1 CWP-254.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE  CRIMINAL CRIMINAL WRIT PETITION NO.254 OF 2011 A.M. Naik .... Petitioner Vs. State of Maharashtra & Anr. .... Respondents S/Shri Shirish Gupte, Senior Counsel with Faisal Sayyed and Mayur Bhojwani i/b M/s. M.K. Ambalal & Co. for the Petitioner. Ms P.P. Bhosale, APP, for the State. Ms Seema Rawade for Respondent No.2- BMC. CORAM: R.C. CHAVAN, J. DATED: FEBRUARY 21, 2011 P.C: Heard the learned counsel for the parties. This petition is directed against the proceedings before the learned Metropolitan Magistrate, 19 th Court, Esplanade, Mumbai for the offence under Section 471 of the Mumbai Municipal Corporation Act, 1888, initiated against the petitioner, who is the Chairman and Managing Director of Larsen & Toubro Limited. 2 CWP-254.11 Larsen & Toubro Limited is an engineering company which had been awarded a contract for repairs of Wankhede Stadium, owned by the Mumbai Cricket Association. According to the petitioner, construction activities are looked after by a team of engineers functioning under Shri Madhav Deshpande, who is the Project Manager. The complaint was that, the activities of the company resulted in nuisance since the excavated earth from the dumpers spilled on carriage way and water table of D Road which caused insanitation and filthy atmosphere in the surrounding area. After issuing a notice under Section 381 of the MMC Act, which was replied by the officers of Larsen & Toubro Limited, this prosecution has been launched. The company has specifically stated in the reply dated 21-10-2010 that they are regularly cleaning the road which is accessible from their construction site. The learned counsel for the petitioner states that the petitioner is the Chairman and Managing Director of the company. He has instructed all concerned with the project to ensure that the road is kept clean. There can be no question of the Chairman and Managing Director of the company, which has merely taken the contract, being held personally responsible for creating nuisance 3 CWP-254.11 since he is neither the officer who is executing the project nor the principals for whom the contract has been taken by the company. Therefore, the prosecution against the petitioner is thoroughly unwarranted. Therefore the proceedings in Case No.3002/MD/2010, pending before the learned Metropolitan Magistrate, 19 th Court, Esplanade, Mumbai, are quashed. (R.C. CHAVAN, J.)