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Adv. Amita A. Virkar (Advocate)     25 December 2009

MMC act-

hello,

My question is based on Mumbai Municipal corporation Act.

My client was the owner of one building..she received notice u/s 354 of MMC Act...she was carried out sturctural audit....but her tenant did not support her...she was prosecuted for the same...case was going on...she received second notice for the same cause of action and thereafter the 3 rd notice for the same...she was acquitted in the case...after that nothing happened..meanwhile she sold that building....after selling that building she received summons frm BMC..she is prosecuted on same offence on the basis of 2nd notice...

My Question is

1) can a person be prosecuted twice for the same offence after aquittal?

2)can BMC prosecuted her as landlady after selling that builing

(there stand is whn notice was issued to her at tht point of time she was the owner, but how she can tk steps of repairs or redevelopment at this stage and obey notice)

pls guide me....give ur opinions....thnxs in advance



 2 Replies


(Guest)

I had handled a similar case earlier. Client was acquitted earlier on technical ground because the prosecution was initiated by an incompetant authority.  Thereafter MMC had proceeded again after rectifying the technical lacuna.  The offence is a continuing offence and therefore MMC can initiate prosecution again. In the Muncipal records she may be continuing to be owner despite the sale and therefore the prosecutiion. So far as non co operation of the tenants the MMC act contains provision for such an eventuality.

Adv. Amita A. Virkar (Advocate)     25 December 2009

thnk u sir...after sale...same was informed to BMC...necessary changes were also tk palce...now she is not on municipal record...still they r prosecuting her...(in her earlier matter trail tkd place..on merit she was acquitted...there were no technical lacuna or smthing in tht case)


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