DELHI DEVELOPMENT AUTHORITY Vs. JHALANI UDYOG

JUDGEMENT

(1.) This appeal is directed against the order of the Metropolitan Magistrate dated 12th January, 1982 in Case No. 312/1980, whereby the learned Judge has acquitted the respondents herein of violation under Section 14 of the Delhi Development Act read with Section 29(2) thereof.

(2.) The facts of the case are that admittedly the respondents herein is using basement of Building No. B-31, GT Road, Karnal Road Industrial Area, Delhi, for purposes of manufacturing unit which according to Delhi Development Authority is contrary to the master plan as also the zonal plan.

(3.) It is contended by learned counsel for the Delhi Development Authority that as per the master plan the building used for industrial and manufacturing purposes "(A). flatted factories (in central area), the maximum number of floors allowed is - two, the basement not exceeding ground floor coverage, is allowed for storage and servicing only." He submits that using it to the contrary for manufacturing purposes is a violation of the master plan punishable under Section 29(2) of the Act.