2013 CRI. L. J. (NOC) 311 (BOM.) ::2013 (3) ABR 503 ::(2013) 2 BomCR(Cri) 786 ::(2013) 2 Mh LJ (Cri) 211 ::2013 AllMR(CRI) 1753

Bombay High Court

Hon'ble Judge(s): A. M. Thipsay , J

(A) Criminal P. C. (2 of 1974) S. 468 — Maharashtra Regional and Town Planning Act (37 of 1966), S 53 (7) — Unauthorised construction — Non-compliance of notice — Consequential prosecution — Period of limitation — Though notice requires owner of unauthorized construction to remove unauthorized construction within specified period, obligation to remove unauthorized construction continues even after expiry of period stipulated in notice — Planning authority even after issuance of notice is bound to consider any subsequent proposal of owner for regularization of work in question — Period for removal of unauthorized construction by owner has not laid down in statute — Obligation to remove unauthorized construction continue after period stipulated in notice — Offence under S 53(7) is continuing offence — Prosecution cannot be said to be barred in limitation AIR 1984 SC 1688, Followed {" In the instant case the question as to whether the offence punishable under Section 53(7) if the M.R.T.P. Act is a ' œcontinuing offence' ‌ or not, is to be considered. The offence consists of failure to comply with the notice given under sub-section (1) of the said Section, and in that sense, the offence would be complete as soon as the requisition mentioned in the notice under sub-section (1) has not been complied with. "} .....