KISHANLAL SINDHI Vs. EXECUTIVE OFFICER NOTIFIED AREA COUNCIL

JUDGEMENT

(1.) THIS Criminal Revision is directed against the appellate judgment maintaining the conviction of the petitioner under Section 385 -A of the Orissa Municipal Act, 1950 and the sentence of fine of Rs. 250/ - with a default sentence of simple imprisonment for six months and also a daily fine of Rs. 10/ -from 14 -3 -75 until removal of the unauthorised construction.

(2.) ACCUSATION against the petitioner was that he constructed a house in Padampur N. A. C. area without permission of the Notified Area Council and that despite issue of reminders by the Executive Officer of the Notified Area Council to stop the construction of the house he went on constructing the same.

(3.) BOTH the courts below concurrently held that the petitioner unauthorisedly constructed the house in violation of the provisions of Sections 263, 264 and 266 of the Orissa Municipal Act. The conviction under Section 385 -A and the sentences awarded by the trial court were confirmed on appeal.