DELHI DEVELOPMENT AUTHORITY Vs. R K GUPTA

JUDGEMENT

(1.) eave to appeal sought for, is granted.

(2.) This appeal, by special leave, is by the D.D.A. preferred against the judgment dated 23.4.93 in Cri. Case No. 88/92 on the file of Mr. A.K. Garg, M.M., New Delhi, acquitting the accused/respondent of the offence punishable under Section 14 read with Section 29(2) of the Delhi Development Act, 1957.

(3.) Succinctly put; the case of the prosecution is that by areport dated 11.7.85 (Ex.PW-IA)of the Surveyor Shri Chandra Prakash (Public Witness l)itwasbroughttothe notice of the appellant that the respondents had permitted to be used a building bearing No. F-329, AZ, Sudershan Park, New Delhi, to a non-conforming use inasmuch as an office-cum-factory under the name and style of M/s. Asha Mechanical Works was being run therein. According to the appellant, the land/ building falls in Zone G-3 and it can be used only for residential purposes in accordance with the Master Plan formulated in respect of the said Zone. The respondent was prosecuted for contravening the provisions of Master Plan of Zone G-3 as referred to under Section 14 of the D.D. Act and made punishable under Section 29(2) of the said Act.