Tarun Agarwala - (1.) -Heard learned counsel for the parties.
(2.) A notice was issued by the Gaon Sabha to the petitioner alleging that the petitioner had made constructions on 15 biswansi of plot No. 638 (approximately 95 square yards) which belonged to the Gaon Sabha and therefore, directed the petitioner to remove the construction, failing which proceedings under Section 122B of the U.P.Z.A. and L.R. Act would be initiated and damages amounting to Rs. 4,700 would be imposed. The petitioner filed his objections stating therein that the petitioner had purchased a portion of land from plot No. 638, from Sachidanand, and had constructed a house prior to the consolidation operations and therefore, the said construction was not a new one and that the construction was existing for quite sometime. In proceedings under Section 122B of the Act, the evidence of the Lekhpal and other witnesses was taken and it was found that the constructions raised by the petitioner was an old one. The Tehsildar found that the petitioner was using the land for residential purposes and that the construction was an old one and consequently discharged the notice under Section 122B of the Act. The Tehsildar, further directed that the Gaon Sabha may file a suit, if they are so advised. Instead of filing a suit, the Gaon Sabha preferred a revision under Section 122B (4A) of the Act, which was allowed by an order dated 14.2.1995, on the short ground that the land in question belongs to the Gaon Sabha pursuant to the consolidation operations and that it was immaterial as to whether the constructions raised by the petitioner was a new one or an old one and accordingly directed the eviction of the petitioner. The petitioner, being aggrieved, has filed the present writ petition.
(3.) THE Gaon Sabha holds the land for the benefit of the residents of the villagers and, from time to time, the Gaon Sabha allots the land for abadi purposes and the allottees are permitted to raise houses for residential purposes. THE U.P.Z.A. and L.R. Act also provides regularisation of unauthorised occupants belonging to Scheduled Caste and Other Backward Classes and also to those persons belonging to the General Category living below the poverty line under Section 123 of the Act. The Court finds that instead of eviction, the authority could have awarded damages as an alternate relief in lieu of eviction, taking into consideration, the duration of occupancy on the land in question as well as considering the nature of the unauthorised occupation coupled with the area of the encroached portion.;