- 1 - appln 5102 of 2010 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.5102 OF 2010 The State of Maharashtra ..Applicant -Versus- Manohar Davane ..Respondent .......... Mr. S. A. Shaikh, APP for the State Mr. R. S. Ghatge, i/b Mr. Appasaheb S. Desai, for the respondent No.1. .......... CORAM : R. C. CHAVAN, J. DATE : 27th JUNE 2011. P.C. 1. This is an application for leave to file appeal against acquittal of the respondent ordered by the learned Metropolitan Magistrate, 39th Court Ville Parle, Mumbai, for the offences punishable under Sections 52 read with 43 of Maharashtra Regional & Town Planning Act, 1966. The learned Magistrate, among the other things, held that the prosecution has not tendered a map to show that the construction in question was on plot No. 'C' in land CTS 1588 and the certified copy of map - 2 - appln 5102 of 2010 which was relied on by the applicant was not having evidentiary value. The learned Magistrate also held that the respondent had been paying the Municipal Taxes since 1961-62. The learned APP may be right in submitting that payment of municipal taxes from 1961-62 on its own cannot be enough to show that the construction in question was carried with due permission from the authorities under MRTP. However, in absence of any evidence to show the exact location of offending structure, it cannot be said that the learned Magistrate erred in acquitting respondent. Leave refused. Appeal dismissed. ( R. C. CHAVAN, J.)