P L D 1964 Azad J & K 18 (PLP)

(e) the line of frontage where the building abuts on a street ; (f ) the number and height of the storeys of which the building may consist; (g) the means to be provided for egress from the building in case of fire; (h) the materials and method of construction to be used for godown intended for the storage of food-grains in excess of fifty maunds, in order to render them rat‑proof ; (i) the minimum dimensions of rooms intended for use as living rooms or sleeping rooms; (j) the ventilation of rooms and the minimum dimension of door and window; (k) the position and dimensions of projections beyond the outer face of any external wall of a building; and (l) the height of factory chimneys and the provision to be made for consumption of smoke arising from the combustible used in any fire place or furnace in a factory. I have asked the Perokar of the Municipal Committee as to under which clause of section 190 the Municipal Committee has imposed the condition for the violation of which the accused has been tried. His reply is that his case falls under clause (a). Under this clause the Municipal Committee has the power to regulate the line of frontage where the building abuts on a street. I have seen the plan of the petitioner's house sanctioned by the Municipal Committee. The Public Street is towards the West while the condition has been imposed for leaving a path towards the East, so the action of the Municipal Committee cannot be said to regulate the line of frontage because this condition was not imposed for leaving a path towards the side where the public Street lies. There is no public street towards the East as the condition itself shows that a public street was desired to be created. The condition imposed by the Municipal Committee does not fall under any of the clauses of section

190. Then there is section 192, under which such a condition could have been 1 imposed. Section 192 is reproduced:‑ 192. (1) The Committee may, and if so required by the commissioner shall, within six months of the date of such requisition, draw up a building scheme for built areas and a town planning scheme for un-built areas, which may among other things provide for the following matters, namely:‑ (a) the restriction of the erection or re‑erection of buildings or any class of buildings in the whole or any part of the municipality and of the use to which they may be put; (b) the prescription of a building line on either side or both sides of any street existing or proposed ; and (c) the amount of land in such un-built area which shall be transferred to the Committee for public purposes including use as public street by owners of land either on payment of compensation or otherwise ; provided that the total amount so transferred shall not exceed 20 per cent., and the amount transferred without payment shall not exceed 10 per cent of any one owner's land within the unbuilt area. Subsection (1) provides that the Committee may draw up a building scheme for built areas and a town‑planning scheme for unbuilt areas which may amongst other things provide for the prescription of a building line on either side or both sides of any street existing or proposed. For a proposed street the building line can be regulated only if under section 192 the Municipal Committee has drawn up a building scheme or a planning scheme for built area or unbuilt area as the case may be. The Perokar has admitted before me that no such scheme has been drawn up or approved. He relies on section 190 only. When the attention of the Perokar was drawn towards the plan or the house sanctioned by the Municipal Committee he pointed out that they want the petitioner to leave 4 feet path towards the side where the gate opens into a compound and the gate is towards the North. The Municipal Committee do not seem to know their own mind they want the petitioner to leave 4 feet path towards the North but they impose a condition upon him to leave such a path towards the East. There is no public street either towards the North or towards the East. If the Municipal Committee want to provide a public street whether on the North or towards the East of the petitioner's house, they should acquire the land in due course of law. They have no authority to ask the owner of a proposed structure to leave a public street out of his own property. This can be done only when they draw up and get sanctioned the building scheme under section 192 which has not been done in the present case. The revision petition is, therefore, accepted and the order of the learned A. D. M. Muzaffarabad, dated 20‑9‑63 is set aside. Fine if paid shall be refunded. K. B. A. Petition accepted.