ORDER

Dr. A. S. Anand. J.- Special leave granted.

2. The only question involved in this case is whether in the absence of the appointment of a Municipal Magistrate, a Metropolitan Magistrate can take cognizance and try an accused for commission of an offence punishable under the Delhi Municipal Corporation Act, 1957 ?

3. The circumstances in which this question has arisen need a brief notice at the thresh-hold.

4. On 6.6.1989, a Junior Engineer of the complainant-Municipal Corporation of Delhi (respondent No. 1 herein) filed a report against the appellant alleging unauthorised construction of roof and a stair-case on the ground floor of the appellant s property situate at 1535-1537, Church Road, Kashmere Gate, Delhi. The appellant apprehending demolition of his house, filed Civil Suit No. 616 of 1989 in the Court of Sub-Judge, Delhi, contending inter alia-that the replacement of the roof and the alleged repairs/alterations were permissible under the building bye-laws and required no formal order of sanction and, therefore, the appellant could not be said to have carried out any unauthorised construction and sought an injunction against Respondent No. 1 restraining it from demolishing