C E CONSTRUCTIONS LTD Vs. STATE

JUDGEMENT

(1.) Petitioner is aggrieved of the summoning order dated 09.05.2003 issued by the learned Metropolitan Magistrate on the complaint preferred by the NDMC under Section 252/369(1) of the NDMC Act, 1994. The NDMC in its complaint titled New Delhi Municipal Council v. Anil Gawa, Manager. C.E. Construction Ltd and Ors. had alleged that the Petitioner company and others are guilty of violation of provisions of NDMC Act inasmuch as they had changed the user of Flat No. 6A Girdhar Apartment, 28 Firoz Shah Road, New Delhi from residential to commercial purpose with the consent, knowledge and abetment of the co-accused Gyan Prakash Ahluwalia.

(2.) The NDMC alleged that the Petitioner company on the date of inspection i.e. 24.02.2003 was in occupation of the said flat. Statutory notice under Section 252 NDMC Act was served upon the Petitioner and the co-accused persons calling upon them to stop the misuse of premises. The notice was duly served on 07.03.2003 and it was also served by CRD post on 17.03.2003. The Petitioner as well as co-accused persons neither replied to the notice nor they stopped the misuse. This led to filing of the complaint.

(3.) Learned Metropolitan Magistrate vide the impugned order dated 09.05.2003 took cognizance and summoned the Petitioner and his co-accused persons for seeking trial for the offence punishable under Section 252/369(1) of the NDMC Act, 1994.