Dda vs Sukhbir Singh
2003 Latest Caselaw 1376 Del

JUDGMENT

R.S. Sodhi, J.

1. This appeal is directed against the judgment and order of the learned Metropolitan Magistrate, Delhi dated September 10, 1981, whereby the learned Judge has acquitted the accused of an offence under Section 14 read with Section 29(2) of the Delhi Development Act (for short ''the DDA Act'')

2. Counsel for the respondent submits that the accused has not disputed the running of Branch of Punjab National Bank at Premises No. 9, West Avenue, West Punjabi Bagh, New Delhi. He has also not disputed that according to Master Plan of Delhi, the building could be used for residential purposes. However, it was the case of the respondent before the trial court that the Master Plan itself gave permission to the MCD in built up areas to regularise user of premises on an ad hoc basis for purposes other than residential, which regularisation has in fact been done by the MCD.

3. Counsel for the DDA argues that no regularisation is permitted contrary to statute and the Master Plan being part of the Delhi Development Act, no permission could be given by the MCD contrary to the Master Plan. In the present case, counsel submits that area being residential, the MCD could not regularise the premises in question to be used as Bank. On the other hand, counsel for the respondent submits that the Master Plan itself envisages a situation where in built up areas the Zonal Plan has not come into effect then on an ad hoc basis the MCD can permit the use of residential premises for purposes other than residential.

3. Heard counsel for the parties and have gone through the Master Plan where it is mentioned that '' ''The land use plan show the various use zones. In the case of District Centres where no separate areas have been marked for retail shopping, work centre or flattered factory and government office but are indicated in the text of the Land Use Plan, such demarcations will be shown in detailed plans. The land use plan does not show local shopping, local parks, schools, etc. Hence, in build up areas, the local municipal authorities may allow such uses, based on quick surveys and on an ad hoc basis, untizonal development plans are prepared. The latter, when prepared, will incorporate the land use proposals prepared by the local authorities. In new areas development shall take place only on the basis of the zonal development plans.''

4. Since it is only an ad hoc arrangement which has been regularised by the MCD, it would not be fair for the DDA to launch prosecution in such cases, especially, where the law is not black and white but is grey, the benefit must go to the respondent. Consequently, I uphold the order of the Metropolitan Magistrate dated 10th September, 1981 and dismiss Crl.A. 96/1982