BHRAHAT NAGAR PALIKA PARISHAD RATLAM Vs. ABDUL REHMAN SHAH

JUDGEMENT

(1.) THIS is an appeal on leave from the acquittal by the learned Additional District Magistrate of the respondent under section 112 (7) of the M. B. Municipalities Act, 1954 for the alleged making on the wall of his house an external alteration by opening a door without permission of the Municipality. The learned Magistrate has acquitted the respondent on the ground that the opening of the door is not an external alteration and that simply because the Panchas of a Masjid have their own differences with the respondent in regard to the land on which the door opens, the municipality cannot take action under section 112 of the Act.

(2.) THE entire controversy centres round whether the opening of a door in a wall that gives out on land other than public land is an external alteration, and secondly, whether that section can be invoked by the municipality where there is a claim by another private individual and not by itself to the land on which such door opens.

(3.) THE result is that the appeal is found to be without substance and is dismissed. Appeal dismissed.