DELHI DEVELOPMENT AUTHORITY Vs. H S KALRA

JUDGEMENT

(1.) The facts giving rise to this appealmoved by the Delhi Development Authority against the acquittalby Shri Gulab Tulsiani. Metropolitan Magistrate of H. S. Kalracharged under section 29(2) of the Delhi Development Act (hereinafter referred to be "the Act") are in a narrow compass, and arenot much disputed. Premises bearing No. 806. Arjun Nagar,Kotia Mubarakpur, New Delhi, falls within the residential zoneas per Master Plan of Delhi, brought into vogue from 1962.A part thereof was being used as a store of a co-operative society.The same being not for residential purpose, had to be treated asnon-conforming use under the Master Plan. Before the trial 'court, a certificate from the Assistant Special Registrar of the Co-operative Society Delhi was. tendered which showed that the premises was being used for commercial purpose from 1949.

(2.) That apart, a portion of that premises which was beingso used for commercial purpose, was given over to the respondentH. S. Kaira, in the year 1968, and he started running a scooterrepair shop there.

(3.) The Delhi Development Authority, therefore, commencedprosecution against H. S. Kaira by filing a complaint under section 29(2) of the Act. It was alleged that he had in contravention of the provisions of section 14 of the Act, had started usingthe premises for commercial purpose while it could be put toresidential use only. The trial court, however, vide its judgmentdated 4-6-1975, acquitted the respondent holding that the premiseswas being used for commercial purpose from 1949.