GIRBER Vs. COLLECTOR

JUDGEMENT

(1.) PRESENT petition is preferred under Article 227 of the Constitution of India, assailing the judgment and order dated 29.07.2004, passed by the learned Collector, Haridwar whereby revision filed by the Gram Sabha was allowed and judgment and order dated 15.03.2004 passed by the Assistant Collector/ Tehsildar, Roorkee was set aside and petitioner was directed to be evicted/dispossessed from the land of Khasra No. 170 -M, measuring 0.037 Hectare, Village Harchandpur, Pargana Manglaur, District Haridwar and present petitioner was further directed to pay Rs. 360/ - as compensation and Rs. 37/ - as litigation and execution expenses.

(2.) BRIEF facts of the present case, inter alia, are that Lekhpal has furnished his report dated 01.08.2003, before the Tehsildar, Roorkee reporting that Girber, son of Kanttu, resident of village Harchandpur, i.e. petitioner herein has encroached upon the Gram Sabha land, measuring 0.037 Hectare belonging to Khasra No. 170 -M and is using the same by raising residential house thereon. Notice on Form 49 -Ka was issued to the petitioner. Having received notice on Form 49 -Ka, petitioner has preferred his objection before the Trial Court saying that he has been in possession of the property in question for last more than 35 years, and the land belongs to Class 6 and it was allotted to the petitioner as well as his father by the Land Management Committee vide resolution dated 02.10.1975 and petitioner as well as his father had deposited Rs. 700/ - each towards the cost of allotment as demanded by the Land Management Committee and, thereafter, both of them were put in possession as allottee and have raised residential house thereon.

(3.) HAVING considered the entire material on record, learned Tehsildar, Roorkee, vide judgment and order dated 15.03.2004, was pleased to withdraw notice 49 -Ka. Learned Tehsildar was further pleased to hold that land in question was allotted to the petitioner as well as his father by the Land Management Committee on 02.10.1975, therefore, petitioner cannot be said to be in unauthorized occupation thereof. Feeling aggrieved, Gram Sabha has preferred statutory revision under sub -section (4 -A) of Section 122 -B of U.P.Z.A. and L.R. Act. Revision, so filed, by the Gram Sabha was allowed by the learned Collector vide impugned judgment dated 29.07.2004 and it was held by the learned Collector that the petitioner could not prove that land in question was allotted to him and his father by the resolution of the Land Management Committee in the year 1975. Feeling aggrieved, petitioner filed the present petition.