K CHANDRA MAULIAH Vs. EMPEROR

JUDGEMENT

(1.) I think the lower Courts have erred in treating the question whether the erection is on a public road or not as immaterial. The notice was given under Section 98, as is expressly stated therein. That section only applies to obstructions and encroachments on any public road and under the definition of street, a public road only extends up to the boundaries of the adjacent property. I set aside the conviction and direct a re-trial.