STATE OF MAHARASHTRA Vs. PANDURANG VINAYAK CHAPHALKAR

JUDGEMENT

(1.) THIS is an appeal which has been filed by the State against 3 accused who were charged under Section 9 (2) real with Section 4, Bombay Building (Control on Erection) Act, 1948.

(2.) IT is not in dispute that accused 1 in this case had put up, without obtaining permission from the Controller of Buildings, Bombay, appointed under the provisions of the Act, a cinema theatre, that the cinema theatre had not been completed and that it was in the process of construction when it was noticed that the permission of the Controller was not obtained. Accused 1 along with two others were then prosecuted for a breach of Section 9 (s) read with Section 4, Bombay Building (Control on Erection) Act, 1948.

(3.) IT is not necessary to set out the various defences which were taken on behalf of the accused persons because the one upon which they must succeed is that there is really no notification extending the operation of the Bombay Building (Control on Erection) Act, 1948, to areas other than certain specified places which are mentioned in Section 15 of that Act.