M.N. Shukla, J. - (1.) THIS criminal revision raises a question of law of outstanding importance inasmuch as it challenges the validity of a prosecution commenced under the UP Roadside Land Control Act, 1945, (hereinafter called the Act) on the ground that the said Act had ceased to be in force at the time when it was enacted by the UP Legislature in the year 1945. Before dealing with that question, however, a number of other points on which the Applicants impugn their conviction and sentence for the offence Under Section 13 of the Act may be disposed of.
(2.) THE prosecution case in brief was that the Applicants had made illegal constructions on 'controlled' land along the Meerut Baghpat Road in Mile 16 furlongs 1 and 2 on the left side of village Daluhera without the permission of the Collector. The Applicants denied the making of such constructions within the aforesaid limits and stated that they had been wrongly prosecuted. I have heard the learned Counsel for the parties in the case and have been taken through the relevant evidence also.
(3.) THE first point which was urged on behalf of the Applicants was that this particular village was not named in the Gazette notification and consequently the disputed land could not be deemed to be a part of the 'controlled' area so as to attribute to the Applicants the offence alleged to have been committed by them. Section 3 of the Act in so far as it is relevant is quoted below: Declaration of controlled area. - -(1) The State Government may, by notification in the official Gazette, declare any land within a distance of four hundred and forty yards from the centre line of any Road to be a controlled area for the purpose of this Act: (Provided that in the case of a national highway, the highway itself shall not be deemed to be controlled area). (2) Not less than three months before making a declaration Under Section (1) the State Government shall cause to be published in the Official Gazette and in at least two newspapers printed in a language other than English a notification stating that they propose to make such a declaration and specifying therein the boundaries of the land in respect of which the declaration is proposed to be made and copies of every such notification or of the substance thereof shall be published by the Collector in such manner as he thinks fit at his office and at such other places as he considers necessary within the said boundaries. (3) Any person interested in any land included within the said boundaries may, at any time before the expiration of thirty days from the last date on which a copy of such notification is published by the Collector, object to the making of the declaration or to the inclusion of his land or any part of it within the said boundaries.;