GHAZIABAD DEVELOPMENT AUTHORITY GHAZIABAD Vs. SRI DULL CHAND

JUDGEMENT

(1.) This appeal has been preferred by Ghaziabad Development Authority, Ghaziabad against the judgment and order dated 17.3.78 passed by Third Additional Munsif Magistrate, Ghaziaoad, acquitting the respondent of the charge under Sec. 9 of U.P. (Regulation of Buildings Operations) Act, 1958 (hereinafter referred to as the Act).

(2.) The Building Inspector, Ghaziabad had made a report that the respondent had demolished his old shop and was reconstructing it. Thereafter, a complaint was lodged in the court of the concerned Magistrate at Ghaziabad. On this complaint, the respondent was charged for Sec. 9 of the Act. The prosecution had examined V.K. Jain, prescribed authority, Ghaziabad Development Authority Ghaziabad only. The accused had pleader not guilty to the charge. He stated that he only made repairs. Some of his projections had been demolished during raid of the Municipal authorities. Consequently, this necessitated repairs The respondent had examined himself as a defence witness. The Magistrate had held that the construction was double storeyed. It could not be reconstructed unless the two stories had been demolished On this basis, the prosecution case was disbelieved and the impugned order directing acquittal of the respondent was passed.

(3.) It has been urged by learned counsel for the respondent that the learned Magistrate has misconstrued the words "constructed" and "reconstructed" as used in the Act. It was also urged that even reconstruction cannot he done unless a proper sanction had been obtained from the concerned authority regulating the building operations.