STATE Vs. RAM ADHAR

JUDGEMENT

(1.) This appeal is by the State against the order of acquittal dated 18 -12 -1968 passed by the learned Sessions Judge, Kanpur, in Cr. A No. 181 of 1968.

(2.) Ram Adhar Respondent was prosecuted Under Sec. 13 of the U.P. Roadside Land Control Act, 1945 for having made certain unauthorised pucca construction on the roadside at Furlong 5 of Mile No. 88 on the Lucknow -Jhansi National Highway which had been declared controlled area Under Sec. 3(1) of the U.P. Roadside Land Control Act by Government Notification dated 12 -1 -1961. The construction made by the Appellant was in an area of 46' Ã - 37' 6" and within 45' from the centre of the road without obtaining the permission of the Collector as required Under Sec. 5 of the said Act. The allegations as contained in the complaint were that on 16 -4 -1967 the disputed constructions were noticed by Devanand Mate (PW 3) who reported the matter and thereupon the Overseer Nazir Ahmad (PW 2) inspected the site and found construction in progress and in spite of notice the Respondent did not desist from continuing the unauthorised construction.

(3.) The Respondent denied the allegations and contended that the building was an old building constructed before the coming into force of the United Provinces Roadside Land Control Act, 1945. He also produced one Kedarnath (DW 1) as a defence witness to state that the building which stood at the spot was about 18 or 20 years old.