DELHI DEVLOPMENT AUTHORITY Vs. VARUN ENTERPRISES

JUDGEMENT

(1.) This appeal has been preferred by the DDA against the order of acquittal passed by the learned Magistrate dated 28th January, 1995. The indictment against the respondent/accused is that it was using premises number E-564, Greater Kailash-II, New Delhi for running a show room on the ground floor under the name and style of M/s. Varun Enterprises, a partnership firm, in flagrant disregard of provision of Master Plan, which came into force on 1st September, 1962. According to the Master Plan, the said property could be used only for residential purposes. Mr. K.P. Jawa, Junior Engineer, DDA visited the spot and found that respondent firm was functioning on the ground floor over an area of about 400 sq. feet vide his report Ex. PW3/A. Consequently, the appellant launched a prosecution under Section 14 read with Section 29(2) of Delhi Development Act, 1957 against the respondent.

(2.) In his cross-examination, Mr. K.P. Jawa stated that he was aware that the record of the building is available in the MCD. He deposed that he had gone through the MCD record but in the same breath he clarified that he could not succeed in finding the record. He could not admit or deny whether the premises were being used for commercial purpose before 1962.

(3.) Before the trial Court, in order to scrub the charge, the respondent produced Ex. DX, which is the certified copy of the inspection book of MCD, of the property in question, dated 30th January, 1961 which goes to show that the above said property was used for commercial purposes and approximate area of rooms or frontage in case of shops, was found to be 550 sq. yards. There were as many as four shops which were used for commercial purposes. Consequently, the learned Metropolitan Magistrate exonerated the respondent of the above said offence.