STATE OF M.P. AND ORS. Vs. CHHEDULAL

JUDGEMENT

(1.) This is an appeal against the order dated 6th August, 1997 passed by the court of 2nd Additional Sessions Judge, Rajnandgaon wherein in Appeal No. 131/95 respondent herein Chhedulal has been acquitted of the charges. Appeal was preferred by Chhedulal respondent against the order dated 5/12/95 in Criminal Case No. 411/90 whereby respondent was convicted under Section 36 of Nagar Tatha Gram Nivesh Adhiniyam, 1973 and was sentenced to 3 months SI and fine of Rs. 2000/-.

(2.) Brief facts of the case are that complaint was filed by Deputy Director, State Government Town and Country Planning, Rajnandgaon under Section 36 and 37 of the M.P. Nagar Tatha Gram Nivesh Adhiniyam on the ground that by notification dated 21/07/78 published in the gazette under Section 15 of the Adhiniyam, 1973 whereby existing land use and area was notified and by virtue of section 16 of the Adhiniyam, 1973 land used was freezed meaning thereby no development over the land could be carried out by anyone within the notified area. It was case of the complainant that on 1/07/87 respondent had started constructing his house over the land bearing Khasra No. 85/13 admeasuring 2000 sq. ft. without obtaining permission of the development authority and despite giving notice he did not stop the construction. Thereafter, complaint was made under Section 36 and 37 of the Adhiniyam, 1973. During course of trial, the respondent abjured his guilt and tried to explain the fact that an application was filed for diversion in respect of the land.

(3.) Learned court below after evaluating the facts and evidence convicted the appellant under Section 36 of the Act and sentenced him to 3 months simple imprisonment and fine of Rs. 2000/-. In absence of payment of fine 1 1/2 months imprisonment was further ordered. Being aggrieved by such order an appeal was preferred. In the appeal bearing No. 131/95 learned court of 2nd Additional Sessions Judge, Rajnandgaon acquitted the respondent/accused and hence this acquittal appeal by the State.