D V CHUG Vs. STATE

JUDGEMENT

(1.) The instant petition is being filed while challenging the complaint filed by the MCD under Section 347/461 of the Delhi Municipal Corporation Act, 1957 (hereinafter referred as ''the said Act'') against the petitioner.

(2.) Mr. Rajat Aneja, learned counsel for petitioner submitted that allegations in the complaint against the petitioner are as under:- That according to the Prosecution Report of Sh.Hasruddin Khan, Jr. Engineer (Bldg), West Zone, dated 09.09.2004, the accused Dr. D.V. Chug, Owner/Occupier of the property No. H.14, Rajouri Garden, New Delhi, was found committing the following offence on 09.09.2004 at 11:00AM under Section 347 of the Delhi Municipal Corporation Act, 1957 (hereinafter called the Act), which is punishable under Section 461 of the DMC Act.

(3.) Learned counsel has drawn the attention of this Court to the notice issued by the respondent No.2, which is at page No.23 wherein it is stated that the petitioner committed the offence under Section 347 DMC Act by changing the use of property from residential to commercial by running a clinic of doctor; whereas the MCD sanctioned the permissible use of this property as residential.