MOHAN LAL Vs. TOWN AREA COMMITTEE

JUDGEMENT

(1.) THIS is an application against the Orders of the courts below convicting the petitioner under Sections 45,47 and 57 of the Town Area Act. The petitioner has been sentenced to a fine of Rs. 15/- and in default of payment of fine lo a simple imprisonment for one week and the petitioner has also been ordered to remove the "khoka" within 10 days.

(2.) THE prosecution case was that the petitioner Mohan Lai had constructed a Khoka within the limits of Town Area Committee Baramulla without the requisite permission of the said Committee. Thereafter a complaint was filed by a Sanitary Inspector on the basis of which the petitioner was prosecuted and ultimately convicted.

(3.) BOTH the courts below have concurrently found as a fact that the petitioner had constructed a Khoka and that the petitioner was unable to produce any permission from the Committee for constructing the same.