LAKHPAT AND ANOTHER Vs. STATE

JUDGEMENT

(1.) THIS criminal revision raises a question of law of outstanding importance inasmuch as it challenges the validity of a prosecution commenced under the UP Roadside Land Control Act, 1945, (hereinafter called the Act) on the ground that the said Act had ceased to be in force at the time when it was enacted by the UP Legislature in the year 1945. Before dealing with that question, however, a number of other points on which the Applicants impugn their conviction and sentence for the offence Under Section 13 of the Act may be disposed of.

(2.) THE prosecution case in brief was that the Applicants had made illegal constructions on 'controlled' land along the Meerut Baghpat Road in Mile 16 furlongs 1 and 2 on the left side of village Daluhera without the permission of the Collector. The Applicants denied the making of such constructions within the aforesaid limits and stated that they had been wrongly prosecuted.

(3.) THE first point which was urged on behalf of the Applicants was that this particular village was not named in the Gazette notification and consequently the disputed land could not be deemed to be a part of the 'controlled' area so as to attribute to the Applicants the offence alleged to have been committed by them. Section 3 of the Act in so far as it is relevant is quoted below: