Allahabad High Court
Suresh Chandra vs Gaon Sabha Mahmoodabad And Others on 10 July, 2019
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 8 Case :- MISC. SINGLE No. - 814 of 1991 Petitioner :- Suresh Chandra Respondent :- Gaon Sabha Mahmoodabad And Others Counsel for Petitioner :- S.C. Sitapuri Counsel for Respondent :- R.N. Gupta,Azad Khan,C.S.C. Hon'ble Dinesh Kumar Singh,J.
1. This writ petition has been filed aggrieved by the orders passed by Assistant Collector, Nawabganj, District Barabanki under Section 122B of the U.P. Z.A. & L.R. Act and the order passed by Additional Collector in revision.
2. Vide order dated 27.11.1987 the Assistant Collector, Nawabganj, Barabanki on basis of report of the Tehsildar dated 31.08.1987 held that on land in Gata No.423/0.10.15, the petitioner had constructed a house and also planted trees and he had been living for several years. Similarly, in Gata No.420 area 0.3.12 also he had planted trees and has illegally encroached the land for more than 20 years. The Assistant Collector, therefore, passed order to evict the petitioner from Gata Nos.420 and 423 and also imposed damages of Rs.10,200/-.
3. The aforesaid order passed by Assistant Collector, Nawabganj, Barabanki was challenged in revision before the Additional Collector, Barabanki who vide order dated 06.02.1990 rejected the revision and affirmed the order passed by Assistant Collector. It was held that no adverse possession could be claimed against the land of Gram Sabha. The review petition was filed seeking review of the order passed in revision which came to be dismissed vide order dated 19.03.1991.
4. Sri Amrendra Singh, learned Standing Counsel has submitted the latest instruction in respect of lands allegedly encroached by the petitioner. It has been said that the encroachment is only in land in Gata No.423 (area 11x15 mtrs) i.e. 0.061 htrs where the petitioner has constructed a wash room and he had implanted trees and erected boundary wall. The petitioner residential house is in abadi land. He has also submitted the latest photographs which would show that an old temporary wall is standing on the aforesaid land with small wash room. He submits that there is no question of demolition of residential house of the petitioner and the authority will not demolish it inasmuch as his residential house is situated on the abadi land and not on Gaon Sabha land. He further submits that trees implanted by him would not be cut down and the petitioner will be owner of the trees till the lives of the trees. However, in respect of the boundary wall and the washroom, it is said that since they have been constructed on Gaon Sabha land, the same shall be demolished and encroachment would be removed. If the petitioner himself removes the encroachment, then the damages would not be realised from him.
5. Considering the aforesaid stand, this writ petition is disposed of finally with following directions:-
(i) The authorities will not demolish the residential house of the petitioner.
(ii) The authorities will not cut trees planted by the petitioner standing at Gata No.423.
(iii) The petitioner will remain the owner of the trees till the lives of the trees.
(iv) The petitioner will himself remove the encroachment over Gata No.423 (area 11x15 mtrs) within two months from today, and, if he removes the encroachment, the damages as imposed by the Assistant Collector will not be realised from him otherwise he will be liable to pay damages as awarded by the Assistant Collector and the encroachment shall be removed by the authorities.
Order Date :- 10.7.2019 prateek