STATE OF BOMBAY Vs. PANDURANG VINAYAK

JUDGEMENT

(1.) The respondents were charged with having committed an offence punishable under S. 9 (2) read with S. 4, Bombay Building (Control on Erection) Act, 1948 for commencing the work of erection of a cinema theatre without obtaining the necessary permission from the controller of buildings, Bombay. The Sub divisional Magistrate, Ratnagiri, held that the Act not having been validly extended to Ratnagiri, no permission of the controller of buildings was necessary for the construction. He accordingly acquitted them. On appeal by the State Government, the order of acquittal was maintained by the High Court. This appeal is before us by special leave from the concurrent orders of acquittal.

(2.) Special leave was granted on the Attorney-General of India undertaking on behalf of the State Government of Bombay that whatever the decision of the Court might be, no proceedings will be taken against the respondents in respect of the subject-matter under appeal. At the hearing of the appeal it was made plain by the learned Attorney- General that no adverse consequences will flow to the respondents or to their building being completed, by the acquittal order being pronounced as bad, and that the State Government will not in any way interfere with the respondents when they take steps to complete the building, the construction of which was commenced without the permission of the Controller, The State "Government merely wants to have the question of law decided as a test case because the decision of the High Court, if left unchallenged, would have far-reaching effects.

(3.) The facts giving rise to the prosecution of the respondents, shortly stated, are these: There was in force in the State of Bombay an Ordinance, Bombay Building (Control on Erection) Ordinance, 1948. It was applicable to certain areas specified in the schedule. The district of Ratnagiri was not one of the areas therein specified. Sub-section (4) of S. 1 of the Ordinance empowered the Provincial Government by notification in the official gazette to extend to any other area specified in such notification its provisions. It further empowered the Provincial Government to direct that it shall apply only in respect of buildings intended to be used for such purpose as may be specified in the notification. On l5-1-1948 the Government of Bombay issued the following notification :