DELHI DEVELOPMENT AUTHORITY Vs. RAJINDER SHARMA

JUDGEMENT

(1.) Leave granted.

(2.) Appellant (Delhi Development Authority) filed a complaint against the respondent before the court of a Metropolitan Magistrate alleging that respondent has committed an offence under Section 29 (2) of the Delhi development Act 1957 on the premise that respondent has violated Section 4 of the said Act. The complaint was taken on file by the Magistrate and process was issued to the respondent. Thereafter the respondent moved the High Court for quashing the criminal proceedings launched against him. By the impugned order a learned Single judge of the High Court quashed the proceedings.

(3.) The reason highlighted by the learned single Judge for quashing the criminal proceedings, can be seen from the following observation made in the impugned order- there is nothing on the record to show that the Zonal Plan produced before this Court was approved by the Central Government on or before the date of the alleged commission of the offence. That being so, the Zonal Plan produced before this Court does not help the prosecution. As noticed earlier, the Zonal map produced before the trial court does not show that the Yamuna Vihar colony was included in the said plan and so the provisions of Section 14 of the Act are not attracted to the facts of the present case. In this view of the matter, there is no prospect of the case ending in conviction and valuable time of the trial court would be wasted for holding the trial only for the purpose of formally complying the procedure and pronounce its conclusion on a future date. "