Nagendra Nath vs Sm. Ratna Prabha Das on 5 March, 1970
In the case Ram Kumar v. Bhatpara Municipality , it was held that the order of removal of unauthorised structure provided in Section 330 of the Act is quite a distinct order from a prosecution contemplated by Sections 330, 500 and 501. The High Court observed further that the Act makes in Section 330 a clear distinction between an application male to the Magistrate for an order of removal and a prosecution which may take place respecting the same matter. X respectfully agree with the proposition enunciated by the Calcutta High Court as it clearly flows from plain reading of the relevant sections of the Act.