GURCHARAN SINGH Vs. STATE OF DELHI MCD

JUDGEMENT

(1.) In this revision proceeding, the petitioner has impugned the judgment and order of the Additional Sessions Judge, affirming the conviction and sentence recorded by the Metropolitan Magistrate (hereafter "the trial court") holding him guilty of offences under Sections 332 and 461, Delhi Municipal Corporation Act, 1957 (hereafter "the Act".

(2.) The complainant, Municipal Corporation of Delhi, (hereafter called "MCD") alleged that the petitioner was found raising unauthorized construction in the rear portion of the first floor, consisting of two halls and passage in property No. 1384-86, Nicholson Road, (hereafter "the premises") without its permission. Notice was given; the petitioner claimed to be not guilty, and was sent for trial.

(3.) The accused's defence was that the building became dangerous. The property in question was visited by Junior Engineer (JE), Shri Avinash Kumar. He was examined by the complainant as PW-1 He stated that on 11.1.1991, while he was assigned to work as J.E. in Civil Lone Zone, at 11 am, he inspected the property No. 1384-86 Nicholson Road Kashmiri Gate, Delhi. The accused-petitioner was found present at site; he was raising unauthorized construction in the rear portion of the first floor consisting of two halls and passage. Despite demand for permission to raise such construction, the petitioner failed to show the same. It was also alleged that the petitioner was supervising the construction. PW-1 prepared the FIR. Orders were issued by the Zonal Engineer (Z.E) for issuance of Show cause notice. Prosecution report is Ex.PW-1/A. He also prepared the rough sketch encircled red on the prosecution report. It was stated that the petitioner disclosed that he was the owner of the property in question.