Heard learned counsel for the petitioner, learned standing counsel for respondent no.1 who has also argued the case of Gaon Sabha, respondent no.2. No one appears for respondent nos. 3 and 4.
Proceedings for eviction and imposition of damages were initiated against the petitioner under Section 122-B of U.P.Z.A.L.R. Act. The case was registered as case no.295 Gaon Sabha vs. Satya Deo. Tehsildar Puhlpur District Allahabad dismissed the case through order dated 09.12.1991, copy of which is Annexure 2 to the writ petition.
Matter related to Gaon Sabha plot no.182 area 0.117 hectare (1170 sq. meter) which was entered in the revenue record as Navin Parti. The allegation was that petitioner had encroached upon the land in dispute by planting trees. Petitioner asserted that he, and before him, his ancestors were in possession since before Zamindari abolition. Lekhpal was examined on behalf of the Gaon Sabha. He admitted that there were several fruit trees planted by the petitioner or his ancestors over the land in dispute and some were 25 years old and some 15 years old and the land was being used by the petitioner who was having his house adjacent to the same as sahan of his house and his possession was quite old. Some other witnesses were also examined who stated that the trees were 15,35, or even 40 years old. Ultimately, the notice in proforma 49-Ka was withdrawn. Against order dated 09.12.1991 gaon sabha did not file any revision. However respondent nos. 3 and 4 Onkar Nath Mishra and Purshottam Mishra filed revision in the form of case no.43 of 1992. It appears that in the revision at some stage some compromise in between the parties was filed. The revisional court/Additional Collectorate (Finance and Revenue) Allahabad concluded that filing of the compromise proved that different parties were trying to usurp gaon sabha land. Revision was allowed on 24.2.1994 and order of eviction was passed on the ground that howsoever old the possession might be, petitioner was liable to eviction. It is correct that in respect of gaon sabha land, right cannot be acquired through long adverse possession. However, if possession is quite old and the land is not reserved for some important public purpose then in suitable cases instead of eviction, damages may be imposed.
Accordingly, impugned order passed by the revisonal court is set aside and order passed by the trial court is modified. It is directed that instead of eviction petitioner should pay damages/compensation of Rs. 1,25,000/-. This amount shall be deposited before the Collectorate Allahabad for being kept in consolidated Gaon fund constituted under Section 125 A of U.P.Z.A.L.R. Act. Half of the amount shall be deposited within six months from today and rest half within next six months. In case the aforesaid amount is deposited in the aforesaid period then the land in dispute shall stand settled with the petitioner otherwise he should be evicted after six months or after one year as the case may be.
Writ petition is accordingly allowed as above.
Order Date :- 4.01.2010 vkg