EXECUTIVE OFFICER BERHAMPUR Vs. RAJENDRA ROUTO

JUDGEMENT

(1.) Order of acquittal passed by the learned Judicial Magistrate, Second Class, Berhampur (in short,JMSC') while dealing with a complaint alleging contravention of provisions contained in Sections 264 and 266 of the Orissa Municipal Act, 1950 (in short, the 'Act') is the subject -matter of challenge. Decide d on 19th June, 1995.

(2.) THE Executive Officer acting on behalf of the Berhampur Municipality (described hereinafter as 'complainant') is the appellant in this appeal. He lodged the complaint alleging that Rajendra Routo (hereinafter referred to as the 'accused') had undertaken construction without requisite permission. It was indicated that the accused had submitted his building plan on 3 -6 -1983, but the same was returened to him for rectification of defects on 29 -6 -1983. On 10 -11 -1983. and thereafter it was noticed that he had constructed R. C. C. roofed building in Aska Road Street of Ward No. 15 within Berhampur Municipal areas, without requisite permission.

(3.) TWO witnesses were examined to further the prosecution case while the accused declined to. examine any witness. PVV 1 was the Town Surveyor, and PW 2 was the Amin. The learned JMSC held that though submission of building plan was accepted, there was no material on record to show that the letter dated 29 -6 -1988 claimed to have been sent by the Municipality to the accused for rectification of defects was actually served on the accused. Placing reliance on the provisions of Sub -section (2) of Section 268 of the Act. it was held that there was deemed grant of permission and. therefore, there was no contravention as alleged.