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.174, Gaon Sabha Vs. Brij Mohan. The first order was passed by Assistant Collector/ Tehsildar, Banda on 03.01.1993 contained in Annexure-IV to the writ petition. The allegation against the petitioner was that he had encroached upon an area of 220 square yard of Gaon Sabha Plot No.511. Petitioner filed objection contending that his house was standing over the land in dispute since before Zamindari Abolition (the allegation against him was that he had encroached upon the land by constructing walls). Tehsildar passed the order of eviction and also imposed damages of Rs.1504/-. Against the said order, petitioner filed Revision No.84, which was dismissed by Collector on 04.10.1994, hence this writ petition. The Collector dismissed the revision as being barred by time. Collector has given a very strange reason in his order, which is to the effect that as in the order impugned in the revision, there was prima facie no error, hence delay did not deserve to be condoned.
At the time of condonation of delay, merits of the case are not to be seen. The case of the petitioner was that land in dispute was situate within Abadi. Sri Manmohan Singh, Gram Pradhan also gave his statement, which was to the effect that Plot No.511 was not Gaon Sabha property. Revisional Court stated in its judgment that Plot No.511-M was entered in the revenue records as naween parti, which was reserved for general abadi. 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. As possession of petitioner is of late 1980s, hence damages/ compensation @ Rs.150/- per square yard are being imposed. Accordingly, writ petition is disposed of. Impugned orders are is set aside on the condition that petitioner deposits Rs.33,000/- within six months in two equal installments of three months each before the Collector, Banda 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. Order Date :- 25.1.2010 NLY