DEBI GHULAM AND ANOTHER Vs. STATE

JUDGEMENT

(1.) This is an application in revision against the judgment and order of Sessions Judge, Kanpur dt. 7 -6 -1969 in Cr. A. No. 9 of 1969 affirming the order dated 21 -11 -1968 passed by the SDM convicting the two applicants for an offence u/S. 13 of the UP Roadside Land Control Act and sentencing them to pay a fine of Rs. 150/ - each. The case against the two applicants Devi Ghulam and Jagdish was started on a complaint filed by the Asstt. Engineer PWD, Kanpur. It was alleged that an area on both sides of the Lucknow -Jhansi Nainital High way had been duly notified as controlled area u/S. 3 of the UP Roadside Land Control Act by means of a notification dated 12 -1 -1961. In the year 1968 the two applicants made certain constructions within the controlled area at a distance of 72 feet from the centre of the road in village Deegh at mile No. 83 and furlong No. 7. The two applicants did so without obtaining the permission of the Collector as required under the Act.

(2.) Both the applicants denied the prosecution case and pleaded that they had been implicated in the case on account of some misconception. In support of their case they examined DW 1 Lakshmi Lal and DW 2 Jethu, two masons who deposed that the disputed construction had been made some 20 or 22 years ago and that it belonged to Vishnu Dayal. It may be pointed out that Vishnu Dayal is the son of Debi Ghulam. In short, the defence of the two applicants was that they were not the owners of the disputed construction which was made about 20 or 22 years back, and they had nothing to do with it.

(3.) Trial Court believed the prosecution case that the disputed construction was made in the year 1968, within the controlled area by the two applicants, and as such they were guilty of an offence u/S. 13 of the Act.