GENERAL MANAGER INDIAN DRUGS AND PHARMACEUTICALS LTD Vs. EXECUTIVE OFFICER TOWN PANCHAYAT NANDAMBAKKAM MADRAS 89

JUDGEMENT

(1.) This petition is filed by the General Manager, Indian Drugs and Pharmaceuticals Limited, Nandambakkam, to quash the proceeding initiated by the Executive Officer, Town Panchayat, Nandambakkam in C.C.No.339 of 1982 on the file of the Judicial Second Class Magistrate I, Saidapet.

(2.) The facts of the case are briefly as follows: The petitioner company was allotted certain land of an extent of 200 acres on which the factory of the petitioner company is situate. The land of the petitioner was only fenced by barbed wire fence. But on account of persons trespassing inspite of the fence, the petitioner company seems to have decided to put up pucca compound wall and erected the same. The Executive Officer, Nandambakkam Town Panchayat was aggrieved by the petitioner erecting a wall and started prosecution under sections 56 and 57 of the Town and Country Planning Act and 82(1) of the Tamil Nadu Panchayats Act. The case of the petitioner is that both the charges are liable to be quashed on account of the fact that no offence is made out as contemplated under the provisions of Town and Country Planning Act and Tamil Nadu Panchayats Act. The first charge is one under sections 56 and 57 of Town and Country Planning Act. Sections 56 and 57 deal with power to require removal of and stop unauthorised developments respectively. We have to consider whether the construction of the compound wall amounts to development carried out on the premises. Development is defined under section 2(13) as follows: "Development means the carrying out of all or any of the works contemplated in a regional plan, master plan, detailed development plan or a new town development plan prepared under this Act and shall include the carrying out of building, engineering, mining or other operations in, or over or under land, or the making of any material change in the use of any building or land: Provided that for the purposes of this Act, the following operations or uses of land shall not be deemed to involve development of the land that is to say-

(3.) The second charge levied is the petitioner has unlawfully closed a drain constructed by the Panchayat which is an offence under section 82(1)(d) of Tamil Nadu Panchayats Act. Section 82(1)(d) runs thus: