PARIVAR SEVA SANSTHA AND ORS. Vs. THE STATE

JUDGEMENT

(1.) BY way of this petition filed under Section 482 Cr.P.C. the petitioner seeks quashing/setting aside of the orders dated 27.03.2002 and 17.02.2005 passed in criminal case No. 125/2006 based on complaint dated 26.03.2002 by the DDA under Section 14 r/w Section 29 (2) of the Delhi Development Act, 1957.

(2.) BRIEF facts of the case are as under:

(3.) REFUTING the said submissions of the counsel for the petitioner Mr. Rajesh Mahajan, counsel appearing for DDA submits that respondent DDA has filed the said complaint because there was a clear cut violation on the part of the petitioner violating Section 14 of the DDA Act as the use of the residential premises for nursing home was a non -conforming user clearly in contravention of the master plan and zonal plan and therefore, it cannot be said that there was no violation of the said provisions committed by the present petitioners. Mr. Mahajan further submits that the petitioner cannot derive any advantage of the said notification as the said notification carved out an exception to the said general provisions i.e. Sections 14 and 29 of the DDA Act and it was for the complainant to have established before the trial court that the case of the accused falls within the four corners of the said exception carved out through notification. Counsel has placed reliance on Section 105 of the Indian Evidence Act in support of his argument.