SHILLONG MUNICIPAL BOARD Vs. BHAGIRATH YADAV

JUDGEMENT

(1.) This is an appeal from an order of acquittal of the Chief Judicial Magistrate Shillong in CR Case No. 396(S) of 1979.

(2.) Facts of the case, in brief, are thus. On 13-8-79, the Chief Executive Officer of the Shillong Municipal Board made a complaint to the Chief Judicial Magistrate Shillong stating that the accused Shri Bhagirath Yadav, the proprietor of Yadav Mistanna Bhandar at Shillong Bara Bazar, has made an extension of 12ft x 4ft in area to the ground floor without obtaining permission from the Municipal Board. The notice under S. 177(1) of the Meghalaya Municipality Act, for short the Act', had been served on the accused directing him to demolish the unauthorised construction, but he failed to do so. The Chief Judicial Magistrate acquitted the accused of the charge, without entering into the merits of the case, on the ground that the prosecution was instituted without the order or consent of the Board as is provided under S. 324 of the Act. Hence this appeal.

(3.) Mrs. B. Dutta, the learned counsel for the appellant has contended that order or consent of the Board was not required in such a case where the Shillong Municipal Board was dissolved by the order of the State Government of Maghalaya under S. 298 or the Act and the Chief Executive Officer was functioning and discharging the powers and duties of the Board.