EMPEROR Vs. MATUBHAI MSHAH

JUDGEMENT

(1.) The accused was charged with an offence under Section 96(5) of the Bombay District Municipal Act III of 1901. The complainant, Mr. Shinde, the Secretary of the Ghatkoper Kirol Municipality, alleged that the accused had commenced erecting a number of temporary huts on Survey No. 31 of Ghatkoper village situate within the limits of the Ghat koper Kirol Municipality without having obtained permission from the Municipality under Clause (1) of Section 96 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 facts he dealt with the case as if 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 pieces of land at Ghatkoper, and as such had applied for permission to the Salsette 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 erecting buildings, he had commenced erecting temporary sheds and shops, which would be removed after the buildings were erected.