STATE Vs. AMULYA KUMAR

JUDGEMENT

(1.) This is a Government appeal against the acquittal of Amulya Kumar Banerji who was prosecuted under Section 79, U. P. Town Improvement Act, 1919, read with Section 34 (A) enacted by the U. P. Town Improvement (Adaptation) Act, 1948. The facts briefly stated are as follows :

(2.) The respondent obtained permission from the Municipal Board of Banaras to construct a house on his land on Lajpat Rai Road, Banaras, sometime in September 1948. He started making constructions in accordance with the permission granted by the Municipal Board. While ho was doing so, by the notification dated 19-1-1949, the Government brought into force the Town Improvement (Adaptation) Act, 1948 (U. P. Act 47 of 1948), in the whole of Banaras Municipality with immediate effect. On 5-4-1949 the Banaras Improvement Trust resolved that a master plan for the whole of the city of Banaras be prepared for the improvement of the city. The Trust then requested the Government to issue a notification under Section 34 (A). Accordingly, the Government issued a notification dated 4-6-1949 declaring that the Banaras Improvement Trust had decided to enforce an Improvement Scheme in the areas specified in the notification excluding the areas under the control and power of the Cantonment and Railway authorities. In this specification the area of the entire city of Banaras was shown.

(3.) As the respondent continued making con-structions which he had started in pursuance of the permission obtained by him from the Municipal Board, ho was asked by the Secretary of the Trust not to do so. The respondent assorted that he had simply filled in the foundations and was not making any constructions worth the name. On 22-8-1949 the Trust passed a resolution that the Deferred Street Scheme in respect of certain streets be taken up in hand. Amongst the streets mentioned in the resolution was the street abutting which the house of the respondent was being constructed. The resolution provided that no one was to make constructions within 7 1/2ft. of the alignment of the streets. On 5-10-1949 the Investigator of the Trust reported that the respondent was making constructions contrary to the resolution of the Trust. There was some correspondence between the Secretary of the Trust and the respondent, and the respondent again asserted that he had not contravened any resolution of the Trust.