BHAGWANTI MALHOTRA Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Smt Bhagwanti Malhotra was tried in the court of Shri G.S. Mann, Judicial Magistrate, Delhi, on a charge under section 29 (2) of the Delhi Development Act. The Magistrate found the accused guilty of the offence charged with and sentenced her to a fine of Rs. 500.00 and in default of payment of fine to undergo simple imprisonment for three months. Again the order of the Magistrate, the accused want in revision to the Sessions Judge. The revision was heard by Sh.K.S.Sidhu, Additional Sessions Judge, who dismissed the revision petition. The facts that gave rise to the prosecution and conviction of the petitioner are few and are not disputed. Bhagwanti Malhotra is the owner of residential building described as No. D/7 New Delhi South Extension, Part II. The petitioner let out the building to the Indian Oil Corporation (Aviation Deptt). The Indian Oil Corporation was using the ground floor of the house as its office and the first floor for the residence of its officers. The Secretary, Delhi Development Authority (hereinafter called the 'Authority') filed complaint under section 29 (2) of the Delhi Developmentt Act alleging that the petitioner was using the building for commercial purposes althougit was meant to be used for residential purposes. The petitioner in her statement under section 342 Cr. P.C. admitted that she had let out the building to M/s. Indian Oil Corporation who were using the ground floor as their office and the upper storey for residntial purposes.

(2.) The Delhi Development Act was enacted in the year 1957 and it extended to the whole of the Union Territory, Section 7 case a duty on the Authority to carry out a civic survey and prepare a Master Plan for Delhi. Sub-section (2) of section 7 provided that the Master Plan shall define the various Zones which Delhi may be divided into for the purposes of development and indicate the manner in which the land in each Zone is proposed to be used. Sub-clause (b) of sub-section (2) provided that the Master Plan shall serve as basic pattern of framework within which the zonal development plans of the various zones may be prepared. Sub-section (3) provided that the Master Plan may provide for any other matter which is necessary for the proper development of Delhi. Section 8 provided that simultaneously with the preparation of the Master Plan or as soon as may be thereafter, the Authority shall proceed with the preparation of zonal development plan for each of the zones into which Delhi may be divided. Section 9 and 10 provide for submission of plans to the Central Government for approval and for procedure to be followed in the preparation and approal of plans. Section 11 provides for the date on which the plans shall come into operation. Section 11A provides for the modifications to the Master Plan and the zonal development plans. Section 12 provides that as soon as may be after the commencement of the Act, the Central Government may, by notification in the Official Gazette, declare any area in Delhi to be a development area for the purposes of this Act. Sub-section (2) of section 12 provides that save as otherwise provided in this Act, the Authority shall not undertake or carry out any development of land in any area which is not a development area. The section further provides that after the commencement of the Act, no person or body (including the Government) shall carry out development in any area unless permission has been taken as provided therein. Sub-section (4) provides that after coming into operation of any of the plans in any area, no development shall be undertaken or carried out in that area unless such development is also in accordance with such plans Section 13 provides that every person or body desiring to obtain the permission referred to in section 12 shall make an application in writing to the Authority in such form and containing such particulars in respect of the development to which the application relates as may be prescribed by regulations. Section 14 prohibits the user of land and buildings in contravention of plans. The said section reads as: -

(3.) Shri Attri contended that in the Master Plan the zone in which the building in question is situated is indicated as "residential" and the land having been built in conformity with the defined land user of the zone, no infringement of the Master Plan was made by putting the building to a use different from the defined land use. Shri Attri further contended that it was for the zonal development plan to specify the use of the building and the owner of it would fall within the ambit of Section 14 only if he used, or permits to be used, the building in contravention of the zonal plan.