S.U.Khan, J. - (1.) This writ petition is directed against orders passed under Section 122 - B of U.P. Zamindari Abolition and Land Reforms Act, against the petitioners, Mohan Lai and Gaya Prasad. The case against Mohan Lai was registered as Case No. 85/440, Gaon Sabha v. Mohan Lal . The case was decided by the Assistant Collector/Tahsildar Banda on 1.7.1989. Through the said order petitioner was directed to be evicted and damages of Rs. 6,000/- were also imposed. Area of the alleged encroached land is 0.02 acres (97 sq. yards). The said order was maintained in revision No. 86, which was dismissed by the Collector, Banda on 13.2.1990. The orders are based only on the report of the Tahsildar. The plea of the petitioner that he was in possession since very long was not properly considered.
(2.) So far as the other petitioner Gaya Prasad is concerned, the case against him was registered as Case No. 82/437. Assistant Collector/Tahsildar Blanda decided the said case also by order dated 1.7.1989 and directed the eviction of petitioner Gaya Prasad from the land in dispute ad-measuring 0.10 acres (484 sq. yards). Damages of Rs. 5,000/- was also imposed. The said order was also maintained in revision No. 85 dismissed on 13.2.1990, by the Collector, Banda. In the case of Gaya Prasad also his plea that his house was standing over the land in dispute since very long was not properly considered. Moreover, there does not appear to be any criteria for determining the damages. Land in possession of Gaya Prasad is 5 times more than the land in possession of Mohan Lai, in area. However, against Mohan Lal damages of Rs. 6,000/- have been awarded while against Gaya Prasad damages of only Rs. 5,000/- have been charged.
(3.) In some cases it is not essential to direct eviction and demolition even if possession is found to be unauthorized. Petitioners have got their houses over the land in dispute since long. Gaon Sabha also holds the property for public purpose and giving the land to needy persons for construction of house is also a public purpose. Accordingly, in my opinion, interest of justice will best be served by awarding damages in lieu of eviction.;