FAKRUDDIN Vs. STATE

JUDGEMENT

(1.) Fakhruddin has filed this revision application against the judgment and order dated 30-11-1977 passed by the Sessions Judge, Ghaziabad, dismissing his appeal and confirming his conviction under Sec. 9 of the U.P. (Regulation of Building Operations) Act 1958 and a fine of Rs. 1000.00awarded thereunder. In default of payment of fine he was sentenced to six months S.I.

(2.) Briefly stated the facts giving rise to this revision application are that on 28-9-1973 Sri Moti Lal Goel, Junior Engineer, visited Railway Road Bajraia in the town of Ghaziabad and found that two masons and four labourers were raising new constructions. On enquiry they gave out that the revisionist was getting a shop constructed. The revisionist was not present at that time. The Junior Engineer prepared a memo and a site plan of the constructions in dispute. One more memo was prepared on the spot and all these papers were submitted in the office of the Prescribed Authority, Regulated Area, Ghaziabad. After perusing them Sri Mahabir Singh issued a show cause notice to the revisionist on 1-10-1973. This notice was signed by Sri Mahabir Singh as Prescribed Authority. On 7/8-11-1973 the revisionist appeared in the office of the Prescribed Authority and filed a reply stating that he had not raised any new construction but he was getting only the old construction replastered. He also gave out that he was having the kuchcha floor converted into a pucca one. On 8-2-1974 Sri Mahabir Singh who was officer on special duty in the office of the Prescribed Authority, Regulated Area, Ghaziabad, filed a complaint against the revisionist.

(3.) In the trial court again the revisionist pleaded that he was not raising any new construction but was getting the old one replastered. The legality of the prosecution was also challenged on the ground that there was no sanction to prosecute.