(1.) Parties to the present appeal are migrants from West Pakistan after partition. As per the policy of the Government of India certain rooms in the barracks at Ulhas Nagar were allotted to Bhoorsingh Palasingh who, being apprehensive that Keshumal Aratmal, Shivdas Varialdas and Motimal Kotumal have encroached upon his land, filed Civil Suit No. 421 of 1969 in the Court of Civil Judge, Junior Division, Ulhasnagar. The trial Court found in favour of the plaintiff, decreed his claim for possession, but upon remand, fixed the compensation amount at Rs. 100.00 per Sq. Yd. An appeal, being Civil Appeal No. 154 of 1970 to the Extra Assistant Judge, Thane, resulted in an enhancement of the compensation to Rs. 1,000.00 , Rs. 966/- and Rs. 666/- for defendants Nos. 1,2 and 3 respectively giving rise to the present second appeal, which has been admitted on the question whether relief of compensation could be granted in the facts and circumstances of the case.
(2.) As the extent of encroachment has beet settled by the Commissioner appointed by the Court, I would not re-open that issue of fact but start with the data that the defendant No, I had encroached on a narrow strip of 3 feet broad and 15 feet long; defendant No. 2 on a strip of 3 feet broad and 14-1/2 feet long while the measurements of the strip encroached upon by the Defendant No. 3 are 4 feet broad and 7 feet 9 inches long. These encroachments are by now very old. The agreement in favour of the Appellant Bhoorsingh was executed on 9-11-1959 which did not delineate the extent of the area allotted to him. Probably Bhoor singh pre-supposed that the room and certain open area adjoining their room have been allotted to him and to ward off the encroachments of the Defendants rushed to Court on 20th Jan. 1969. On that date neither a conveyance was executed in his favour nor the area demarcated. The Conveyance came into being on 6th June 1967, which, in its schedule, describes the land as admeasuring 50 Sq. Yds. and gives its boundaries as the Registration subdistrict Kalyan, the District of Thana, Kalyan Camp No. 3, Ulhasnagar, and Barrack No. 705 room No. 1. This was followed by a letter dated 13-9-1967 from the Managing Officer and Administrator granting permission to construct a compound wall showing the plinth to be 35 Sq. Yds. and the side to be 15 Sq. Yds. Here again no boundaries as such have been demarcated. But that did not detain us here because the Commissioner has, after considering these documents, come to a finding of the extent of encroachment.
(3.) The Courts below, after discussing the case law have concluded that in order to settle the equities the Court may grant compensation instead of asking the defendant to remove the encroachment. But whether the grant of compensation is an adequate relief would depend on the facts and circumstances of each case. In the instant case the encroachment is of a narrow strip of land having a width of 3 feet in two cases and 4 feet in the third. Walls have been constructed and the Respondents are carrying on business since they came over from West Pakistan after partition. It would be in-I equitable at this distance of time after four decades to pull down the walls so constructed more so when the strip is as narrow as 3 feet. Even the Appellant was inducted in a barrack on the strength of a letter which did not demarcate the area which was allotted to him. Under these circumstances find that compensation was an adequate relief again the encroachments of narrow strips of land. However, considering the development of Ulhasnagar during the last four decades, I find that the compensation awarded should be increased four-fold to meet the ends of justice.