LAWS(MPH)-1996-12-21

SPECIAL DEVELOPMENT AREA CHITRAKUT Vs. POORANLAL

Decided On December 10, 1996
SPECIAL DEVELOPMENT AREA, CHITRAKUT Appellant
V/S
POORANLAL SON OF MAHIPAL Respondents

JUDGEMENT

(1.) A criminal case No. 228/82 was instituted upon a complaint filed by the Chief Executive Officer, Special Area Development Authority, Chitrakut before the Judicial Magistrate Satna, which was registered as Criminal Case No. 528/84 and was dismissedon merit by the Judicial Magistrate First Class Santa vide the impugned order dated 21-6-1965. Against this order, as required under Sub-Section (4) of Section 378 Cr. P.C. the Special Area Development Authority, Chitrakut applied for special leave to appeal to this Court which was granted by this Court in Misc. Criminal Case No. 3199/85 on 17-9-1986 whereupon the present appeal was filed and was admitted by the Additional Registrar of this Court on 5-1-1987.

(2.) The complaint was filed by the Chief Executive Officer, Special Area Development Authority Chitrakut. It was a cyclostyled one and in Para 2, it is stated that the accused had constructed a new house on Chitrakut Pili Kothi Marg without obtaining the permission from the Authority as required under Sections 16 and 29 of the Madhya Pradesh Nagar Tatha Gramin Nivesh Adhiniyam, 1973 (for brevity hereinafter referred to as the Adhiniyam) and further that he was given notice on 7-7-1981, 24-7-1981, 9-11-1981 for stoppage of the construction work and for producing necessary papers, but the accused neither stopped the construction nor took any steps for obtaining the permission, which constituted an offence under Section 36 of the Adhiniyam. The complaint was in the name of Special Area Development Authority, through Chief Executive Officer, Chitrakut, Distt. Santna M.P.

(3.) The complainant examined as many as four witnesses. Dharampal Rajak was examined as PW 1. Jayprakash Sharma was examined as PW 2. Ramashankar Gautam was examined as PW 3. Ravendra Pratap Singh was examined as PW 4.