B.AMIT STHALEKAR,J. - (1.) Heard Sri A.K. Dwivedi, learned counsel holding brief of Sri R.P. Shukla for the petitioner and the learned Standing Counsel for the respondents No. 1 to 3.
(2.) The petitioner is seeking quashing of the orders dated 29.11.2016 and 7.10.2016 arising out of proceedings under Section 122B of the U.P. Z.A. and L.R. Act, 1950. The proceedings were initiated against the petitioner on the ground that the petitioner has illegally occupied the land which was demarcated as pond. The plot in dispute is recorded in the revenue record as pond land. The case of the petitioner was that plot adjacent to plot No. 316 was used for digging mud and the nature of the land was also pond and on this land the petitioner's father made a construction of tin shade. His contention further is that the land was declared as abadi. The contention of the petitioner was rejected by the Tehsildar, Gyanpur by order dated 7.10.2016 holding that the land was demarcated as pond land and therefore, the possession of the petitioner over the land was wholly illegal. Aggrieved the petitioner preferred an appeal and in appeal also his plea was that an application was moved by his mother on which an order was passed for conversion of this land into abadi. What, however, could not be disputed by the petitioner was that the land in question was a pond and fell within the definition of land mentioned in Section 132 of the U.P. Z.A. and L.R. Act of which no allotment could be made in favour of any person. Even if, the mother of the petitioner had moved an application in 1993 and an order had been passed for permanent change of nature of land such an order could not grant any right in favour of the petitioner as no conversion of land was permissible being land under Section 132 of the Act, 1950.
(3.) Encroachment upon public land as pond etc. has been seriously deprecated by the Supreme Court in the case of Hinch Lal Tiwari v. Kamala Devi, AIR 2001 SC 3215 which has been followed by the Madras High Court in L. Krishnan v. State of Tamil Nadu.;