SOGRA BEGUM Vs. STATE OF U P

JUDGEMENT

(1.) ARUN Tandon, J. Heard Sri I. H. Khan on behalf of the petitioner and learned Standing Counsel on behalf of the respondents.

(2.) ASSISTANT Engineer, Public Works Department, Ghaziabad moved an application dated 27th March, 1980 in the Court of Registrar, Ghaziabad, who is the Prescribed Authority under the provisions of U. P. Urban Premises (Eviction of Unauthorised Occupants) Act, 1972 (hereinafter Act No. 22 of 1972) against the petitioner with the allegations that the petitioner has encroached upon 10 squire yards at 22 Kilometers on National Highway and as such is an unauthorized occupant of the same and appropriate order for his eviction may be passed and further a sum of Rs. 400 was prayed for as damages. The said application was registered as Misc. Application No. 8112 of 1982.

(3.) ON behalf of the petitioner it has been fairly conceded that only one ground was pressed in the appeal before the learned District Judge namely whether Rule 7 of the U. P. Road Side Control Act, 1945 applicable to the facts of the case, which was relevant for the purposes of determining as to whether petitioner was in unauthorized possession of the land of the Public Works Department or not. The said contention raised on behalf of the petitioner has been negatived by the learned District Judge after recording a specific finding that the provisions; of Rule 7 of the U. P. Road Side Control Act were applicable and further the appellant has encroached upon an area by 15 x 6 feet of the road i. e. the land of the Public Works Department. The learned District Judge also recorded a finding that the damages awarded are not excessive.