EMPEROR Vs. THAKORDAS MOTIRAM

JUDGEMENT

(1.) On June 28, 1923, a complaint was filed before the Honorary Special Bench Magistrates, Bander, by the Town Daroga of the Rander Municipality against two persons, Thakordaa Motiramand Jamnadas Narandas.

(2.) The complaint stated that the house of accused No. 1 was situated at Tika 3, Survey No. 57A. in the Parekh Moholla, Permission had been given to him to build the house on February 8, 1923, and the Rajachithi had been taken on his behalf by accused No. 2 It was mentioned in the Rajachithi that the house was to be built after leaving open the land within the alignment. In spite of that, building within the alignment was commenced on March 4. Notice was sent to stop the work on March 7, but the building continued. On May 7, the Managing Committee passed a resolution ordering the complainant to institute criminal proceedings. The complaint was accordingly made under Section 96 of the Bombay District Municipal Act, and also under Section 153 as the accused refused to comply with the order in the notice sent to them.

(3.) The Magistrates by a majority acquitted the accused. They considered that the Rajachithi given by the Municipality was not in accordance with law, because the Municipality had no authority under Section 96 of the Act to take land, and could not pacs orders to relinquish land. It had powers under Section 92 to order relinquishment, and under Section 91A to take steps, but in spite of that the Municipality had not exercised the provisions of those sections.