JUDGMENT 1. - No one has appeared on behalf of the appellant, Secretary UIT Jaipur even though the case was called twice today. However, I have gone through the record of the case with the assistance of Shri J. P. Goyal appeared on behalf of the respondent. 2. The prosecution case is based on the complaint which was filed against the respondent under section 81/91 of the Rajasthan Urban Improvement Trust Act, 1959 for making construction without permission of the Trust in an scheme area of the Trust. The charges were read over to the accused who denied his guilt and claimed to be tried. Three witnesses were produced on behalf of the complainant. 3. After hearing the arguments, the trial court has been pleased to acquit the accused on the ground that the area on which the construction has been made does not fall within the area for which the scheme has been framed by the Trust. 4. To challenge the finding of the trial court, along with memo of appeal, a copy of notification has been filed showing that the area of Gandhinagar is in scheme. However, I am persuaded to accept the contention of Shri Goyal that these Annexures 1 & 2 filed in the appeal firstly cannot be treated as evidence unless they form part of the notification published in the gazette or they are proved to be part of the Government record. Moreover, there is nothing to explain or show that the construction has been made by the accused Inderraj in Bapunagar on land which would form in this scheme. I am in agreement with the reasons given by the trial court. 5. Before parting with this judgment, I may mention that the Urban Improvement Trust is not represented by any counsel in this case and also a number or other cases which have come up before the court. It is surprising and shocking that after filing the appeals the Authorities concerned have not taken steps to ensure that some counsel is engaged who appears in the case, some officer-in-charge in the case comes to assist. 6. In the result, this appeal fails and is hereby dismissed. 7. A copy of this judgment may be sent to the Town Planning Secretary, Government of Rajasthan, Jaipur, for taking remedial action for future.Appeal dismissed. *******