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PETITIONER: NANI GOPAL BISWAS
Vs.
RESPONDENT: THE MUNICIPALITY OF HOWRAH
DATE OF JUDGMENT: 29/10/1957
BENCH: SINHA, BHUVNESHWAR P. BENCH: SINHA, BHUVNESHWAR P. BOSE, VIVIAN
CITATION: 1958 AIR 141 1958 SCR 774
ACT: Municipal Law--Encroachment caused by compound wall--Structure not part of main building-Notice to remove encroachment headed by wrong Provision of the Municipal Act- Conviction under different section-Legality-Calcutta Municipal Act, 1923 (Bengal III Of 1923), SS. 299,,300, 488(1)(c).
HEADNOTE: The appellant was convicted by the Municipal Magistrate under s. 488, read with s. 299, of the Calcutta Municipal Act, 1923, and sentenced to pay a fine of Rs. 75, for failure to carry out within the specified time the terms of a notice served on him under S. 299 of the Act to remove the encroachment caused by a compound wall upon the road-side land of the Municipality. Since the offending structure was a compound wall and not something which was part and parcel of the main building, the offence comes under s. 300 and not s. 299, read with s. 488 Of the Act. The High Court, in revision, found that the accused was fully aware of the nature of the accusation against him and that there was no prejudice...