RAGHUBIR SAHAI SRIVASTAVA Vs. STATE

JUDGEMENT

(1.) The Applicant has been sentenced to a fine of Rs. 200/ - in default to 2 months' S.I. under Sec. 13 of the UP Roadside Land Control Act, 1945 (UP Act No. X of 1945) for contravening Sec. 5 of that Act, to wit, raising a building within the controlled area as defined in Sec. 4.

(2.) The State Government by notification dated 3 -10 -1959 declared the Grand Trunk Road as a controlled area Under Sec. 3. That Sec. lays down that on the making of a notification by the State Government any land within a distance of 440 yards from the centre line of any road shall be a controlled area. Sub -section (6) of Sec. 2 defines 'road' to mean a metalled road maintained by the State Government or by a local authority. In the year 1956 the Central Government passed an Act known as National Highways Act (Act No. 48 of 1956). By Sec. 2 of this Act certain highways specified in the schedule were declared to be national highways. The Grand Trunk Road, the road under consideration in the present case, was included in the schedule as a national highway. Sec. 4 declared that all national highways shall vest in the Union and for purposes of the Act 'highway' shall include all land appurtenant thereto whether demarcated or not, all bridges, culverts, etc. and all fences, trees, posts and boundary, furlong and mile stones of such highways. After the coming into force of the (sic) Act on 15 -4 -1957 the definition of 'road' as given in Sec. 3 of the UP Act of 1945 became inconsistent with Sec. 2 of the Central Act. The State Government, therefore, passed an amending Act (Act No. VI of 1965). By the said Amending Act Clause (6) of Sec. 2 which defined 'road' was drastically altered and reads thus:

(3.) By Sec. 4 of the Amending Act it was declared that every notification issued and every order or declaration made under the old Act shall be deemed to be considered as if made under the Amending Act.