- (1.) CRIMINAL Cases numbered below have been started against the accused petitioners under Section 426 (B) of the Calcutta Municipal Act, 1951.
(2.) THE petitioners contend in all these cases that these cases are not maintainable in view of the non-compliance of the mandatory provisions of section 426 of the said Act. Section 426 in its entirety may be reproduced as below :- 426 : - Notwithstanding anything contained in section 424 when building operations are being carried on in any premises, or when any premises are used for carrying on any manufacture, trade or business, the Commissioner may, a) by written notice, direct the person responsible for such building operations or the occupier of the premises, as the case may be, to collect all rubbish and offensive matter accumulating on such premises in the course of such operations, manufacture, trade or business and to remove the same, at such times, in such courts or receptacles and by such routes as may be specified in the notice, to a public receptacle, depot or place provided or appointed under section 423, or b) after giving such person or occupier written notice of his intention to do so, himself cause all the rubbish and offensive matter to be removed, and charge the person or occupier for such removal such periodical fee as may be a specified in the notice. Provided that the requisition under clause (a) shall not be enforced by the Commissioner nor shall action be taken by him under clause (b) until such person or occupier has been given an opportunity of being heard within such time as may be specified in the written notice that is served on him.
(3.) IT is urged from the side of the petitioners that the action contemplated in the aforementioned section cannot be taken without serving the written notice contemplated in clause 'a' and 'b' and without affording the person concerned an opportunity of being heard as contemplated by the; provisions below Clauses W and 'b'. It is urged that notices have mot been served on the present petitioners and that nor they were afforded with any opportunity of being heard as required by the section, it is urged that in the circumstances stated the cases started against them in the court of the learned Municipal Magistrated can-not proceed and must be quashed.;