Court No. - 59
Case :- WRIT - C No. - 5657 of 2019 Petitioner :- Veer Pal Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Manish Kumar Pandey,Manoj Kumar Mishra Counsel for Respondent :- C.S.C.,Mahesh Narain Singh
Hon'ble Surya Prakash Kesarwani,J.
1- Heard Sri Durga Charan Yadav holding brief of Sri Manish Kumar Pandey, learned counsel for the petitioner and the learned standing counsel for the State-respondents.
2- By the impugned order dated 31.12.2012 in Case No.22 (Gram Sabha v. Veer Pal), under Section 122-B of U.P.Z.A. & L.R. Act, relating to Village Rampur Wangar, Pargana Dankaur, Tehsil and district Gautambudh Nagar, the petitioner has been evicted from an area of 45 Sq. Metre of Khasra Plot No.481-M and a recovery of Rs.90,000/- has been ordered against him by the Assistant Collector, Tehsil Sadar, district Gautam Budh Nagar.
3- Against the said order, the petitioner preferred a revision under Section 67(5) of the U.P. Revenue Code,2006, before the Additional District Magistrate (Judicial), Meerut Region, district Gautam Budh Nagar, which has been dismissed by the impugned order dated 19.11.2018.
4- From perusal of both the impugned orders it is clear that while passing it neither the Assistant Collector/Tehsildar, Sadar, Gautambudh Nagar nor the A.D.M.(Judicial) have recorded any finding with regard to the period of wrongful occupation, damages and misappropriation and for value of the disputed property. The said authorities have also not complied with the provisions of sub rule (4) (b) of Rule 67 of U.P. Revenue Code, which provides that in case of an unauthoised occupation of any land, the amount of damages shall be the amount equal to the five percent of the market value of the land calculated at the circle rate fixed by the Collector for each year of unauthorised occupation.
5- By the impugned order, the Assistant Collector has directed for payment of Rs.90,000/- but no basis of determination of this amount has been given in terms of Rule 67(4) of the Rules.
6- Under the circumstances, the impugned orders to the extent it relates to the imposition of damages, cannot be sustained and is hereby quashed. The matter is remitted back to the respondent no.3 to pass an order afresh, in accordance with law, expeditiously, preferably within three months from the date of presentation of a certified copy of this order, after affording reasonable opportunity of hearing to all the parties concerned.
7- The writ petition is allowed to the extent indicated above.
Order Date :- 22.2.2019 Ak/