DELHI DEVELOPMENT AUTHORITY Vs. R K DHAWAN

JUDGEMENT

(1.) Delhi Development Authority has filed this appeal against the judgment dated February 13, 1981, of an Additional Sessions Judge, Delhi, by which he had allowedhe appeal of Sh.R.K.Dhawan-respondent and had set aside the judgment dated August 1980 of a Metropolitan Magistrate, Delhi and has acquitted the respondent of an offence punishable under Section 29 read with Section 14 of the Delhi Development Act, 1957 (for short 'the Act'). The learned Magistrate has found him guilty and imposed a fine of Rs. 1,500.00 and in default to undergo simple imprisonment for 90 days.

(2.) Facts leading to the filing of the present appeal against acquittal are that the respondent admittedly is the owner of house No.A-16/1, Vasant Vihar, New Delhi, which is located in Development Zone F-12 and in accordance with the Master Plan of Delhi the said house could be used only for residential purposes.

(3.) PW 1 S.K.Taneja, Junior Engineer of Delhi Development Authority had on December 18, 1978, visited the said property had prepared an inspection report Ex.PW1/A mentioning that he had found the entire first floor comprising of drawing and dining with partition and four more rooms alongwith basement being permitted to be used for running an office for consultant and laboratory purposes and at the time of inspection he had found twelve employees present besides he saw a number of soil testing machines present in the basement. He had found one Shri S.Kashyap, consultant present on the spot who refused to sign the inspection report. After obtaining prior sanction under Section 49 of the Act, copy of which is Ex.PW1/C, a complaint was filed against the respondent that respondent had permitted the said residential building to be used for non-conforming purposes in violation of provisions of Section 14 of the Act and thus, has committed an offence punishable under Section 29(2) of the Act.