Kedar Nath vs Additional Collector, Allahabad and others

S.U.Khan,J.

This writ petition arises out of proceedings under Section 122B of U.P. Zamandari Abolition & Land Reforms Act initiated against the petitioner for his eviction from Gaon Sabha property. Following orders have been challenged through this writ petition;

Order dated 30.10.1985 passed by Tahisldar/Assistant Collector Manjhanpur, District Allahabad in case no.196 of 1985 Gaon Sabha Vs. Kedar Nath

Order dated 28.06.1989 passed by ADM(RA), District Allahabad, in case no.86 which was a revision directed against the first order and was dismissed.

The allegation against the petitioner was that he was in unauthorised possession of an area of 1 biswa 8 Dhur (biswansi) equivalent to 191 sq.yds.which was part of gaon sabha plot no. 2638 and had made constructions (house) thereupon. Alongwith order of eviction damages of Rs.8,800/ were also imposed which was described to be market rate/market value.

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. 19,100/within six months before the Collector concerned for being kept in consolidated gaon fund constituted under Section 125A of U.P.Z.A.&L.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.