MUNICIPAL BOARD, SULTANPUR Vs. ABDUL MAJID ALIAS BANNO

JUDGEMENT

(1.) THESE are two appeals arising out of judgments dated 27 -12 -1966 passed by the Sub divisional Magistrate, Sadar, Sultanpur, acquitting the Respondent; Abdul Majid of a charge Under Section 185 of the UP Municipalities Act. These two appeals have been filed by the Municipal Board, Sultanpur, challenging the order of acquittal passed against the Respondent. As the two appeals raise a common question of law they may be disposed of conveniently by one judgment.

(2.) THE facts briefly are that Abdul Majid has two shops, one of which lies in Mohalla Parkinsganj, on Sultanpur Road and another shop lies in Mohalla Civil Lines in the town of Sultanpur. In June, 1966 he put up shelters made of reeds or Sirki in front of these two shops without obtaining permission of the Municipal Board for doing so and without serving upon them a notice before putting up these shelters as required by the bye laws. According to the prosecution he had thereby incurred liability for prosecution Under Section 185 of the UP Municipalities Act. The Magistrate having come to the opinion that the shelters which were described in the complaints as Chhappars were temporary in character as they could hardly be treated as a material alteration to the shops and held that they were not covered 1 by Section 185 of the UP Municipalities Act. The sole question which arises in these appeals is whether the shed or Chhappart whatever the projection of Sirki which had been placed by Abdul Majid may be called amounted to a building or not so as to attract the provision contained in Section 185 of the UP Municipalities Act. 'Building' has been defined in Section 2(2) of the UP Municipalities Act as follows: