DELHI DEVELOPMENT AUTHORITY Vs. RAJINDER MITTAL

JUDGEMENT

(1.) This appeal is directed againit the order dated 9th of October 1980 of the learned Meiropolitan Magistrate by which he dismissed a complaint under Section 29(2) read with Section 14 of the Delhi Development Act and acquitted the respondent who was accused of the commission of the crime.

(2.) The brief facts are that on 9th of October 1978 the field staff of the Delhi Development Authority found the respondent has permitted the building M-291, Greater Kailash-11, New Delhi, toba used for non-conforming purposes by running a unit of ready-made garments. The aforesaid building falls in zone No. F-9 and according to the scheme of Master Plan it could only be used for residential purposes as envisaged by Section of the Delhi Development Act, 1957.

(3.) Before we proceed further, we may take notice of the stand that the respondent bad taken before the trial court during his statement under Section 313 Cr PC. The crux of the stand taken by the respondent is that the basement was being used for non-conforming purpose. He, however, took the shelter behind the fact that the zonal Development Plan of the area is not in force. Further, he took the stand that the premises was let out after seeking permission under Section l\ of the Delhi Rent Control Act and that he did not permit the misuser and had also given notice to the tenant for misusing the premises.