STATE OF U.P. Vs. SADHU

JUDGEMENT

(1.) All these six cases involve similar questions of fact and common questions of law, regarding the interpretation and effect of Ss. 5 and 13 of the U.P. Roadside Land Control Act X of 1945 (hereinafter called the U.P. Act) as finally amended by the U.P. Roadside Land Control Act, VI of 1965, which came into force with effect from March 20, 1965. They can, therefore, be disposed of by a single judgment. Government Appeals Nos. 593 and 594 of 1965 have been preferred by the State against the orders of acquittal passed by Sri K.D. Srivastava, Magistrate/class, Allahabad on Dec. 31, 1964 and Dec. 30, 1964 respectively. On the other hand, all the Criminal Revisions have been filed by the accused persons involved in four different cases. Cr. Rev. No. 329 of 1966 has been referred to a larger Bench by the order of Rajeshwari Prasad, J. dated Nov. 27, 1967, while Cr. Revs. No. 454 and 900 of 1966 have been referred to a larger Bench by the order of J.N. Takru, J. dated Nov. 22, 1967 and Cr. Rev. No. 1227 of 1966 has been connected with Cr. Rev. No. 900 of 1966 by the order of Tripathi, J. dated March 2, 1968.

(2.) All the above cases have arisen out of the alleged contravention of Sec. 5 of the Act and the accused of various cases have either been acquitted, punished or dealt with under Sec. 13 thereof, for having built upon the controlled area of the highways without the permission of the Collector. In order to appreciate the true nature of the controversy, it is necessary to examine the relevant provisions of certain sections of the impugned Act.

(3.) The U.P. Roadside Land Control Act, 1945 was enacted with a view to control haphazard construction of buildings along the roads, as defined in sub-section (6) of Sec. 2 of the Act, according to which 'road' means a metalled road maintained by the State Government or by a local authority or a route demarcated by State Government or a local authority with a view to constructing along it a metalled road."