(1.) This appeal must succeed on a very short point. Apart from the question of the application of the Act or the Amended Act or Notification, it appears that no notification was produced before the court that the brick kiln put up by the appellant was on a land within the notified area of the municipality, so as to amount to an encroachment. Public Witness 1 who is the Municipal town Committee Overseer has not at all stated that this Brick Kiln fell in the notified area of the Municipality. On the other hand, the witness in cross- examination stated thus: