( 1 ) THE question

"when a person residing in an area to which provisions of Sections 180 and 185 Municipalities act, 1916, have been extended under Government Notification No. 72 MC/xi 70a dated 6-6-1917, gives notice to the Notified Area Committee of his intention to erect a building under section 178 of the Act, and commences to erect it before the committee passes an order contemplated by Section 180 (1) and (2), and without calling its attention to its omission or neglect to make it in accordance with Sub-section (8) of Section 180, is he liable to be prosecuted under Section 185 o the Act as amended by Section 15, United Provinces Act II [2] of 1919?"

referred to us has arisen in these circumstances : Mani Ram applicant, intending to make certain constructions within the limits of the Notified Area, Mahoba, intimated his intention to the notified Area Committee, as required under Section 178, Municipalities Act, on 27-1-1948, shortly after without waiting for any orders of the Committee and without reminding it of the intimation given by him, he started the constructions. The Committee thereupon prosecuted him under Section 185, Municipalities Act; he has been convict