JUDGMENT

Collister, J. - This is a reference by the Sessions Judge of Saharanpur, which arises out of the applicant's conviction u/s 307, Municipalities Act (2 of 1916). The history of the events which led upto the applicant's prosecution under the aforesaid section makes sorry reading. The applicant is Dr. Brij Behari Lal and he owns a compound within the municipal limits of Saharanpur. On 1st December 1930 he applied for permission to erect a building consisting of 48 apartments; and apparently he began to collect materials or do something of that kind, for we find that on 12th February of that year the executive officer submitted a report the substance of which was that the applicant should be informed that the matter was under consideration and that he should not start building until he obtained sanction; and it was further mentioned that upon a report by the sanitary inspector the applicant had been served with a notice u/s 186 of the Act. Three days later the applicant sent a reply in the following terms :

I have ordered the contractors to stop construction for a period of 15 days. If no sanction is forthcoming, after that time the work will be resumed.

2. On 18th February 1931