JUGGAN Vs. EMPEROR

JUDGEMENT

(1.) This is a reference under Section 438 of the Criminal Procedure Code by the District Magistrate of Meerut. It appears that while Baraut was a notified area, Juggan accused applied to the Notified Area Committee for permission to build a wall. On the 9 of January 1921 the Committee by a resolution ordered that a space of 9 1/2 feet should be left between the wall and an adjoining drain. On objections having been raised by the accused and a report having been sailed for, the Committee by a second resolution, dated the 16 February 1921, modified its previous order and reduced the width of the open space from 9 1/2 feet to 5 feet. The accused, however, built the wall without leaving the required space of 5 feet. The Notified Area Committee accordingly on the 26 of March 1921 issued a notice to him to remove the wall within fifteen days. After this, the notified area was converted into a Municipality with effect from the 1 of April 1921. The accused replied to the notice, saying that the land was his own and intimated that he Would institute a suit in a Civil Court. On the 15 of April 1921 the Tahsildar, purporting to act under Section 333 of the Municipalities Act, II of 1916, as the officer in charge, Municipal work, sanctioned prosecution under Section 185 of the Municipalities Act.

(2.) The learned Magistrate did not accept the Committee's case that a public right of way existed over the land which was to be left open on the other hand, he found that the land did not belong to the Committee at all, but was the private property of the accused and, in fact, considered that the order of the Committee was not justifiable. He, however, convicted the accused as, in his opinion, he had contravened the order of the Committee, and sentenced him to pay a fire of Re. 20.

(3.) On the 15 of April 1921 the Notified Area Committee had ceased to exist and the Municipality had some into existence, but there is nothing on the record to show that this was so.