MATHUBHAI M SHAH Vs. EMPEROR

JUDGEMENT

(1.) The accused was charged with an offence under Section 93 (5) of the Bombay District Municipal Act, III of 190(sic). The Complaint, Mr. Shinde, the Secretary of the Ghatkoper Kirol Municipality, alleged that the accused had commenced creating a number of temporary huts on Survey So. 31 of Ghatkoper village, situate within the limits of the Ghatkoper Kirol Municipality without having obtained permission from the Municipality under Clause (1) of Section 9(sic) and thus had committed an offence punishable under Section 96 (5) of the Act.

(2.) The Magistrate came to the conclusion that no offence had been committed under Section 96 (5), but on the fasts ha dealt wish the case asif the Municipality had given notice to the accused under Section 97, and that the accused not having obeyed the requisitions of the Municipality had committed an offence under Section 155 of the Act and fined him Rs. 50, or in default simple imprisonment for one month.

(3.) On the 18 January 1921 the accused wrote to the Municipality that he was a registered occupant of several pieties of land at Ghatkoper, and as such had applied for permission to the Salsatte Development Officer to appropriate the said lands to building purposes, and for the purpose of giving facility to the workmen and servants employed by him for developing the land and making roads and plots and for creating buildings he had temporary creating sheds and shops, which, would be removed after the buildings were exec(sic)ed