Criminal appeal against acquittal regarding unauthorised work under Mumbai Municipal Corporation Act. High Court allowed dismissal as cause of action did not survive execution of Bat Tribunal directions by Building Department.
The criminal appeal was disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
2023:BHC-AS:27096
1/2 902 apeal 1413.04.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
Criminal Appeal No. 1413 of 2004
Municipal Corporation of Greater ... Bombay Appellant v/s. Shri Harakchand Veesaria & anr. … Respondents
Ms Madhuri More for the appellant/MCGM. Mr A A Palkar, APP for the State.
CORAM : R.N.LADDHA, J.
DATE : 14 September 2023
P.C. :
Heard Ms Madhuri More, the learned counsel for the appellant Corporation and Mr A.A. Palkar learned APP for the respondentState.
2/2 902 apeal 1413.04.docx
a notice under Section 351 of Mumbai Municipal Corporation Act was issued to the unauthorised work carried out by the appellant at basement, Gala No.61, in the Indraprastha Shopping Centre, Borivali (West), Mumbai. Thereafter, in the year 2000 for non-compliance of provisions of notice under Section 351 punishable under Section 475A of Mumbai Municipal Corporation Act, a criminal complaint was lodged against respondents. However, the learned Magistrate acquitted the accused/respondent No.1 on 11 January 2002. She submitted that pursuant to the oral directions given by this Court in Criminal Application No.508/2012, a notice structure was again inspected by the concerned officer of the Building and Factory Department of Corporation on 23 June 2022 wherein it was found that the Executive Engineer (Building Proposal) approved the basement plan of the accused/respondent No.1. Therefore, the cause of action in the present appeal does not survive.
R.N. LADDHA, J.
Lata Panjwani, P.S.
1 issue framed by the court
Whether the cause of action survives after the executive engineer approved the basement plan pursuant to oral directions of a prior writ.
Municipal Corporation of Greater Bombay
Shri Harakchand Veesaria
R.N. Laddha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court