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.66 of 1991-92, Gram Sabha Vs. Raja Ram. Tehsildar Firozabad decided the matter against the petitioner on 29.01.1993 through Anenxure-II to the writ petition. The allegation against the petitioner was that he had encroached upon an area of 864 square feet (about 96 square yard) of Gaon Sabha land by constructing pacca house comprised in Gaon Sabha Plot No.109.
Petitioner contended that land in dispute had been allotted to him in the year 1982. However, Tehsildar found that no valid allotment had been proved. Property in dispute was entered as manure pits in the revenue records. Against the said order passed by the Tehsildar, petitioner filed revision in the form of Case No.2 of 1993-94, which was dismissed on 20.01.1994 by Additional Collector (Administration), Firozabad, hence this writ petition. The contention of petitioner was that the S.D.O. by his order had changed the nature of the land. This argument was noticed by the revisional court but it was held that even if such an order was passed by the S.D.O. it was without jurisdiction. Both the courts below did not specifically disbelieve the version of the petitioner that he had made constructions in the year 1982. No date or time of unauthorised occupation was determined by the courts below. 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.
Accordingly, writ petition is disposed of. Impugned orders are set aside on the condition that petitioner deposits Rs.10,000/- within three months before the Collector, Firozabad 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.
In this writ petition, no stay order was granted, hence the chances are that the construction of the petitioner must have been demolished and he must have been dispossessed by now. In case, petitioner has been dispossessed, then there is no question of settlement of land and the above direction of settlement of land on payment of Rs.10,000/- shall be deemed and treated to be non-est. However if by any chance petitioner is still in possession, then the land in dispute must be settled with him on the payment above amount. Order Date :- 25.1.2010 NLY