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1935 Supreme(All) 94

Baijnath Ram – Appellant
Versus
Emperor – Respondent


ORDER

1. This is an application in,, revision by one Baijnath Ram, a resident of Ghazipur, against his conviction by a Magistrate of two separate offences-under Sections 210 and 307, Municipalities Act, (Act 2 of 1916), which has been upheld by the Additional Sessions Judge of Ghazipur. He has been fined Rs. 10 for each offence. The prosecution of the appellant in this case was launched in, rather peculiar circumstances, from which it would appear that the Municipal authorities at Ghazipur did not fully realize their responsibilities in dealing with these civic affairs. The, applicant owned a double storeyed house-abutting on public road running through a market with a drain on each side. The house having been considerably damaged by the earthquake in January 1934, the applicant decided to pull it down and to retract a new one instead. Accordingly, on 15th February 1934, he gave a notice-to the Municipal Board u/s 178,. Municipalities Act, attaching thereto a. plan of the proposed building, as required by the Rules. It is admitted that the plan showed a balcony or projection, on the upper storey and a structure over the drain in the lower storey. The-Chairman of the Board, who recei

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