MUSAMMAT MUNNO DEVI Vs. MUNICIPAL BOARD

JUDGEMENT

(1.) This is a Reference by the Sessions Judge of Agra recommending that the convictions of Musammat Muimo Devi, a school teacher, under Secs.185 and 307 of the Municipalities Act (Local Act II of 1916 as amended by Act II of 1919) and the sentences of fine of Rs. 10 on each count be set aside.

(2.) The facts are not in dispute. The lady applied to the Municipal Board on the 29 of July 1924 for permission to re-build certain parts of her house, but in her application she did not clearly specify the extent, of the proposed building. On the 30 of July the Municipal draftsman prepared a map showing the western side of the building only. Acting probably on the approval of the Ward Member she began to build in anticipation of sanction. On the 25 of August she applied for the preparation of a new plan including both the western and eastern sides. The Board ordered a new plan to be prepared and the applicant to deposit the necessary fees. On the 2 September, before any final orders had been passed on her application the Board served a notice on her to remove the building already constructed. Later on, namely, on the 6 of September the Board sanctioned permission to build the western half of the building, She stopped going any further with. the prostration and applied to the Board stating that she had constructed the building in anticipation of sanction because her house Was cracked and was in danger of falling down if she did not repair it. On the. 19 of September she was prosecuted for building without permission and also for failing to comply with the orders of the Boards.

(3.) The learned Magistrate came to the conclusion that she did begin to construct parts of the, building before leave was granted to her. He also found that the leave was confined to the construction on, the western side only and that no order on her application to build on the eastern side had yet been finally passed. Her application for such a permission is still pending. As to the construction on the eastern side the learned Magistrate on inspection has found that the old chajja projecting on this side has been enlarged and now extends as far as her chabutra. The evidence of the Chief Sanitary. Inspector was to the effect that a verandah and a latrine were being built in August and that the said latrine, was in the balcony. He further stated that the balcony was covered with tin. In this he was supported by another witness who occupies an adjacent house. On the day when the Magistrate inspected the locality he however did not notice any tin covering. The construction had apparently been partially removed though perhaps not completely.