- (1.) The reference to the Division Bench has been occasioned by an order dated 1 October 2013 of a learned Single Judge while dealing with the provisions of the U.P. Zamindari Abolition and Land Reforms Act, 1950(Act of 1950).
(2.) The learned Single Judge noticed several judgments of coordinate Benches dealing with the provisions of Section 122-B. In some of the judgments, learned Single Judges had held that in certain circumstances, while deciding a challenge to an order of eviction under Section 122-B, this Court, in the exercise of its power of judicial review under Article 226 of the Constitution, had the jurisdiction to direct the settlement of the land in favour of an individual found to be in unauthorized occupation by substituting an order for the payment of damages in lieu of the order of eviction. These judgments were delivered in: (i) Ajanta Udyog Mandal Vidyalay v State of Uttar Pradesh LAWS (ALL)- 2005-1-103 (decided on 28 January 2005); (ii) Budhaee v Collector, Fatehpur, 2005 98 RevDec 741 (decided on 19 April 2005); (iii)Sukhdeo v Collector, Banda, 2007 102 RevDec 83 (decided on 6 November 2006) (iv)Kishore Singh v Additional Collector, Agra, 2007 102 RevDec 303 (decided on 21 November 2006) (v) Siya Ram v Additional Commissioner (Administration), Kanpur Division, Kanpur, LAWS (ALL)-2007-7-193 (decided on 3 July 2007) (vi) Ram Charan v Additional Collector (Prashashan), Firozabad, Agra, Civil Misc. Writ Petition No.4775 of 1983 (decided on 9 March 2007).
(3.) The learned Single Judge noted that taking a contrary view in Pratap Singh Shishodia v Board of Revenue, Allahabad, 2008 1 AWC 380, another learned Single Judge had, however, taken the view that it would not be permissible to allow a person, who had grabbed public property by a back-door process, to claim settlement of the property and to have his occupation legalised. The learned Single Judge held that the tendency of encroachment on public land and property was increasing and it was not appropriate to place a premium on a wrong and void act unless it is permitted in law.;