A. N. Varma, J. - (1.) BY means of this petition the petitioner has challenged the validity of the notice issued by the Zila Parishad, Jaunpur asking the petitioner to remove certain constructions which are stated to be standing over a piece of land which forms part of a roadside pattri belonging to and maintained by the Zila Parishad. The sole ground on which the validity of the notice has been challenged is that the Zila Parishad has no power to direct demolition of the disputed constructions under the U. P. Kshettra Samitis and Zila Parishads Act (for short Act) or under any other provision. The impugned notice states that the petitioner has without permission of the Zila Parishad constructed a kothari over the roadside pattri. Consequently at meeting of the Zila Parishad held on 23-7-77 it was decided that the petitioner be directed to remove the said unauthorised construction.
(2.) SHRI Sankatha Rai, learned counsel for the petitioner submits that the Zila Parishad was not authorised to direct demolition of the disputed construction even if the same are taken to be standing over the roadside pattri. Learned counsel argued that the only power which the Zila Parishad has been given under the said Act is that which is mentioned in Section 196 of the Act which provides for demolition of unauthorised construction standing over a drain or water work etc. The power which has been vested in the Zila Parishad under Section 196 is in respect of public drain or culvert or water work, etc. only and the same does not extend to removal of constructions which may be standing over roadside pattri. Shri Sunil Gupta, counsel for the respondent Zila Parishad has, however, brought to our notice Section 270 of the Act which provides :- "270. - Continuation of appointments, of taxes, budget estimates, assessments, etc.-Save expressly provided by the provisions of this Chapter- (a) any appointment, delegation, notification, notice, tax, order, direction, scheme, licence, permission, registration, rule, bey law, regulation, form made, issued, imposed or granted under the United Provinces District Boards Act, 1922 (U. P. Act X of 1922) or the Uttar Pradesh Antarim Zila Parishad Act, 1958 (U. P. Act XXII of 1958) or any other law in force in any local area immediately before the appointed date shall, in so far as it is not inconsistent with the provisions of this Act, continue in force until it is superseded by any appointment, delegation, notification, notice, tax, order, direction, scheme, licence, permission, registration, rule, bye-law, regulation or form made, issued, imposed or granted under this Act or any other law as aforesaid, as the case may be : (b) all budget estimate, assessments, valuations, measurements and divisions made under the United Provinces District Boards Act, 1922 (U. P. Act X of 1922) or the Uttar Pradesh Antarim Zila Parishad Act, 1958, before the appointed date shall, in so far as they are consistent with the provisions of this Act, be deemed to have been made under this Act." He has also invited our attention to Annexure 1 to the counter affidavit filed on behalf of the Zila Parishad (vide affidavit of S. N. Gupta, Engineer, Zila Parishad, Jaunpur) which is a copy of the bye laws framed by the District Board, Jaunpur under the District Boards Act. Clause (c) of the said bye laws provides that no person shall without previous permission in writing of the Collector or the Secretary of the Board according as the property belongs to the Crown or to Board build upon, erect any structure or do anything upon or occupy in any manner, any road or pattri, etc. situate in the District Board area. Clause (3) of the said bye-laws authorises the Board to direct removal of such encroachments if the person contravening the bye-laws, does not do so himself within 7 days from the date of service of notice issued by the Board asking that person to remove the constructions himself. The bye-laws have not been repealed.
(3.) THESE bye-laws are in our opinion not inconsistent with any provisions of the Act or the bye-laws framed under the Act. They are hence clearly saved under Section 270 of the Act. Under the provisions of the bye-laws the Zila Parishad was fully competent to take the impugned action. Learned counsel for the petitioner, however, submitted that Section 274 of the District Boards Act has been repealed, with the repeal of the District Boards Act, the bye-laws framed by the District Board, Jaunpur also stood repealed by implication in as much as while enacting the U. P. Kshettra Samitis and Zila Parishad Act, 1961 and making provisions for removal of unauthorised constructions under Section 196 thereof, the power to direct removal was limited only to public drains or culverts or water work only. It was not extended to roads or pattris. That being so, it was urged, that the said bye laws must be treated as being inconsistent with the provisions of the Kshettra Samitis and Zila Parishad Act. We are unable to agree with above submission. The mere absence of reference to roads or pattris in Section 196 does not by itself indicate that the legislative intent was that Zila Parishad should not have the power to direct removal of constructions over' roads or pattris maintained by it even if that power available under the existing bye laws framed under the District Board Act.;