R.R. SARAF Vs. MUNICIPAL COUNCIL, KOTMA

JUDGEMENT

(1.) PETITIONER was fined in the sums of Rs. 500/ - and Rs. 250/ - under the two orders issued by the Administrator of the Notified Area Committee, Kotma (for short, the 'Committee') constituted under the Madhya Pradesh Municipalities Act, 1961, for short, the 'Act', for alleged illegal construction without sanction.

(2.) 1970 JLJ 811) in support of his contention that the power to impose fine for alleged illegal construction rests only in the Magistrate under section 313 (2) of the Act. The Administrator of the Committee had no power to impose any fine. The second ground urged is that the two orders passed by the Administrator which are on record as Annexure R/4 and R/5, do not show that any separate penalty at the rate of Rs. 10/ - per day was imposed. He submitted that in any case, the recovery of penalty at the rate of Rs. 10/ - per day is wholly without jurisdiction and is not supported by the impugned orders on record. Shri S.L. Saxena, learned counsel appears for the Committee and raises a preliminary objection that the present petition is barred by constructive res judicata as the points urged in the present petition could have been, but have not been urged in the earlier writ petition. The learned counsel Shri Saxena, appearing for the Municipal Council, however, concedes and could not dispute the fact that the recovery of Rs. 10/ - per day as penalty is not supported from any document on record.