ORIENTAL BANK OF COMMERCE Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This reference has arisen 1n the following circumtances: Cr. R. 259/1981 : In re The Oriental Bank of Commerce.

(2.) On 29/12/1980 the Junior Engineer of the Delhi Development Authority (D.D.A. for short) inspected the premises No. D-985, New Friends Colony, in development Zone No. I, which is a residential area and found that in the said premises the Oriental Bank of Commerce is running its Staff Training College-cum-Hostel. Upon a report being made, the Assistant Engineer (Prosecution) issued notices to the said Bank and its Chairman on 8/1/1981 asking them to show cause within 15 days why action should not be taken against them under section 14 read with section 29(2) of the Delhi Development Act, 1957 (in brief 'the Act'). The Principal of the College and the Joint General Manager of the Bank in separate replies of 24/1/1981 stated that the premises were in most part being used as residential and requested for permission to continue to do so and for withdrawal of the notice. The DDA did not agree and after some more correspondence its Additional Secretary acting under sections 49/52 of the Act read with its resolution dated 15/7/1978 issued on 12/6/1981, section for the prosecution of the said Bank and its Chairman Mr. M.K. Vig for non-conforming user under section 29(2) read with sections 14 and 32 of the Act. In pursuance of this sanction, a complaint was lodged on 14/7/1981 in the court of the Metropolitan Magistrate by the Additional Secretary (Prosecution) with Delhi Development Authority shown as the complainant. That very day, the learned Metropolitan Magistrate exempted the Additional Secretary from personal attendence, since he was a public servant. This was done under clause (a) of the first proviso to section 200 Cr. P C. because the complaint was made in writing by a public servant acting or purporting to act in discharge of his official duties and in such a case the Magistrate need not examine the complaint. After perusal of the complaint and the documents, he directed issue of process against the accused. The- accused filed a revision petition Cr. R. 259 of 1981 on 26/8/1981 in this court against the said order of the Magistrate. Cr. R. 260181 : In re The Punjab National Bank:

(3.) The premises No. D-72, Malviya Nagar were inspected by the: Junior Engineer of the Delhi Development Authority on 13/1/1981 and it was found that the Punjab National Bank was running a branch in the said premises which were earmarkad exclusively for residential use. Fifteen days show cause notices were issued on 30/1/1981 to the said Bank and its Chairman Mr. S.L. Chopra by the Assistant Engineer, D.D.A. to which a reply was sent by the Manager on 8/2/1981 requesting regularisation of the non-conforming user upon payment of compensation fee. Acting under the powers delegated to him by the D.D.A. by its resolution of 15/1/1978 its Secretary issued sanction dated nil under section 49 of the Act for prosecution of the Bank and its Chairman Mr. S.L. Chopra under section 29(2) read with sections 14 and 32 of the Act for non-conforming user. A complaint was consequently lodged by the DDA's Assistant Engineer for such prosecution on 14/7/1981. The learned Metropolitan Magistrate on 14/7/1981 after perusing the complaint and documents summoned the Bank and its Chairman Mr. Chopra and exempted the Assistant Engineer from personal attendance under section 200 Criminal Procedure Code . to which reference has just been made. The accused filed a revision petition No. 260/81 on 26/8/1981 against the said order of the learned Magistrate.