D.S.Sinha, J. - (1.) HEARD Shri Manoj Gupta, holding brief of Shri V. K. Gupta, learned counsel appearing for the petitioner and Shri Vinay Malaviya, learned standing counsel representing the respondents.
(2.) THE order dated 7th May, 1979, a copy whereof is Annexure 6 to the petition, passed by the Collector Road Side Land Control Officer, Muzaffamagar, the respondent No. 2. under Section 13 (2) of the U. P. Road Side Land Control Act, 1945, hereinafter called the Act, is under challenge in this petition under Article 226 of the Constitution of India. By the impugned order the petitioner has been called upon to remove the disputed construction within the time specified in the order. The order is founded on the twin findings that the area where the disputed construction lies is controlled area with effect from 12th January. 1957 ; and that the disputed construction was raised in April 1973 in contravention of the provision of the Act. Learned counsel for the petitioner contends that the impugned order is totally illegal and without Jurisdiction inasmuch as the provisions of the Act have no application qua the disputed construction. To buttress his submission learned counsel relies upon the provisions of Section 16 of the Act, specially the second part of its sub-section (a).
(3.) COUNTERING the submission of the learned counsel for the petitioner, the learned standing counsel, representing the respondents, asserts that provisions of Section 16 of the Act are not attracted on the facts and in the circumstances of the case. Sub-Section (a) of Section 16 of the act, whereupon reliance is placed on behalf of the petitioner, reads thus :- "16. Saving.-Nothing in this Act shall apply to- (a) the erection or re-erection of buildings upon land included in the inhabited site of any village as entered and demarcated in the revenue records or upon sites in a municipal, notified, or town area that are already built up on the date of the issue of the notification under sub-section (2) of Section 3 of this Act;" (Emphasis supplied) ;