HAR PRASAD Vs. PRESCRIBED AUTHORITY,ALIGARH & ORS.

JUDGEMENT

(1.) BY means of this petition under Article 226 of the Constitu­tion of India, petitioner has sought quash­ing of an order dated 7.5.1977 of the Prescribed Authority under U.P. Public Premises (Eviction of Unauthorised Oc­cupants) Act, 1972 (hereinafter referred to as the Act), directing eviction of the petitioner from a piece of land, measuring 794 sq ft., claimed by the respondent No. 3 Nagar Palika, Aligarh to be public premises, and appellate order dated 18.11.1978 of the Additional District Judge, Aligarh confirm­ing tie same in appeal.

(2.) THE proceedings before the Prescribed Authority were initiated on an application moved by the Nagar Palika, Apgarh with the allegation that the State Government is the owner of the public land described as plot No. 98 in the survey sheet in Mohalla Katra Shahid.Khan, Aligarh, which is under the management of the respondent Nagar Palika. The petitioner (opposite party before the Prescribed Authority), it was alleged, has in December, 1955 entered into unauthorised occupation of 794 sq. ft. area in the said plot measuring 31' 9' x 24' plus 26'/2 as shown in the survey map attached to the application. The, petitioner, it was alleged, has without the permission or sanction of the Nagar Palika constructed his house over the land in ques­tion. A notice dt. 24.6.1969 u/S. 186 of the U.P. Municipalities Act, 1916 was served on the petitioner on 26.6.1969 but the same was not complied. Besides eviction damages @ Rs. 90/- per annum was also sought.

(3.) THE Prescribed Authority before whom the parties entered into evidence, came to the conclusion that in 1948 a prosecution had been launched against the brother of the petitioner for constructing without getting plan sanctioned, but the same failed for lack of evidence and defec­tive notice. Thereafter the petitioner sub­mitted a plan for construction on 16.9.1955 and got it sanctioned on 16.3.1996. The con­struction had been completed in December, 1955 and seeking sanction was an attempt to get the construction activity started in 1948 regularised. The Prescribed Authority fur­ther held that sanction of plan did not change the nature of the land which was 'nazul' land, and thus public premises. The petitioner was liable to be evicted. He ac­cordingly directed the petitioner to remove his possession over the disputed land within 60 days, failing which the same was to be done by execution of the order.