( 1 ) THIS appeal is directed against the judgment dated 3rd august, 1984 passed by Mr. A. S. Yadav, M. M. , whereby the respondent M. L. Sodhi was acquitted of the offence under Section 14 read with Section 29 (2) of the Delhi Development Act, 1957 (hereinafter referred to as the act ).

( 2 ) THE allegation against the respondent was that he was running an office under the name and style of M/s. Laxmi Finance Exchange in the entire basement of plot No. 12-A, Sagar Apartments, Tilak Marg, New Delhi in contravention of the Master Plan/zonal Development Plan. During trial the petitioner proved that the respondent was running an office under the name of m/s. Laxmi Finance Exchange in the basement of the building known as Sagar apartments, Tilak Marg, New Delhi. It was further proved by the prosecution witness that the building in question fell in the Development Zone D-3 of the master Plan for Delhi and should be used for residential purpose only. The learned M. M. found the facts in favour of the appellant but he held the view that running of the office in the basement of that building did not amount to non- conforming use. DW-1 proved before the Court the resolution N