JUDGMENT S.U. Khan, J.
1. This writ petition arises out of proceedings under Section 122-B of U.P.Z.A. & LR. Act. The first order was passed on 28.6.1984 by Tehsildar/Assistant Collector, 1st Class, Tehsil Barah, District Agra in case No. 180 of 1983-84 - Gram Sabha, Nadgava v. Kishor Singh in respect of Gaon Sabha plot No. 547 area 7 biswa 19 biswancies. In the revenue records land in dispute is recorded as navin parti. In the khasara of 1379 fasli (1981-82) it was mentioned that petitioner had sown wheat etc in the said plot. Tehsildar passed the order of eviction and imposed damages of Rs. 406/-. Against the said order revision No. 499/83-84 was filed which was dismissed on 31.8.1985 by Additional Collector (Administration), Agra. The said orders have been challenged through this writ petition.
2. Learned Counsel for the petitioner argued that petitioner was not in possession over the land in dispute. The argument is not at all tenable as in Khasara it was mentioned that he had sown crop in the land in dispute. Moreover, in the stay application filed alongwith this writ petition prayer for staying the operation of the impugned orders was made and accordingly, stay order was passed on 22.3.1988 staying operation of the impugned orders until further order. In case petitioner was not in possession then he should have prayed for stay of recovery of damages only. On the strength of the stay order petitioner must be in possession over the property in dispute.
3. However, the fact is that in the revenue record it was mentioned as navin parti hence not capable of cultivation. Petitioner has made it cultivable and has sown the crops therein. In view of increasing population we cannot afford to have banjar lands not capable of cultivation. To convert banjar land into cultivable land is not only desirable but essential.
4. Accordingly, in my opinion it is not in the interest of justice to evict the petitioner. Instead of eviction petitioner shall pay damages to the gaon sabha equivalent to the market value of the land in dispute at the time when he took possession of the same i.e. 1981-82.
5. Accordingly it is directed that within six months from today petitioner shall deposit R.7,500/- before Sub Divisional Officer concerned for being kept in consolidated gaon fund constituted under Section 125-A of the Act. On such deposit being made land in dispute shall stand settled with the petitioner failing which he shall be evicted immediately after six months.
6. Impugned orders are accordingly modified. It is further directed that in case petitioner does not deposit the aforesaid amount of Rs. 7,500/- within six months then he shall be evicted just after six months and damages at the awarded rate i.e. Rs. 406/- shall be recovered from the petitioner on per year basis i.e. Rs. 406/- per year for the entire period during which this writ petition remained pending i.e. 21 years.
7. Writ petition is accordingly disposed of.