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RAM GOPAL versus ADDL. COLLECTOR, AGRA

High Court of Judicature at Allahabad

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Ram Gopal v. Addl. Collector, Agra - WRIT - C No. 12001 of 1987 [2006] RD-AH 20494 (4 December 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

(Court No. 28)

Writ Petition No. 12001 of 1987

Ram Gopal Vs. Additional Collector and others.

And

Writ Petition No. 12002 of 1987

Raj Pati Vs. Additional Collector and others.

And

Writ Petition No. 12003 of 1987

Ekram Vs. Additional Collector and others.

And

Writ Petition No. 12005  of 1987

Ram Babu Vs. Additional Collector and others.

Hon'ble S.U.Khan J

Heard learned counsel for the petitioners in all the writ petitions.

All these writ petitions arise out of proceedings under section 122-B of U.P.Z.A.L.R Act initiated against the petitioners.

In the first writ petition, first order was passed on 28.10.1986 by Tehsildar / Assistant Collector Fetehabad district Agra in case No. 155 of 1985-86 Gaon Sabha Vs. Ram Gopal. Through the said order, it was found that petitioner was in possession of an area of 225 square yard (15 yard X 15 yard) comprised in Gaon Sabha plot No. 607. It was found that petitioner had constructed katchi wall and had placed khuta and nand etc upon the said land. Even though possession was found to be quite old however Tehsildar held that petitioner had no title upon the land. Accordingly order of eviction was passed and damages of Rs.2250/- at the rate of Rs.10/- per square yard were also awarded. Against the said order revision No. 182 of 1986-87 was filed. Additional Collector Agra dismissed the revision in respect of eviction. However, damages were reduced. The said order has also been challenged through the writ petition.

In the second writ petition, first order was passed on 12.11.1986 by Tehsildar / Assistant Collector I Class Fatehabad district Agra in case No. 166 of 1985-86. In the said case the allegation was that the petitioner had encroached upon an area of 5 Biswa and 12 Biswancies of land (about 747 Sq. Yard)belonging to Gaon Sabha comprised in Plot No. 189 and had constructed pucca wall and placed a hut. Petitioner pleaded that the land have been allotted to him however allotment was not found to be valid. It was found that petitioner was in possession for about 20 years. Accordingly eviction order was passed and damges of Rs. 4000/- were also imposed. Against the said order petitioner filed revision No. 183 of 1986-87. Revision was dismissed against eviction order through order dated 11.3.1987, however damages were reduced to Rs.140/-. The said order has also been challenged through this writ petition.

In the third writ petition, first order was passed on 10.8.1985 by Tehsildar / I Class Fatehabad district Agra in case No. 4 of 1984-85. In the said case allegation against the petitioner was that he had encroached upon an area of 63 square yard (9yard X 7 yard) of Gaon Sabha land comprised in plot No. 159 and had constructed his house thereupon. Petitioner's case was that his father had purchased the said land from one Ibrahim and house was standing thereupon for 30 years. The said version was not found to be correct hence order of eviction was passed and damages of Rs.1260 were also imposed. Against the said order revision No. 340 of 1985-86 was filed which was dismissed in default on 29.9.1986 by Additional Collector, Agra. Against the order of revisional court restoration application was filed which was also dismissed on 7.3.1987 by Additional Collector. Said orders of Additional Collector have also been challenged.

In the fourth writ petition first order was passed on 28.10.1985 by Tehsildar/ Assitant Collector I Class in case No. 154 of 1985-86. The allegation in the said case against the petitioner was that he had encroached upon an area of 200 square yard upon plot N0. 607 of Gaon Sabha. It was further alleged that petitioner had encircled the said area with kucha walls and had placed Khuta and nand etc. Tehsildar passed the order of eviction and imposed the damages of Rs.2000/-. Against the said order revision No. 181 of 1986-87 was filed. Additional Collector Agra through order dated 27.3.1987 dismissed the revision in respect of eviction however damages were reduced. The said order has also been challenged through this writ petition.

In all the cases allegation was that petitioners had encroached upon Gaon Sabha land and had constructed the house. The lands in question was not reserved for some important public purpose like pond and rasta etc.

I have held in several authorities including Bhudaee Versus Collector Fatehpur 2005 (98) RD 741 that it is not necessary to direct demolition and eviction from Gaon Sabha land in every case even if possession of the occupant is unauthorized. In case occupant has constructed his house thereupon and residing therein since long then instead of eviction, award of reasonable damages (equivalent to market value of the land at the time of encroachment) is the proper relief to Gaon Sabha provided that the land is not reserved for some important public purpose. The reasonable measure of damages may be Rs.100/- per square yard if the possession is continuing since early eighties or before as at that time approximate market value of abadi land in villages of U.P was about Rs.100/- per square yard.

Accordingly, writ petition is disposed of with the following directions to the petitioners to deposit the following amount within nine months:

Name of Petitioner Area encroached Amount of damages to be deposited

Ram Gopal 225 Rs.22500/-

Raj Pati 5 Biswa 12Biswancies  (747 Sq.yard) Rs. 37000/-

Ekram 63 Rs.6300/-

Ram Babu 200 Rs.20000/-

In the case of Rajpati damages of Rs.50/- per square yard have been awarded for the reason that courts below found him to be in possession since sixties.

These damages must be deposited within nine months before S.D.O concerned for being kept in district Gaon fund constituted under section 125-A of U.P.Z.A.L.R Act. On such deposit being made, land in dispute shall stand settled with the petitioners otherwise petitioners shall be evicted immediately after nine months and damages as awarded must also be recovered from them.

All the writ petitions are accordingly disposed of. Impugned orders are modified accordingly.

Waqar

4.12.2006


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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