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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW
IRSHAD ALI
Ram Khelawan – Appellant
Versus
State Of U.P.Through Secy. Revenue Lucknow – Respondent
| Table of Content |
|---|
| 1. details of proceedings and evidence. (Para 4 , 5 , 10) |
| 2. petitioner's arguments against eviction. (Para 7 , 8 , 9) |
| 3. judicial reasoning supporting damages over eviction. (Para 14 , 15 , 16) |
JUDGMENT :
Irshad Ali, J.
1. Heard learned counsel for the petitioner and learned Additional CSC for respondent - State.
2. By means of present writ petition, the petitioner is challenging the orders dated 27.07.2006 passed by respondent No.2 in Revision No.148 of 2005- 2006 under Section 333 of UPZA&LR Act and judgment and order dated 12.04.2006 passed by respondent No.3 in case No.25 of 2005-06 under Section 122-B of UPZA&LR Act contained as Anneuxre Nos.1 and 2 to the writ petition.
3. Factual matrix of the case is that father of the petitioner namely late Babulal was owner of the house in suit prior to abolition of Zamindari and as per provision of Section 9 of UPZA&LR Act, 1950 the land in suit was settled with the house of the owner namely late Babulal - father of the petitioner and since then father of the petitioner was in continuous possession till his life and after the death of father of the petitioner the petitioner is in continuous possession over the house in suit.
4.
Longstanding occupants may be awarded damages instead of eviction, emphasizing the principle of justice in land disputes.
The court affirmed that unauthorized occupants who built houses before the cut-off date are deemed legal owners, hence cannot be evicted despite the claims of land ownership by the appellants.
The court affirmed the eviction order but quashed the damages due to lack of conclusive evidence and procedural irregularities in the assessment of damages.
No rights can accrue over public utility land based on long possession; damages must be calculated according to established rules.
Damages awarded for illegal possession must be substantiated by evidence; failure to prove the Halka Lekhpal's report renders the damages arbitrary.
Authorities must adhere to statutory provisions and consider beneficial legislation in eviction proceedings under the U.P. Revenue Code.
The U.P.Z.A. & L.R. Act has a special status under the Constitution of India, and the general civil law would not be applicable over it. The determination of the nature of land exclusively falls with....
Resolution by the Land Management Committee for land allotment without approval from the S.D.M. lacks legal validity, leading to unlawful possession claims.
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 established that there is no limitation for filing a suit under Section 229-B of the U.P.Z.A. and L.R. Act, affirming the petitioners' continuous possession and rights over the disputed lan....
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