The High Court held that illegal encroachment findings are vitiated without land demarcation and set aside orders regarding the State's claim to Akida Bano's land, remanding the matter for a fresh inquiry.
Impugned orders set aside; matter remitted for fresh determination with consolidation of proceedings.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 18
Case :- CIVIL MISC REVIEW APPLICATION No. - 323 of 2021
Applicant :- Akida Bano Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Sharad Saran Srivastava Counsel for Opposite Party :- C.S.C.,Azad Rai
Hon'ble Ajay Bhanot,J.
adverted to by both the courts below. Further without proper demarcation of the lands, a finding of illegal encroachment cannot be returned.
vulnerability of the State land to illegal encroachment and the need for urgent corrective measures. Simultaneously the legislature has also acknowledged the reality of a large number of persons who have erected dwelling units on lands which are not reserved for any public purposes. The legislature has protected their rights in the manner prescribed in the provision. For ease of reference the provisions are extracted hereunder:
"67 Power to prevent damage, misappropriation and wrongful occupation of Gram Panchayat property.- (1) Where any property entrusted or deemed to be entrusted under the provisions of this Code to a Gram Panchayat or other local authority is damaged or misappropriated, or where any Gram Panchayat or other authority is entitled to take possession of any land under the provisions of this Code and such land is occupied otherwise than in accordance with the said provisions, the Bhumi Prabandhak Samiti or other authority or the Lekhpal concerned, as the case may be, shall inform the Assistant Collector concerned in the manner prescribed.
(2) Where from the information received under sub-section (1) or otherwise, the Assistant Collector is satisfied that any property referred to in sub-section (1) has been damaged or misappropriated, or any person is in occupation of any land referred to in that subsection in contravention of the provisions of this Code, he shall issue notice to the person concerned to show cause why compensation for damage, misappropriation or wrongful occupation not exceeding the amount specified in the notice be not recovered from him and why he should not be evicted from such land.
(3) If the person to whom a notice has been issued under sub-section (2) fails to show cause within the time specified in the notice or within such extended time as the Assistant Collector may allow in this behalf, or if the cause shown is found to be insufficient, the Assistant Collector may direct that such person shall be evicted from the land, and may, for that purpose, use or cause to be used such force as may be necessary, and may direct that the amount of compensation for damage or 34 misappropriation of the property or for wrongful occupation, as the case may be, be recovered from such person as arrears of land revenue.
(4) If the Assistant Collector is of opinion that the person showing cause is not guilty of causing the damage or misappropriation or wrongful occupation referred to in the notice under sub-section (2), he shall discharge the notice.
(5) Any person aggrieved by an order of the Assistant Collector under sub-section (3) or sub-section (4), may within thirty days from the date of such order, prefer an appeal to the Collector.
(6) Notwithstanding anything contained in any other provision of this Code, and subject to the provisions of this section every order of the Assistant Collector under this section shall, subject to the provisions of sub-section (5) be final.
(7) The procedure to be followed in any action taken under this section shall be such as may be prescribed. Explanation. - For the purposes of this section, the word 'land' shall include the trees and buildings standing thereon
(1) If any person referred to in sub-section (1) of section 64 has built a house on any land referred to in section 63 of this Code, not being land reserved for any public purpose, and such house exits on the November 29, 2012, the site of such house shall be held by the owner of the house on such terms and conditions as may be prescribed.
(2) Where any person referred to in sub-section (1) of section 64, has built a house on any land held by a tenure holder (not being a government lessee) and such house exits on November 29, 2000, the site of such house, notwithstanding anything contained in this Code, be deemed to be settled with the owner of such house by the tenure holder on such terms and conditions as may be prescribed.
Explanation. - For the purpose of sub-section (2), a house existing on November 29, 2000, on any land held by a tenure holder, shall, unless the 35 contrary is proved, be presumed to have been built by the occupant thereof and where the occupants are members of one family by the head of that family. "
of the Code should be in the category of persons referred to in Section 63 of the Code. The land should not be reserved for any public purpose. The date of the construction of the house should be prior to 29 November, 2012. The house of such persons should be existing on the disputed parcels of land on or before 29 November 2012.
(1) The petitioner shall file a fresh application under Section 67-A of the Code before the Tehsildar/Assistant Collector, Tehsil-Sirathu, District-Kaushambi, within a period of one month from the date of receipt of a certified copy of this order.
(2) The Tehsildar/Assistant Collector, Tehsil-Sirathu, District-Kaushambi, shall register the proceedings under Section 67-A of the Code upon submission of such application.
(3) Proceedings under Section 67-A of the Code so
instituted shall be consolidated and heard with proceedings under Section 67 of the Code registered as Case No.04409 of 2020, Computerized Case No. T202002420404409 (Gaon Sabha Vs. Akida Bano) and decided by a common order, consistent with the observations made in this judgement.
(4). Prior to entering a final judgement the court below shall ensure that demarcation of disputed parcels of lands is completed as per law.
Order Date :- 12.11.2021 Dhananjai
3 issues framed by the court
Whether a noticee under Section 67 of the U.P. Revenue Code can invoke protection under Section 67-A when mandatory prerequisites are not established.
Whether preventing damage or misappropriation proceedings require prior demarcation of disputed land boundaries.
Whether courts deciding under Section 67 are obligated to determine eligibility for protection under Section 67-A.
2 provisions across 1 enactments
Akida Bano
State Of U.P.
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
