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M.K.CHAWLA, CHARANJIT TALWAR
Municipal Corporation of Delhi – Appellant
Versus
Silver Tone Radio Electrical Co. etc. – Respondent


JUDGMENT

Charanjit Talwar, J. - This judgment disposes of two criminal appeals filed by Municipal Corporation of Delhi. One of them is Crl Appeal No. 64/82 filed against M/s Silver Tone Radio Electrical Company through its partner Mr. Raghubir, Singh, The other appeal is filed against M/s S.K. Electric Company and its partner Mr. Raj Pal. The allegations of the Municipal Corporation of Delhi (for short 'the Corporation') are that the respondents in both the cases were carrying out unauthorised digging of earth for the purpose of constructing a basement in their shops. The premises number of the shop in first appeal (Cr. A. 64/82) is 1681/11 Bhagirath Place, Delhi and the premises in the other appeal (Cr.A. 7/82) is 1680/11. Bhagirath Place, Delhi.

2. The facts are that Mr. S.S. Sharma, a Junior Engineer of the Corporation, had visited the premises on 20th June, 1979 and found that the respondents were carrying out digging therein. He was of the view that the digging was being carried out for the purpose of constructing a basement. He prepared his reports and served notices on the respondents as required under section 332 of the Delhi Municipal Corporation Act (for short 'the Act').

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