an application made in that behalf in the prescribed manner, make such inquiry as may be prescribed." 
From a perusal thereof, it would be clear that nowhere does the Section restricts itself to agricultural land. On the contrary, the language used is that no Bhumidhar or Asami belonging to a Scheduled Caste Category shall have the right to transfer any land without the approval of the Collector. 
In the present case, admittedly, no previous approval for transfer has been granted by the Collector though according to petitioner the lease deed was registered without any objection. 
In our opinion, once an act has to be done by a specific method, it is not possible to accept the contention of the petitioner that because at the time of executing of the lease deed, the said lease deed was registered and that amounts to a transfer granting approval by the Collector under Section 157-A of the Act. 
We are therefore, clearly of the opinion that the Collector having not granted approval prior to the execution of the lease deed, the respondents were right in not awarding marks to the petitioner under the head of land and infrastructure. 2015 Allahabad High court[2011] MSKLAWREPORTS

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