Court No. - 27 Case :- WRIT - C No. - 12709 of 1994 Petitioner :- F.Singh Respondent :- Upper Collector Petitioner Counsel :- S.K.Kulshrestha Respondent Counsel :- S.C.,V.K.Singh Hon'ble Sibghat Ullah Khan,J.
Heard learned counsel for the parties.
This writ petition arises out of proceedings under Section 122-B of U.P.Z.A.
& L.R. Act in the form of Case No.65 of 1991-92, Land Management
Committee Vs. Fauran Singh. Tehsildar Firozabad decided the matter against
the petitioner on 05.02.1993 through Anenxure-III to the writ petition. The
allegation against the petitioner was that he had encroached upon an area of
800 square feet (about 90 square yard) of Gaon Sabha land by constructing
pacca boundary comprised in Gaon Sabha Plot No.109.
Petitioner contended that land in dispute had been allotted to him in the year
1982. However, Tehsildar found that no valid allotment had been proved.
Property in dispute was entered as manure pits in the revenue records. Against
the said order passed by the Tehsildar, petitioner filed revision in the form of
Case No.8 of 1993-94, which was dismissed on 20.01.1994 by Additional
Collector (Administration), Firozabad, hence this writ petition. The contention
of petitioner was that the S.D.O. by his order had changed the nature of the
land. This argument was noticed by the revisional court but it was held that
even if such an order was passed by the S.D.O. it was without jurisdiction.
Both the courts below did not specifically disbelieve the version of the
petitioner that he had made constructions in the year 1982. No specific finding
regarding date or time of construction was recorded by any of the courts
below.
I have held in Bhudaee Vs. Collector, Fatehpur 2005 (98) RD 741 that if
some one is in possession over a small piece of Gaon Sabha land since long
and the land is not reserved for some important public purpose like pond,
rasta etc. and the person in possession has constructed his house, then instead
of demolition and eviction, award of reasonable damages is the proper relief. I
have also held that if the possession is continuing since seventies or early
eighties, measure of reasonable damages shall be Rs.100/- per square yard,
which was approximately the value of abadi land at that time in the villages of
U.P.
Accordingly, writ petition is disposed of. Impugned orders are set aside on the
condition that petitioner deposits Rs.10,000/- within three months before the
Collector, Firozabad which shall be kept in consolidated gaon fund
constituted under Section 125-A of U.P.Z.A.&L.R. Act. On the deposit of the
aforesaid amount in the aforesaid period the land in dispute shall stand
permanently settled with the petitioner. However, in case of default this writ
petition shall be deemed to have been dismissed and impugned orders shall be
executed forthwith.
In this writ petition, no stay order was granted, hence the chances are that the
construction of the petitioner must have been demolished and he must have
been dispossessed by now. In case, petitioner has been dispossessed, then
there is no question of settlement of land and the above direction of settlement
of land on payment of Rs.10,000/- shall be deemed and treated to be non-est.
However if by any chance petitioner is still in possession, then the land in
dispute must be settled with him on the payment above amount.
Order Date :- 25.1.2010
NLY