MANNOO PRASAD Vs. UPPER COLLECTOR PRASHASAN KANPUR DEHAT

JUDGEMENT

(1.) -Heard learned counsel for the parties.

(2.) A notice was issued by the Gaon Sabha to the petitioner alleging that the petitioner had made constructions on 15 biswansi of plot No. 638 (approximately 95 square yards) which belonged to the Gaon Sabha and therefore, directed the petitioner to remove the construction, failing which proceedings under Section 122B of the U.P.Z.A. and L.R. Act would be initiated and damages amounting to Rs. 4,700 would be imposed. The petitioner filed his objections stating therein that the petitioner had purchased a portion of land from plot No. 638, from Sachidanand, and had constructed a house prior to the consolidation operations and therefore, the said construction was not a new one and that the construction was existing for quite sometime.

(3.) THE Gaon Sabha holds the land for the benefit of the residents of the villagers and, from time to time, the Gaon Sabha allots the land for abadi purposes and the allottees are permitted to raise houses for residential purposes. THE U.P.Z.A. and L.R. Act also provides regularisation of unauthorised occupants belonging to Scheduled Caste and Other Backward Classes and also to those persons belonging to the General Category living below the poverty line under Section 123 of the Act.