NAGAR PALIKA Vs. MAHADEO PRASAD SHUKLA

JUDGEMENT

(1.) THE Nagar Palika, Chitrakut Dham Karvi has filed this appeal against the order dated 27-3-1976 passed by the Judicial Magistrate, Karwi, in Criminal Case No. 131/75 dropping the proceedings under Section 307 (b) of the U. P. Municipalities Act against Mahadeo Prasad respondent.

(2.) ADMITTEDLY Mahadeo Prasad respondent had made certain unauthorised constructions on the Nagar Palika land on or about 10-12-1972. He was served with a notice under section 186 of the U. P. Municipalities Act to remove those constructions but he did not do so. A. complaint under Sections 185/211/307 of the Municipalities Act was filed against him on 19-2-1974. The Tahsildar Magistrate convicted him and sentenced him to a fine of Rs. 250/- and directed him to remove the constructions forthwith failing which imposed a fine of Rs. 25/- per day till the order was complied with. The respondent filed an appeal before the learned Sessions Judge who by his order dated 8-5-1974 maintained the conviction and fine of Rs. 250/- but set aside the order oi' demolition and fine for continuing breach. As regards demolition he observed : "The order of the Tahsildar Magistrate directing the appellant to remove the construction in this very order and judgment is illegal. It was the work of the Nagar Palika and not that of the Magistrate-------under these circumstances the learned Tahsildar Magistrate was not justified in ordering the appellant to remove the new construction.''

(3.) THEREAFTER the complaint came up for hearing and it was held to be not maintainable. Firstly, that in the absence of compliance of Section 307 (a) proceedings under Section 307 (b) could not be initiated. Secondly that the complaint was vague inasmuch as it did not disclose from which date the damages for continuing breach were claimed. The proceedings were accordingly dropped and the Nagar Palika has now come up in appeal to this Court.