PHERAN SINGH Vs. STATE

JUDGEMENT

(1.) THIS revision raises an important question with regard to the interpretation of Section 16 of the UP Roadside Land Control Act (UP Act No. 16 of 1945) hereinafter called the Act. It is directed against the judgment of the Sessions Judge, Meerut, affirming an order passed by the Sub -Divisional Magistrate, Hapur, on 18 -3 -1968 convicting the Applicant for an offence Under Section 13 of the Act and sentencing him to pay a fine of Rs. 300/ - and in default to undergo rigorous imprisonment for three months.

(2.) THE facts of the case are that by a notification dated 10 -12 -1955 issued Under Sub -section (2) of Section 3 of the Act the land upto 220 feet on either side of Delhi -Garhmukteshwar Road was declared "controlled area". The Applicant raised some constructions on mile No. 39, furlong No. 3 on the right side of the road near village Babugarh at a distance of 44 feet from the centre of the road without obtaining any permission from the Collector as provided in Section 5 of the Act. A complaint was, therefore, preferred for the prosecution of the Applicant on 25 -10 -1967 for the offence Under Section 13 of the Act.

(3.) THE prosecution examined a number of witnesses including Sri D.C. Gupta, Overseer (PW 1), who stated the entire prosecution case and added that the impugned constructions had been made after the issue of the notification and that he had last seen the constructions being raised in April 1967.