MUNICIPAL CORPORATION OF DELHI Vs. PRAKASH

JUDGEMENT

(1.) This appeal is directed against the order dated 8th April, 1991 passed by the learned Metropolitan Magistrate, New Delhi ( MM ) in case No. 126/NGR/89 by which Respondent Sh. Prakash was acquitted of the offences under Section 332 read with 461 of the Delhi Municipal Corporation Act, 1957 ('DMC Act ).

(2.) One Sh. H.L. Rana, Junior Engineer (Building), Najafgarh Zone, was stated to have done a routine checking on 28th December, 1988 in the area of Uggar Sain Park on Dichau Road, Najafgarh. He stated to have found unauthorized construction of five CRL.A. 107/1991 1 of 6 shops on one ground floor of a property situated near Uggar Sain Park at Dichau Road, Najafgarh Road, New Delhi. On the basis that the Respondent Sh. Prakash was the owner/builder of the said property, a prosecution was launched against him after obtaining sanction in terms of the Act.

(3.) The prosecution examined Sh. H.L. Rana as PW1 and certain other officials of the MCD for proving the obtaining of sanction.