DDA Vs. VIP MARBLE EMPORIUM

JUDGEMENT

(1.) This is an appeal filed by the appellant against the judgment dated 07.04.2007 passed by Sh. A. K. Chaturvedi, the learned Metropolitan Magistrate, New Delhi in complaint case titled M/s DDA Vs. VIP Marble Emporium & Ors. acquitting the accused company and its partners for an offence under Section 14 read with Section 29(2) of the Delhi Development Act, 1957 for misusing the premises contrary to the Master Plan/Zonal Development Plan.

(2.) Briefly stated the facts of the case are that on 02.08.2001, an inspection was conducted by Mr. S. C. Saxena, Junior Engineer, DDA whereupon accused Fayaz Ahmed and Shahdat Ali, allegedly partners, were found putting to use the premises no. 372, Sultanpur, Main Mehrauli Gurgaon Road, Village Ghitorni, New Delhi, for running a shop of marble emporium at the ground floor under the name and style of M/s VIP Marble Emporium in an area of about 500 sq. ft. The said premises according to the appellant could have been used only for agricultural purpose or as water body as per the Master Plan or Zonal Development Plan. The appellant, in support of his case had examined two witness, namely, Sh. S. C. Saxena, Junior Engineer, DDA as CW1, who proved the Zonal Map as Exhibit CW1/B, Lay Out Plan as Exhibit CW1/C, Show Cause Notice as Exhibit CW1/D, Sanctioned Plan as Exhibit CW1/E, and Complaint as Exhibit CW 1/F, copy of the Resolution as Exhibit CW1/G-F1 and Gazette Notification as Exhibit CW1/H-H1.

(3.) The second witness examined on behalf of the appellant was Mr. S. K. Sharma, UDC, Sales Tax Department, New Delhi who testified that the application dated 11.06.1999 for change of address from 428/3, Swatantar Senani Market, Ghitorni to 372, Sultanpur, Main Mehrauli Gurgaon Road, Village Ghitorni, New Delhi was applied for by the respondent. Documents proved in this regard are Exhibit as CW2/A and copy of assessment order as Exhibit CW 2/B-D. Thereafter, the appellant moved an application under Section 311 Cr.P.C., CW-3 Sh. M.L. Ahuja, STO was examined and he proved his earlier statement and verification report dated 11.05.2004 Exhibit CW-3/DY. The inspection was done on 11.05.2004 by the officials of the DDA whereupon it was found that no business was being run at 372, Sultanpur, Main Mehrauli Gurgaon Road, Village Ghitorni, New Delhi. The statement of the accused was recorded and thereafter the respondent-accused examined two witnesses DW1/Kamaludin who stated that the shop of the respondent/accused no. 1 was also at 372, Sultanpur, Main Mehrauli Gurgaon Road, Village Ghitorni, New Delhi and the said shop was functioning till about 3-4 months ago and it had been lying sealed for the last four months. The witness was examined on 05.02.2007. Similarly, DW-2/Fayaz Ahmed was also examined by the accused persons to prove their defence that they were not functioning from 372, Sultanpur, Main Mehrauli Gurgaon Road, Village Ghitorni, New Delhi.