ORDER

Allsop, J. - The learned Additional Sessions Judge at Muzaffarnagar has made a reference that a sentence of fine passed under the Municipalities Act for breach of a bye-law should be set aside. The bye-law is to the following effect:

No person shall build, keep a stall or otherwise interfere with or encroach upon any land which is the property of His Majesty or of the Board, or which is under the control of the Board, unless permission to this effect has been duly granted by order on behalf of His Majesty or the Board, and no person shall continue to do so after such permission has ceased to be in force or has been withdrawn.

2. The fact is that the accused person Sohan Lal had constructed certain projections (chajjas and todas) over some land which was claimed by the Municipal Board as being part, of a public street. It is admitted that this land was the property of a private owner Bishambhar Das. At one time the Municipality made an attempt to buy this land and afterwards to acquire it under the Land Acquisition Act, but they did not succeed in entering into a private treaty with the owner and they withdrew the proceedings under the Land Acquisition Act. The Municipality, howe