Delhi Development Authority vs Jhalani Udyog And Anr.
2003 Latest Caselaw 1374 Del

JUDGMENT

R.S. Sodhi, J.

1. This appeal is directed against the order of the Metropolitan Magistrate dated 12th January, 1982 in Case No. 312/1980, whereby the learned Judge has acquitted the respondents herein of violation under Section 14 of the Delhi Development Act read with Section 29(2) thereof.

2. The facts of the case are that admittedly the respondents herein is using basement of Building No. B-31, GT Road, Karnal Road Industrial Area, Delhi, for purposes of manufacturing unit which according to Delhi Development Authority is contrary to the master plan as also the zonal plan.

3. It is contended by learned counsel for the Delhi Development Authority that as per the master plan the building used for industrial and manufacturing purposes ''(A). flatted factories (in central area), the maximum number of floors allowed is - two, the basement not exceeding ground floor coverage, is allowed for storage and servicing only.'' He submits that using it to the contrary for manufacturing purposes is a violation of the master plan punishable under Section 29(2) of the Act.

4. Counsel for the respondents on the other hand submits that the Delhi Development Authority by a resolution dated 22nd September, 1980 had proposed amendment to the master plan permitting the usage of the basement for manufacturing purposes, and therefore, it would be unfair for the Delhi Development Authority to launch prosecutions in cases where basements have been used for purposes other than storage and servicing facilities.

5. I have heard learned counsel for the parties and have gone through the material placed on record. It appears to me that a building in an industrial area to be put to industrial use has been specified in the master plan, to mean that the same in case of flatted factories shall comprise of two floors and a basement, which should not exceed the ground floor coverage and is allowed for storage and servicing only. Since this restriction is placed in the building itself in the master plan a user contrary to that provided therein would be a violation within Section 14 of the Delhi Development Act punishable under Section 2(2) thereof.

6. In the present case since facts are admitted that the basement is being used for manufacturing purposes, I hold that the respondents has committed a violation of the master plan punishable under Section 29(2) of the Delhi Development Act.

7. In this view of the matter, I hold the respondents guilty under Section 14 read with Section 29(2) of the Delhi Development Act and sentence them to pay a fine of Rs. 250/-(rupees two hundred fifty) each. The order dated 12th January, 1982 is set aside.

8. CRLA 161/1982 is allowed and disposed of.