RAJEEV MISRA
Satvir – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
Rajeev Misra, J.
1. Heard Mr. Arvind Kumar Pandey, the learned counsel for petitioner, the learned Standing Counsel for Respondents 1, 2, 3 and 4 and Mr. Sunil Kumar Singh, the learned counsel representing Respondent 5-Land Management Committee.
2. Perused the record.
3. At the very outset, the learned counsel for petitioner submits that he be permitted to implead the NOIDA authority as respondent no.6 in the cause title of the writ petition as well as the stay application appended along with the writ petition.
4. Prayer made by learned counsel for petitioner is not opposed by the learned Standing Counsel and the learned counsel for Land Management Committee.
5. It is accordingly allowed.
6. Let necessary amendment in the cause title of the writ petition/stay application be carried out by learned counsel for petitioner during course of the day.
7. Challenge in this writ petition is to the order dated 24.03.2023 passed by Respondent 4, Tehsildar (Judicial)/Assistant Collector, Tehsil Dadari, District-Gautam Budh Nagar in Case No. 6070 of 2023 (Land Management Committee Vs. Satvir), under Section 67 of U.P. Revenue Code, 2006 (Annexure-3 to the writ petition) as well as the order
The court affirmed the eviction order but quashed the damages due to lack of conclusive evidence and procedural irregularities in the assessment of damages.
Damages awarded for illegal possession must be substantiated by evidence; failure to prove the Halka Lekhpal's report renders the damages arbitrary.
No rights can accrue over public utility land based on long possession; damages must be calculated according to established rules.
Eviction upheld for illegal encroachment on public utility land, but damages quashed due to failure to comply with mandatory calculation procedures.
Authorities must adhere to statutory provisions and consider beneficial legislation in eviction proceedings under the U.P. Revenue Code.
Judicial proceedings must adhere to due process, including providing notice and opportunity to be heard, failing which decisions are invalid.
Judicial proceedings must adhere to due process, including the right to be heard and the requirement for evidence to be properly substantiated.
Possession of public utility land does not confer rights; damages must be calculated according to legal standards.
Eviction orders under the U.P. Revenue Code require measurement and demarcation to establish illegal possession; failure to do so renders such orders unsustainable.
The court ruled that revenue authorities must diligently evaluate evidence and properly calculate damages in eviction proceedings under the U.P. Revenue Code.
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