D.D.A. Vs. R.S. SAMDARIA

JUDGEMENT

(1.) THE present appeal has been preferred to assail the judgment passed by Sh.A.K. Chaturvedi, Metropolitan Magistrate, New Delhi in the complaint preferred by the appellant under Section 14 read with Section 29(2) of the Delhi Development Act, 1957 (the Act) against the respondent registered as Complaint Case No. 419/01. By the impugned judgment, the respondent accused has been acquitted by the learned Magistrate.

(2.) THE case of the complainant/ DDA in brief was that on inspection conducted on 07.11.2001, the accused was found putting to use - premises No.F -80, First Floor, Bhagat Singh Market, New Delhi, for running a shop/ showroom under the name and style of 'M/s. Samdaria Jewellers' on the first floor in an area of about 800 sq.ft. instead of using the same for residential purpose as prescribed under the Master Plan. Consequently, the accused was show -caused and the aforesaid complaint was preferred. Since the accused pleaded 'not guilty', the matter was sent for trial.

(3.) THE appellant also examined Sh.G.S. Bakshi, an official of MTNL as CW -2, who deposed that Telephone No. 23365359 was installed in the premises in question in the name of 'M/s. Samdaria Jewellers'.