STATE OF GUJARAT Vs. MANGALDAS AMULAKHRAI

JUDGEMENT

(1.) These three appeals are against the orders passed by the learned Judicial Magistrate First Class 1 Court (Municipality) Ahmedabad whereby he acquitted the respondents in three cases filed against them under section 392 21) of the Bombay Provincial Municipal Corporation Act 1949.9 charge against the three accused was that they had failed to comply with the requisition made by the Municipal Corporation of Ahmedabad under sec. 223 of the Act requiring them to pave a private street bearing survey Nos. 2460 and 2465. These two survey numbers are jointly owned by the respondents and 14 others residing in that locality and admeasure 36 and 44 sq. yds. respectively. It seems that these two survey numbers form a private street and action was taken by the Municipal Corporation at the instance of the respondents. The points involved in all these three appeals are the same and relate to the same properties and they all arise in respect of the same notice under sec. 223 of the Act issued by the Municipal Corporation. It would be expedient therefore to dispose of all the three appeals by a common judgment.

(2.) It appears that three notices dated December 9 1959 were served upon the respondents requiring them and the other joint owners of the land to level the two survey numbers and pave them with stones which work would according to the Corporation cost a sum of about Rs. 674. It is an admitted position that the respondents and the other owners did not carry out the work as required by the notices and thereupon on September 7 1960 complaints were lodged inter alia against the respondents under sec. 392 (1) of the Act.

(3.) The question therefore is whether the respondents can be said to have failed to comply with the requisition lawfully made under sec. 223 of the Act Section 223 provides that if any private street or any other means of access to a building be not levelled metalled flagged or paved etc to the satisfaction of the Commissioner he may with the sanction the Standing Committee by a written notice require the owned or owners of the several premises fronting or adjoining the street or other means of access or abutting thereon or to which access is obtained through such street etc. to carry out any one or mode of the aforesaid requirements in such manner as he shall direct. The notice dated December 9 1959 was issued in pursuance of the powers conferred upon the Commissioner under this section. Section 392(1)(b) under which the instant complaints were filed provides that whoever fails to comply with any requisition lawfully made upon him under any of the said sections sub-sections or clauses shall be punished etc.