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Tunni Singh v. Addl. Collector & Others - WRIT - C No. 19500 of 1986  RD-AH 19861 (22 November 2006)
Civil Misc. Writ Petition No. 19500 of 1986
Tunni Singh Versus Additional Collector and others.
Hon'ble S.U.Khan J
Heard learned counsel for the petitioner.
This writ petition arises out of proceedings under section 122-B of U.P.Z.A.L.R Act registered as Case No. 298 Gram Samaj Vs. Tunni Singh. Tehsildar / Assistant Collector I Class Sambhal District Moradabad passed order on 31.12.1984 holding that petitioner was in unauthorized occupation of an area of 0.05 acres (240 square yards) of Gaon Sabha land comprised in plot No. 192 and he had constructed his house thereupon. Petitioner pleaded that the land in dispute had been allotted to him on payment of Rs.200/- however the said assertion was disbelieved. Accordingly order of eviction was passed and damages of Rs.7000/-were also imposed through the order dated 31.12.1984. Against the said order, revision was filed being case No. 183 of 1985. A.D.M (City), Moradabad dismissed the revision on 16.4.1986. Against the said order review was also filed which was dismissed on 5.9.1986, hence this writ petition.
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.
Learned counsel for the petitioner has agreed that in lieu of regularization of his possession, petitioner is ready to pay reasonable damages, which may be determined by this court.
Accordingly, petitioner is directed to deposit Rs.24000/- as damages within six months from today. These damages must be deposited before S.D.O concerned for being kept in concerned Gaon Sabha fund. On such deposit being made, land in dispute shall stand settled with the petitioner otherwise petitioner shall be evicted immediately after six months and damages as awarded must also be recovered from him.
Writ petition is accordingly disposed of. Impugned orders are modified accordingly.
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