PREMI Vs. ADDITIONAL COLLECTOR ALIGARH

JUDGEMENT

(1.) THIS writ petition arises out of proceedings under Section 122-B of U.P. Zamandari Abolition and Land Reforms Act initiated against the petitioner for his eviction from Gaon Sabha property. Following orders have been challenged through this writ petition:- 1. Order dated 30.12.1989 passed by Assistant Collector Ist Class Iglas in case no.40 Gaon Sabha Vs. Premi

(2.) ORDER dated 30.04.1991 passed by Additional Collector,(RA) Aligrah, in Revision no.95 of 1990 dismissing the revision which was directed against the first order. The allegation against the petitioner was that he was in unauthorised possession of an area of 3 Biswa (413.5 sq. yd.) which was part of gaon sabha plot no. 3031 and had made constructions (house) thereupon. Alongwith order of eviction damages of Rs.12000/- were also awarded. The allegation was that petitioner had constructed the houses twenty years before. I have held in Bhudaee Vs. 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. Learned counsel for the petitioner has agreed for payment of damages at the aforesaid rate. Accordingly, both the impugned orders are set aside on the condition that petitioner deposits Rs.41,350/-within six months before the Collector concerned for being kept in consolidated gaon fund constituted under Section 125-A of U.P.Z.A.andL.R. Act. On payment of this amount within the aforesaid period, the land in dispute shall stand permanently settled with the petitioner. In case of default, this order shall stand automatically vacated and writ petition shall be deemed to have been dismissed and impugned orders shall immediately be executed. Writ petition is accordingly disposed of.