LAWS(ALL)-1951-8-19

MANI RAM Vs. STATE

Decided On August 28, 1951
MANI RAM Appellant
V/S
STATE THROUGH THE NOTIFIED AREA Respondents

JUDGEMENT

(1.) The question

(2.) The Municipalities Act was enacted in 1916, Section 178 of it requires that a person wishing to make certain constructions within the limits of a municipality must give notice of his intention to the Board. Section 180, as it stood in 1916, provided that the Board might refuse to sanction the work of which notice had been given or sanction it absolutely or subject to conditions and that if the Board neglected within a month of the receipt of the notice to pass any order on the intimation, the person might remind it and if it still neglected or omitted for a further period of fifteen days, it would be deemed to have sanctioned the work absolutely.

(3.) Section 185, as originally enacted, provided for the punishment of a person beginning a work without giving the notice required by Section 178, or in contravention of an order of the Board refusing sanction, or any written directions made by it. Section 337 allows the Government by Notification to declare any local area as a Notified Area and apply to it the provisions of any sections of the Act subject to sucb restrictiona and modifications as it may think fit.