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JASPREET SINGH
Chiraunji Lal – Appellant
Versus
State Of U. P. Thru. Collector, Lucknow – Respondent
JUDGMENT :
(Jaspreet Singh, J.)
1. Heard Shri Madan. Gopal. Misra, learned counsel for the petitioner, Shri Hemant Pandey, learned standing Counsel for the State-respondents and the learned counsel Shri DilipKumar Pandey for Gram Panchayat.
2. Under challenge is the order dated 16.05.2023 passed by the respondent no.4 imposing penaltyof Rs.40,000/-for 0.0009 hectares land of Gata No.502, situate at village Hulaskheda, Pargana and Tahsil Mohanlalganj, District Lucknow, holding that the petitioner has illegally encroached upon the vacant land. i.e. Gata no. 502 measuring 0.0009 hectares of total 0.076 hectares. The said order was assailed in appeal under Section 67(5) of the U.P. Revenue Code, 2006 and the appeal has been dismissed by the respondent no.3 by means of order dated 29.01.2024.
3. It is submitted that on the complaint of Gram Samaj, respondent no.4 served a notice to the petitioner alleging encroachment of land bearing Gata No.502, situated at the aforesaid village. The petitioner submitted reply to the aforesaid notice, denying the allegations of encroachment on any part of land in question and submitted written reply before the respondent no.4. The respondent no.4 did no
The court ruled that penalties imposed for land encroachment must comply with established procedural guidelines to ensure fairness and transparency.
The court emphasized adherence to procedural guidelines in land encroachment cases, ruling that arbitrary orders lacking proper evidence and consideration must be quashed.
Eviction upheld for illegal encroachment on public utility land, but damages quashed due to failure to comply with mandatory calculation procedures.
Procedural fairness is essential in eviction proceedings; failure to address specific grounds in appeals and adhere to established guidelines violates due process.
Proper measurement and due process are essential in eviction proceedings, as statutory compliance safeguards against arbitrary actions by the authorities.
Judicial proceedings must adhere to due process, including the right to be heard and the requirement for evidence to be properly substantiated.
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