Municipal land occupation without permission, continuing offence, and valid complaint authority sustained conviction under municipal law.
Occupation of municipal land by a khokha without proved permission from the Municipal Board was treated as a breach of the relevant bye-law, and receipts unrelated to the disputed structure did not establish lawful authority; the conviction under the municipal law was therefore restored. The bar of double jeopardy under Article 20 and Section 403 CrPC did not apply because there was no proof of prior prosecution for the same offence on the same facts, and the offence was characterised as continuing, permitting later proceedings for a different period. The complaint was also held competent, as the Executive Officer was empowered under the Municipalities Act to institute prosecutions and make complaints.
Issues: Whether the respondent had occupied the khokha on municipal land without permission and in violation of the municipal bye-law; whether the bar of double jeopardy under Article 20 of the Constitution of India and Section 403 of the Code of Criminal Procedure, 1898 applied; and whether the complaint was incompetent for want of proper authorization.
Issue: Whether the respondent had occupied the khokha on municipal land without permission and in violation of the municipal bye-law.
Analysis: The evidence showed that the khokha stood on the patri of the municipal road and that the respondent had not proved any permission from the Municipal Board. The receipts relied upon were not connected to the disputed structure or to the respondent's occupation, and even a prior arrangement in favour of another person could not justify the respondent's occupation without the Board's permission. The conduct fell within the prohibition in the relevant bye-law and attracted the penal provision.
Conclusion: The issue was decided against the respondent and in favour of the appellant.
Issue: Whether the bar of double jeopardy under Article 20 of the Constitution of India and Section 403 of the Code of Criminal Procedure, 1898 applied.
Analysis: There was no proof that the respondent had earlier been prosecuted and either convicted or acquitted for the same offence on the same facts. The offence was treated as a continuing offence, so a later prosecution for a different period was not barred merely because a similar case was said to be pending elsewhere.
Conclusion: The constitutional and statutory bar did not apply.
Issue: Whether the complaint was incompetent for want of proper authorization.
Analysis: The complaint was signed by the Executive Officer and the statutory scheme under the Municipalities Act empowered the Executive Officer to institute prosecutions and make complaints. The objection was therefore unsustainable.
Conclusion: The complaint was held to be competent.
Final Conclusion: The acquittal was set aside and the respondent's conviction under the municipal law was restored with a fine.
Ratio Decidendi: Occupation of municipal land without proved permission is punishable under the municipal bye-law and prior or collateral receipts unconnected with the disputed structure do not establish lawful authority; a later prosecution is not barred where the offence is continuing and the earlier case is not shown to be for the same offence on the same facts.
TaxTMI 
AI Drafter ✕
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