- (1.)THIS is an appeal by the Government or the State of Bombay against the acquittal of the respondent in respect of an Offence under Rule 10 (e) of Chapter XII of the Bombay Provincial Municipal Corporations Act, 1949.
(2.)THE prosecution case was that permission was given to the respondent in the present case to construct a godown in his land. Revision Survey No. 361 of the City of Ahmedabad. This permission was granted to him on 26-11-1946, on the express condition not to use the premises as a factory. It appears that he wanted to revise the plans of the godown. So on 17-3-1947, again permission was given to him to use the premises, which he had already constructed as a godown, for storage of materials, but again subject to a condition not to use them as a factory. Subsequently it was found that the respondent had installed machinery in the godown for the purpose of running a factory, and the Municipality has, since that discovery, been attempting to get the factory removed without any success. Ultimately a notice was given to the respondent to remove the factory, but he failed to do so, when he was prosecuted.
(3.)NOW, the offence in this case was alleged in the complaint, which was filed by the Jilla Inspector of the City of Ahmedabad, to have been committed on 22-5-1951. It is not in dispute that the respondent was using the building, which he had constructed, for the purpose of a factory on that date, and the only one of the defences taken in the lower Court which survives in this appeal is whether the respondent contravened Rule 10 (e) of the rules made under the Bombay Provincial Municipal Corporations Act, 1949.