NISAR AHMAD Vs. COLLECTOR AND ORS.

JUDGEMENT

(1.) HEARD learned Counsel for the Petitioner and learned standing counsel for the Respondents.

(2.) THIS writ petition is directed against orders passed under Section 122 B of U.P.Z.A.L.R. Act against the Petitioner. The first order was passed on 30.03.1996 by Tehsildar Fatehpur in case No. 48 of 1995. The land in dispute is situate in Mauza Lalula Pargana Mustar Tehsil and District Fatehpur and is abadi land (as mentioned in the report of Lekhpal dated 01.08.1995 Annexure VI to the writ petition). The allegation against the Petitioner was that he had encroached upon an area of 450 sq. feet (50 sq. yard) of gaon sabha plot No. 845. The Tehsildar directed eviction and also imposed damages of Rs. 50,000/ -. The damages on the fact of it are extremely exorbitant and without any basis. Against this order Petitioner filed revision. The revision was registered as case No. 53 of 1996 and was dismissed by Collector Fatehpur on 14.11.1996 hence this writ petition.

(3.) I have held in Bhudaee v. 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.