HARVIR GIRI Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) FACTS giving rise to this petition are that the petitioner was found using residential building bearing No. 1/15 West Patel Nagar, New Delhi, for non -conforming use, i. e. for running an educational institution known as Rama Bal Academy in violation of Zonal Development Plan and the Master Plan of Delhi.

(2.) ON the basis of the evidence on record, both the Courts below found the petitioner guilty off an offence punishable under Section 29(2) read with Section 14 of the Delhi Development Act, 1957 'and. as such convicted him under the said Section and sentenced him to pay a fine of Rs. 1,000/ - and in default to undergo simple imprisonment of ninety days.

(3.) AGGRIEVED , this revision petition has been filed. Shri B. J. Nayyar, learned counsel for the petitioner, only stressed the point that Satish Sharma (PW1) on the basis of whose report proceedings were started against the petitioner, admitted in his cross -examination that the petitioner was residing in the building in question at the time of his inspection, but he had not stated this fact in his report. According to the learned counsel, the Courts. below have not taken into consideration this admitted residential use of the building in, question by the petitioner. According to the learned counsel, the school in question has been in existence even prior to coming into force of the Delhi Development Act, 1957 and that as per the office order No. 504 dated 24 -11 -1975, such type of use of a residential building is permissible.