ARORA TRADERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONERS are dealing in Sanitary Fittings including G. I. Pipes, S. W. Pipes etc. at Dhariwal, District Gurdaspur. The Municipal Committee, Dharipal used to impose a condition of taking licence on payment of fee in respect of running the trades which could be called as 'dangerous and Offensive Trades' within the meaning of Section 121 of the Punjab Municipal Act, 1911. The trade of Sanitary Fittings including G. I. Pipes, and R. C. Pipes etc. was also included, in the list of these trade, and an annual fee was imposed by an amendment introduced by the Municipal Committee, Dhariwal. The Regional Deputy Director, Local Government, Amritsar Region, Amritsar, issued a notification Annexure P-1 and thereby, accorded his approval to the aforesaid amendment in the list of schedule of trades Under Section 121 of the Punjab Municipal Act, 1991. Thus, from the date of publication in the official gazette, on 22. 4. 1980, the amendment was brought into force, and the petitioners were called upon to take the licence.

(2.) PAPERS further indicate that since one of the petitioners, Sushil Kumar, did not obtain the licence as per those provisions, he was prosecuted by filing a criminal case No. 8 of 1981. The Judicial magistrate, 1st Class, Gurdaspur, by judgment dated 10. 12. 1981 held Sushil Kumar guilty of the offence of failure to obtain a licence Under Section 121 (5) of the Punjab Municipal Act, and sentenced him to a fine of Rs. 40/ -.

(3.) ON behalf of the petitioners it has been submitted that even on a bare perusal of Section 121, it would be clear that it does not cover the trade of sale of Sanitary Fitting including pipes. It was contended that inclusion of that trade Under Section 121 of the Punjab Municipal Act, 1911 was totally unwarranted.