CENTRAL BANK OF INDIA Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This order will dispose of two revision petitions, No. 246/80 and 247/80.

(2.) The Central Bank of India, Branch 58A Jor Bagh, New Delhi, is run in a residential area and therefore, it was convicted on November 15, 1976 under Section 29(2) read with Sections 14 and 31 of the Delhi Development Act, 1957 (the Act) for user not conforming to the Plan and was sentenced to pay a fine of Rs. 1000.00 . On October 31, 1977 the field staff of the Delhi Development Authority again found that the Bank was continuing its branch even after the said first conviction. On that date N.D. Kapur was the Manager of the said Branch. The Bank and the Manger N.D. Kapur were again prosecuted by the DDA. The learned Metropolitan Magistrate convicted them under the aforesaid sections by his order dated July 18, 1979 and sentenced the Bank to a fine at the rate of Rs. 20.00 per day amount ing to Rs. 7000.00 and sentenced N. D- Kapur to pay a fine of Rs. 500.00 in default whereof to undergo simple imprisonment for 60 days. The appeal of the accused Bank and the Manager was dismissed by the learned Additional Sessions Judge on January 18, 1980. Hence, the revision No. 246/80.

(3.) The said Bank was running another branch in 63, Babar Road, New Delhi with R. G. Sehgal as its Manager in the residential area against the user prescribed by the Plan. They were convicted under the aforesaid sections of the Act and each one was sentenced on July 12, 1979 to pay a fine of Rs. 1000.00 . Their appeal was dismissed on February 2 1980. Hence, the revision No. 247/80.