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Judgment
Agarwala, J.—This is a reference by the Deputy Commissioner of Singhbhum recommending setting aside of the sentence of fine of Rs. 5 passed against Ram Ratan Sao and Seo Ratan Sao on a conviction under R. 2 (2) (a), Bihar and Orissa Highways Act, 1926. The conviction is based on a finding that there was an encroachment upon a roadside drain with in the Chaibasa Municipality, the encroachment consisting of a tinshed which extended about three feet beyond the drain.
The ground on which the learned Deputy Commissioner has recommended that the sentence and the conviction be set aside is that the alleged encroachment has been in existence for the last 40 or 50 years and therefore it is not an encroachment to which the Act applies. The Bihar and Orissa Highways Act was enacted in 1926 and I see no provision in that Act which applies to constructions which have been in existence for so long a period before the passing of the Act as is the case in the present instance.
I therefore accept the reference and set aside the conviction and sentence.