JUDGMENT

Walsh, J. - This case has been referred to the High Court by the Distrust Magistrate of Meerut. One Lala Kashmiri Lal, Agarwal Jaini, who has premises in the notified area of Baraut, was fined Rs. 15 by a Magistrate of the First class for failing to comply with a notice issued by the Committee of the notified area as the sanitary authority, requiring him to construct a cess-pool; and also Rs. 2 a day from a certain date in respect of future breaches. The latter part of the order, as has often been pointed out, is clearly illegal and mast be set aside. Future breaches must be dealt with somewhat differently, as I will point out presently. Magistrates who have to administer this rather troublesome and important Act would do well to study the provisions more closely than they seem to do. However, this part of the case raises no question of importance.

2. The main point on which the case has been referred to this Court is a question of importance to the general public and to sanitary authorities. It is unfortunate that in a matter of this kind they have not thought it necessary to be represented and I have to deal with it without any assistance; but I have come to a clear conclu