DELHI DEVELOPMENT AUTHORITY Vs. AMARJIT SINGH

JUDGEMENT

(1.) The respondent Amarjit Singh s/o Inder Singh Kohli r/o A-3 Kailash Colony, New Delhi was prosecuted under Section 29 Sub-sec. (2) read with Section 14, Delhi Development Act 1957 before Shri M.L. Sahni, Metropolitan Magistrate who by his order dated 30-1-82 acquitted him.

(2.) The facts which led to his prosecution are that the respandent as the owner of the building bearing No. A-38, Kailash Colony, New Delhi on 9-10-78 was found having permitted non-conforming use of the building by allowing running of some units of Readymade Garments in contravention of Master Plan for Delhi and Zonal Development Plan of Zone F-2 according to which the building in question could not be used for purposes other than the residential purpose.

(3.) On Consideration of the arguments of the learned counsel for the parties we may make it clear that we are not examining this case on merits. Mrs. Usha Kumar learned counsel for the appellant has raised two preliminary points. In the first place she has sought our consideration to her application listed as Cri. Misc. No. 1671/82 under Sections 391 and 482 Code of Criminal Procedure and has requested that she be permitted to lead additional evidence in the form of an attested copy of a judgment whereby the respondent in a similar case in respect of the same premises has been convicted on 20-12-78. We find a reference to this judgment has been made by PW-1 and there can be no serious objection if an attested copy of that judgment is received as additional evidence as that piece of evidence would otherwise be necessary for the just decision of the.case. We accordingly allow Cri. Misc. 1671/82 and take on record the attested copy of judgment of Mr. R.C. Chopra, Metropolitan Magistrate in case State v. Amarjit Singh under Section 29(2) read with Section 14 Delhi Development Act 1957 passed on 20-12-78.