JUDGMENT

S.D. Khare, J. - This appeal is directed against an order dated 12th September, 1967, passed by the learned Sessions Judge. Meerut, setting aside an order of conviction passed against Darshan Lal (respondent) u/s 13 (1) (b) of the U. P. Roadside Land Control Act (Act 10 of 1945) (hereinafter referred to as the Act).

2. The facts leading to this appeal are simple. In the year 1965 it was noticed that Darshan Lai had constructed a building close to Delhi-Mussoorie Road between miles 38 and 39. The Delhi Mussoorie Road had been duly notified under the provisions of the Act The construction made by the respondent was within controlled area declared u/s 3 of the Act. By an order dated 8th November. 1965. Darshan Lai was convicted and sentenced to pay a fine of Rs. 200/-, Darshan Lai, however, did not remove the unauthorised construction after his conviction. On being prosecuted again u/s 13 of the Act one year later, he took the plea that the building in question did not fall within the controlled area. That plea was negatived, because it had already been decided in an earlier case that the building was within the controlled area, as declared u/s 3 of the Act. On the assumption t