JUDGMENT

D.D. Seth, J. - The facts of this case are that the Assistant Engineer, Public Works Department, Pauri Garhwal, filed a complaint against the applicant before the Sub-Divisional Magistrate, Pauri, Stating therein that the applicant had constructed a building "up to lintel level on mile No. 1, furlong No. 6 of the Fauri-Deoprayag road-in the controlled area without the permission of the Collector as required under Section 5 of the U. P. Roadside Land Control Act". A notice was issued to the applicant who contested the case on the ground that the notification relied upon by the prosecution alleged to have been issued under Section 3 of the U. P. Roadside Land Control Act was invalid because the proposed declaration of the controlled area had not been published in two non-English newspapers as required by sub-sec. (2) of Section 3 of that Act.

2. On behalf of the prosecution two witnesses were examined, namely R. M. Gulati, Assistant Engineer P.W.D. as P.W. 1 and P.D. Naithani, Overseer, as P.W. 2.

3. After going through the evidence on record the learned Magistrate believed the prosecution and convicted the applicant under Section 13 of the U.P. Roadside Land Control Act, 194