DDA Vs. LODHA AND CO

JUDGEMENT

(1.) This appeal is directed against the judgment and order of the Metropolitan Magistrate, New Delhi in Case No.187/1981, dated 22nd December, 1981, whereby the learned Judge has acquitted the respondents of offence under Section 14 read with Section 29(2) of the Delhi Development Act.

(2.) Despite notice on appeal having been served on the respondents, nobody appears. Brief facts of the case as noted by the learned Metropolitan Magistrate are as follows:-

(3.) It is contended by counsel for the respondents that the premises though put to a non-conforming use prior to the coming of the operation of Master Plan in 1962, yet they would be covered by it by virtue of Section 14 of the Delhi Development Act and that the misuser can only continue upon terms and conditions that may be prescribed by regulation.