MUNICIPAL CORPORATION OF DELHI Vs. SUBHASH

JUDGEMENT

(1.) THIS is an appeal against the judgment dated 10th July, 1995 whereby the respondent was acquitted of the charge under Section 461 of Delhi Municipal Corporation Act, 1957 read with Section 332 thereof.

(2.) THE case of the appellant is that on 20.11.1989, during inspection by the concerned Junior Engineer of South Zone, it was found that the respondent had carried out unauthorized construction of shop by laying roof on the existing wall in premises No. 20/6 -7, Yusuf Sarai, New Delhi without prior permission of Commissioner of MCD.

(3.) DW -1 Sita Ram is a resident of 69, Yusuf Sarai. He has stated that he knew the respondent, who was having godown in 20/6 -7, Yusuf Sarai and that he had never seen any new construction, addition or alteration in 20/6 -7 Yusuf Sarai either on or before or after 20.11.89.