LADURAM MANORMAL Vs. EMPEROR

JUDGEMENT

(1.) The complainant, who is the Sanitary Insp ector of the Municipality of Igatpuri, charged the accused with an offence under Section 155 of the Bombay District Municipal Act III of 1901, on the ground that the accused had disobeyed a notice from the Municipality inasmuch as he did not remove a cess-pool and took no notice of the Municipality's requirements.

(2.) Section 155, under which the charge is brought, provides that--"Whoever disobeys or fails to comply with any lawful direction given by any written notice issued by a Municipality under any power conferred by Chapter IX shall be punished in the manner provided by the section."

(3.) We have, therefore, to ascertain whether the accused has disobeyed or failed to comply with any lawful direction given by written notice. It is alleged that he has failed to comply with a written notice given under Section 107(2) of the Act which provides that the Municipality may by written notice demolish any cess-pool. It is alleged that the accused has a cess-pool which is disapproved of by the Municipality and that in consequence of their disapproval they sent him a notice stating that the cess-pool was a nuisance and that, therefore, within seven days from receipt of the notice the pipe and the drain of the cess-pool should be removed, and that, if no steps were taken as directed within the times aforesaid, steps would be taken according to law.