D D A Vs. MADHUBAN HOLIDAY INN

JUDGEMENT

(1.) THE present appeal under Section 378 Cr.P.C. is directed against the judgment and order dated 14.09.2006 passed by Sh. A.K. Chaturvedi, Metropolitan Magistrate (MM), New Delhi acquitting the respondents accused in Case No.121/2002 under Section 14 read with Section 29(2) of the Delhi Development Act, 1957 (the Act). Leave to appeal was granted on 02.07.2008.

(2.) THE case of the appellant/ complainant Delhi Development Authority (DDA) in brief is that an inspection was conducted on 28.09.2001 of the premises in question, i.e. B -71, Greater Kailash Part -I, New Delhi. During inspection, it was found that the said property was being used for running a banquet hall, restaurant and guest house in basement, first floor and second floor in an area of about 4500 sq.ft. in basement, 3500 sq. ft. in ground floor, 3500 sq.ft. each on first and second floor in the name and style of "M/s Madhuban Inn".

(3.) THE case of the appellant was that as per the Master Plan/ Zonal Development Plan, the said premises could be used for residential use, thus, there was violation of Section 14 read with Section 29(2) of the Act. The appellant claimed that after obtaining requisite sanction under Section 49 of the Act, it preferred the complaint. The appellant examined two witnesses.