Possession of public utility land does not confer rights; damages must be calculated according to legal standards.

JUDGMENT

Rajeev Misra, J.

Heard Mr. Jay Prakash Singh, the learned counsel for petitioner, the learned Standing Counsel for Respondents 1, 2 and 3 and Miss Satakshi Singh, Advocate holding brief of Mr. Avinash Chandra Srivastava, the learned counsel representing Respondent 4.

2. Perused the record.

3. Challenge in this writ petition is to the order dated 26.09.2019 passed by Respondent 3/Assistant Collector/Tehsildar, Tehsil- Fatehabad, District-Agra in Case No. 04165 of 2018 (Gram Sabha Hirner Navada Kheda v. Kedar Singh), under Section 67 of U.P. Revenue Code, 2006, the order dated 16.11.2019 also passed by Respondent 3/Assistant Collector/Tehsildar, Tehsil-Fatehabad, District-Agra in Case No. 03408 of 2019 (Kedar Singh v. ....), under Section 67 of U.P. Revenue Code, 2006 on the restoration application dated 04.10.2019 filed by the petitioner against earlier order dated 26.09.2019, an order dated 10.10.2022 passed by Respondent 2, Additional Collector (Administration), Agra in Appeal No. 10726 of 2019 (Kedar Singh v. Gram Sabha Hirner trough Pradhan), under Section 67(5) of U.P. Revenue Code, 2006 whereby aforementioned appeal filed by petitioner against the orders passed by Respondent 3/Assistant Collector/Tehsildar, Tehsil-Fatehabad, District-Agra has also been dismissed.

4. Record shows that the Halka Lekhpal submitted his report dated 20.12.2018 alleging there that petitioner is in illegal possession and occupation over an area of 322.5 sq. mtr. of Gram Sabha land i.e. Survey Plot No. 158 area 0.1500 Hectare. After submission of aforementioned report, proceedings under Section 67 of U.P. Revenue Code, 2006 came to be registered against petitioner as Case No. 04165 of 2018 (Gram Sabha Hirner Navada Kheda v. Kedar Singh), under Section 67 U.P. Revenue Code, 2006. Accordingly, notice dated 17.01.2019 (RC-Form20) was issued to the petitioner. Petitioner appeared in aforementioned proceedings and filed his objection dated 11.02.2019 disputing the correctness of the report submitted by the Halka Lekhpal giving rise to the proceedings under Section 67 of U.P. Revenue Code, 2006. In view of above, the parties went to trial. The petitioner appeared in person before Respondent 3/Assistant Collector/Tehsildar, Tehsil- Fatehabad, District-Agra and denied his illegal possession and occupation over the Gram Sabha land. According to the petitioner, he is in possession over Survey Plot No. 160. The Halka Lekhpal also appeared in person and proved the report submitted by him. In view of aforesaid contentious issues, the Revenue Inspector was directed to conduct on spot measurement with regard to the illegal possession and occupation of the petitioner, if any. Accordingly, the Revenue Inspector conducted an on spot inspection on 03.08.2019 and submitted his report dated 20.08.2019. However, no objection against the said report was filed by the petitioner. As per the report of the Revenue Inspector, the petitioner was found to be in illegal possession and occupation over an area of 322.5 sq. mtr. of Survey Plot No. 158. In the light of above and the pleadings of the parties, Respondent 3/Assistant Collector/Tehsildar, Tehsil-Fatehabad, District-Agra proceeded to adjudicate upon the controversy involved.

5. Having dealt with the material on record and the evidence adduced of the parties, Respondent 3/Assistant Collector/Tehsildar, Tehsil-Fatehabad, District-Agra came to the conclusion that petitioner is in illegal possession and occupation over an area of 322.5 sq. mtr. of Survey Plot No. 158. Furthermore, Survey Plot No. 158 of Village-Kheda, Mauja-Hirner Navada Kheda, Tehsil- Fatehabad, District-Agra is recorded as manure pit (Khad ka Gadha). As such, the land in dispute falls in the category of public utility land. Consequently, the same is covered under Section 77 of U.P. Revenue Code, 2006. In view of above, no right can accrue in favour of petitioner, even on account of long and uninterrupted possession. He, accordingly, directed evic