PATI RAM Vs. TAHSILDAR JALALABAD

JUDGEMENT

(1.) THE present writ petition has been filed under Article 226 of the Constitution of India challenging the order of the Tahsildar Jalalabad dated 26-12-90 and order passed in revision dated 7th February 1992 by the Additional Collector, Shahjahanpur in a proceeding under Sec. 122-B of U. P. Z A and L R. Act (hereinafter referred to as the Act),

(2.) A notice in form 49-Ka was issued to the petitioner in pursuance of the proceeding under Sec. 122-B of the Act in which it was stated that the petitioners illegally occupied plot nos. 249/0.118, 250/00.44 situated in Village Rustampur Chak, P.O Jaladabad, Distr. Shahjahanpur. The petitioners filed their objection and they pleaded that they ate in possession of the disputed plot for last 10 years and as such they are entitled to get benefit of the provision of Section 122-B (4-F) of the Act It was alleged by the petitioners that they are landless agricultural labourers and have less than 12 Bighas of land and they are in occupation of the land since the year 1985 and they are entitled to the benefit of the said provision The Tehsildar. the respondent no. 1 did not accept the contention of the petitioner and recorded a finding that they were not in possession of the land since before the year 1985. as such they are not entitled to the benefit of Sec. 122-B (4-F) of the Act. Their possession was unauthorised for last one year. The respondent no. I directed for ejectment of the petitioners and further imposed damages of Rs. 4:5,000/- against them. The petitioners being aggrieved by the said order filed a revision before the Additional Collector, Shahjahanpur The revision was dismissed by the Additional Collector, Shahjahanpur by order dated 7th February, 1992.

(3.) THE above noted provisions clearly indicates that the Asstt. Collector can only direct for payment of Compensation. In case the property of the Gaon Sabha has been damaged or mis-appropriated the compensation will be to the extent of the value of such properly. In case there is a wrongful occupation compensation will be awarded to the extent of Joss suffered by the Gaon Sabha on account of such wrongful occupation THE word 'compensation' according to Oxford Dictionary signifies that which is given in recompense, an equivalent rendered ; damages, on the other hand, constitute the sum of money claimed or adjudged to be paid in compensation for loss or injury sustained, the value estimated In money of something lost or withheld. THE court in Mohammad Mozaharal Abad v. Moahmed Azimaddin Bhuniy1923 Cal. 507, while considering the word compensation has observed :