LAWS(ALL)-1968-8-39

ZILA PARISHAD BAREILLY, THROUGH ADHYAKASH Vs. SEVA RAM

Decided On August 20, 1968
Zila Parishad Bareilly, Through Adhyakash Appellant
V/S
SEVA RAM Respondents

JUDGEMENT

(1.) This appeal under Sec. 417(3) of the Crimial P.C. is directed against an order of acquittal passed by learned Assistant Sessions Judge, Bareilly, in Cr. Appeal No. 151 of 1965 in a case under Section 246 of the U.P. Zila Parishad Act, 1961 (U.P. Act XXXIII of 1961).

(2.) The facts of the case lie in a narrow campus. One Sewa Ram was prosecuted by the Zila Parishad, Bareilly, for causing obstruction on the Aliganj Siroli road in village Aliganj by extending his house on the road and thereby encroaching on it. Sewa Ram denied to have encroached on the road by making undue constructions. According to him, his house was standing since a long period on the same site and he had not extended it. The Zila Parishad examined its Draftsman Riasat Yar Khan, its Overseer S. R. Diwan, and the roadside Chaukidar Zilani Khan, all of whom stated that the road was measured at the spot with reference to the settlement map of 1938-39 and it was found to have been narrowed on account of the encroachment made by Sewa Ram, who extended his house on a part of it. Sri Diwan, the Overseer, filed a site plan (Ex. Ka-1) showing the said encroachment. Radhey Shyam, the Lekhpal of the village, verified the correctness of the site plan prepared by the Zila Parishad Overseer with reference to the settlement map of 1938-39, and added that the encroachment had been made after the aforesaid settlement. Sheo Shanker Mehrotra, the Assistant Record Keeper of the Zila Parishad, testified that a notice dated April 27, 1964 under Sec. 209 of the Zila Parishad Act was addressed to Sewa Ram asking him to remove the encroachment, but he did not comply with it.

(3.) Sewa Ram admitted to have received the notice but asserted to have sent a reply denying to have encroached on the road by making any construction. He examined Chhidda in his defence who stated that he was the President of village Aliganj and had been seeing the house of Sewa Ram in the same condition for the last several years, and that a part of the house was in a dilapidated condition which had been reconstructed by Sewa Ram on the old site. The trial Magistrate found Sewa Ram guilty under Sec. 246 of the U.P. Zila Parishad Act, 1961, and sentenced him to a fine of Rs. 80.00. In default of payment of fine, he was directed to undergo one month's simple imprisonment.