DDA Vs. INDERJIT SINGH

JUDGEMENT

(1.) This appeal is directed against the judgment and order of the Metropolitan Magistrate, New Delhi dated 20th July, 1988 in Case No. 353/87, whereby the learned Judge has acquitted the respondent of the charge under Section 14 read with Section 29(2) of the Delhi Development Act (for short "the DDA Act").

(2.) The facts of the care are that the accused was found running a shop in the name and style of M/s Bawaja Electricals Works on the ground floor with the help of three persons in premises NO. B-3/22, Rajouri Garden. The aforesaid premises is residential premises where commercial activities are not allowed either in the Master Plan or in the Zonal Development Plan. The aforesaid fact was proved on record by witnesses produced by the DDA which even today does not appear to be questioned.

(3.) Learned counsel for the Delhi Development Authority points out that in a decision by the Division Bench of this Court in DDA Vs. Rajinder Mittal [42 (1990) Delhi Law Times, 592] it has been held that a residential building or a part of the building including basement cannot be used for commercial purposes.