JUDGMENT : Ryves, J. Har Saran Das was convicted under section 147 of the N.W.P. and Oudh Municipalities Act (I of 1900) and sentenced to a fine of Rs. 10. On appeal, the conviction and sentence were maintained. It appears that Har Saran Das had a grain-pit dug on some land of his own between his house and a public road. He was prosecuted for having done this without having obtained previous sanction of the Municipal Board. It is said that the Municipal Board of Ghaziabad had passed a resolution forbidding the digging of grain-pits within two feet of a public drain or road. The applicant here was charged, first, under section 147 and, secondly, under section 168. He was acquitted under the latter section on the finding that the grain-pit did not encroach within two feet of any public drain but he was convicted under section 147. It is said that this digging of the grain-pit comes within the purview of section 87(I)(a) of the Act. This section directs that “every person who intends to erect or re-erect (a) any building abutting on or adjoining a public street or any public place or property vested in His Majesty or in the Board, &c., &c.” I am not prepared to hold that the digging of this pit can be said to amount to an “erection or re-erection of a building.” On this short point, I allow the application and set aside the conviction and sentence. The fine, if paid, will be refunded.