The present writ petition has been filed impugning the order dated 27.8.2018 passed by the District Magistrate, Pratapgarh in Revision No.29/12-13, Computerised Revision No.D2013025700112 as well as the orders dated 3.1.2013 and 23.3.2013 passed by the Tehsildar (Judicial), Tehsil Sadar, Pratapgarh in Case No.183 under Section 122-B of the U.P.Z.A.& L.R. Act, whereby the petitioner has been found to have put up unauthorised structure over the land in Gata No.563, area 0.013 hectares, which is recorded as pond land.
The petitioner has been ordered to be evicted with damages of Rs.1 lakh. Aggrieved by the aforesaid order passed by the Tehsildar, the petitioner preferred revision petition in which the impugned order dated 27.8.2018 has been passed by the District Magistrate, Pratapgarh upholding the orders dated 3.1.2013 and 20.3.2013 passed by the Tehsildar.
Learned counsel for the petitioner submits that the petitioner was never aware of the fact that the land in question was a pond land. His land is adjacent to the land where he has constructed some structures. He further submits that the act of the petitioner is due to ignorance of the fact that the land is a pond land otherwise there was no occasion for him to put up construction over the pond land. He also submits that the petitioner is ready and willing to remove the construction within a period of seven days from today and damages of Rs.1 lakh may be reduced substantially as the petitioner is a poor farmer and he is not in a position to pay the damages.
On the other hand, Sri G.K. Singh, learned Additional Chief Standing counsel submits that the petitioner deliberately encroached upon the pond land. Two competent authorities have concurrently found that the petitioner had encroached upon the pond land and, therefore, the orders have been passed for removal of the encroachment and damages of Rs.1 lakh have been imposed upon the petitioner.
I have considered the submissions of the parties carefully.
From the facts mentioned herein-above, it is evident that the petitioner has encroached upon the pond land, but the petitioner is ready to rectify the mistake committed by him.
In view thereof, the petitioner is directed to remove the structure/construction put up by him on Gata No.563, area 0.013 hectare within a period of seven days from today. Since the petitioner is a farmer and it is well known fact that condition of the farmers in the country is not good, the damages are reduced to Rs.15,000/-, which shall be deposited within a period of four months. In case of failure either to remove the unauthorised structure within one week from today or to deposit the damages of Rs.15,000/- within four months, the impugned orders will get revived and, the petitioner would be liable to pay damages of Rs.1 lakh.
With the aforesaid observation and direction, the petition stands disposed of finally.
Order Date :- 27.8.2019 Rao/-