AMAR NATH Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The petitioner was prosecuted for using premises .No. 17. North Avenue Road, Punjabi Bagh. Delhi, for non-conforming use. He was running a tailoring shop and was found indulging in this activity on 25th November 1980 in the said premises, though the premises falls within the residential zone and could only be used for residential purpose and not for commercial purpose. The inspection was carried out by Shri V. M. Aggarwal, Zonal Engineer.

(2.) The controversy falls within a very narrow compass inasmuch as even though the petitioner had pleaded not guilty he confessed that he was running a tailoring shop in the garage of the building. The learned court of the Metropolitan Magistrate relying on the prosecution story and evidence found the petitioner guilty and imposed a fine of Rs. 1000.00 , in default simple imprisonment for three months but in appeal the learned Sessions Judge while upholding the finding of guilty reduced the fine to Rs. 400.00 in default to simple imprisonment to one month. While the appeal was being argued before the learned Sessions Judge, no challenge was thrown to the correctness of the prosecution case that by running the tailoring shop in the residential premises the petitioner had committed a breach of the Master Plan. The only submission made before the Sessions Judge was that a lenient view may be taken.

(3.) Now, Mr. Khadaria while arguing this petition wants the court to hold that the petitioner had implied permission of the Municipal Corporation of Delhi to run this commercial activity in the residential premises and that this inference may be drawn from the fact that the ground floor of the premises in which this activity is being carried on was being assessed for the purpose of property tax, electricity and water charges as commercial premises from the very beginning. According to him, the Master Plan permits in such areas in which the present is situated that the local authority will conduct quick surveys and permit commercial activities on adhoc basis. This is because no Zonal Development Plan has come into force in the Punjabi Bagh area which is a free-hold built-up colony.