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Ram Chran v. A.C. - WRIT - C No. 4775 of 1983  RD-AH 4075 (9 March 2007)
Civil Misc. Writ Petition No.4775 of 1983
1. Ram Charan
2. Santosh Kumar
3. Raghubir Singh
1. Additional Collector(Prashashan), Firozabad, Agra
2. Gaon Sabha, Imilia Pachokhara, Aitmadpur District Agra
This writ petition arises out of proceedings under Section 122-B of U.P.Z.A.&L.R. Act initiated against the petitioners in the form of case no. 36 of 1981-82 on the file of Tehsildar/Assistant Collector Ist Class, Aetmadpur District Agra. The allegation against the petitioners was that they had encroached upon 5 biswa 12 biswansi land of gaon sabha comprised in plot no.835, 836 and 837 entered in the revenue record as mela land [plot no.835 (0-1-0), plot no.836 (0-1-12), plot no. 837 (0-3-0)]. Further allegation was that petitioners had constructed a wall over the encroached land. Petitioners claimed that land in dispute had been allotted to them on 23.9.1970. Tehsildar accepted the said version and dropped the proceedings by order dated 30.8.1982. Against the said order revision was filed before Additional Collector (Administration), Firozabad District Agra which was numbered as revision no.22 of 1982-83. The revision was allowed by the Additional Collector on 19.3.1983 (alongwith four other similar revisions).
Aditional Collector held that allotment was not fully proved. He also held that in the revenue records names of petitioners were not entered. However, Additional Collector did not record any finding regarding length of possession, he only said that in the name of possession petitioners had only constructed a wall. Tehsildar had held that possession was continuing since 1970. As the said finding was not reversed hence that Will have to be taken as correct. Learned counsel for the petitioner has further argued that even in the adjoining land no mela is being held and actually mela is being held in other land.
I have held in several cases including Bhudaee vs. Collector, Fatehpur 2005 (98) R.D. 741 that if on a small portion of gaon sabha land someone is in possession since long and has made some construction then instead of eviction award of reasonable damages equivalent to market value of the land at the time of start of occupation is more appropriate relief provided that the land is not reserved for some important public purpose. I have also held if the possession is since early eighties or before then appropriate measure of damages is Rs.100/- per sq. yard as at that time it was approximate market value of abadi land in the villages in Uttar Pradesh.
In Agra District 1 Biswa is equal to 137.8 Sq. yards. 5 Biswa 12 Biswansi is therefore equal to 771.7 sq. yard. Accordingly the aforesaid area shall stand settled with petitioners on payment of Rs.77,170/-. The aforesaid amount shall be deposited within four months before the Deputy Collector concerned for being kept in consolidated Gaon Fund constituted under Section 125-A of U.P.Z.A.&L.R. Act. If the aforesaid amount is deposited within the aforesaid period then the aforesaid land shall stand settled with petitioners. If the aforesaid amount is not deposited then the writ petition shall be treated to have been dismissed and impugned order by the Additional Collector shall be given effect to.
Accordingly writ petition is disposed of.
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