- (1.) KRISHNA Ballabh Misra, Ram Pal, Noni alias Nanhey, Mohar Singh. Sobhi, Bhoopal, Jai Narain and Sohan applicants were convicted under Section 447 I. P. C. and were sentenced to the month's rigorous imprisonment by the judgment of the Judicial Magistrate, 1st class. Bareilly, dated 12-1-1970. passed In case No. 525 of 1967, They filed criminal appeal No. 49 of 1970 in the court of the Sessions Judge, Bareilly against their conviction and sentences which was dismissed by the judgment of the learned Judge dated 5-2-1971. They have now come UP in revision to this Court
(2.) THE case of the prosecution is that the applicants are tenure-holders of various plots in village Chitouli and village Sirsa Jasir. Under an agreement entered into between the applicants and the Synthetic and Chemicals Factory, Bareilly a pipe line was laid in their plots in 1962 by the Factory for the discharge of the waste products (effluent) in river Dolora. This pipe line was laid three feet below the ground surface and did not disturb the possession of the applicants over their plots. Subsequently, in 1963 the State Government acguired a strip of land 30 feet wide running through the aforesaid plots of the applicants and others for the Rubber Factory by notification published in extrahttp: ordinary U. P. Gazette on May 29, 1963. Thereafter the possession over the acguired land was delivered by Sri R. N. Verma. Tehasildar (P. W. 5) to Sri F. F. Moss Factory Manager on 5-7-1963. It is alleged that the applicants took possession of this land Illegally on 22-7-1965 and continued their Illegal possession over it in spite of notice being served on them in 1966 by Captain Mahendra Singh (P. W. 1) on behalf of the Factory.
(3.) THE defence of the applicants is that they were never dispossessed from any portion of their plots by the Land Acquisition Authorities.;