The central legal point established in the judgment is the necessity of demarcating residential areas for proper town planning and prohibiting the use of basements for office purposes in residential areas.

( 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 No. 195 dated 28. 11. 1978 which did not provide any specific use for the basement in which it was observed that no specific use for the basement has been provided for in the master Plan and it recommended that the basement should be used for parking, servicing and storage. The learned M. M. observed that the running of an office was covered by the words servicing . He, therefore, acquitted the respondent.

( 3 ) A number of judgments of this Court has been placed on the record to show that the basement of that building could not be used for running an office. The first judgment is of Crl. A. No. 169/1983 titled DDA v. M/s. Federation of engineering Industry of India and Ors. which deals with the basement No. 30 of sagar Apartments where the accused was running an office. The M. M. had convicted the accused but the learned Addl. Sessions Judge overruled the conviction and acquitted the accused on the finding that no specific use of the basement in question was prescribed in the Master Plan and, therefore, could be used for office without contravention of the Master Plan. This Court vide the judgment dated 30. 10. 2003 followed a decision of the Division Bench of this court in DDA v. Rajinder Mittal, reported as 42 (1990) DLT 592 in which it was held that if the building falls in the residential area, the basement could be no exception. It was observed by the Division Bench that by administrative orders it was made clear that the basement could only be used for residential purposes or for purposes incidental thereto. The Court, therefore, convicted the accused and confirmed the sentence imposed by the M. M.

( 4 ) THE Division Bench dealing with the case of Rajinder Mittal (supra) which was in respect of an offence committed in October, 1978 took note of an earlier judgment of this Court in Criminal Appeal No. 56/1981 DDA v. M/s. Rajiv Trading Co. and Ors. , delivered on 6. 9. 1990 by a Bench comprising S. B. Wad and M. K. Chawla, JJ. Approving the finding of this Court in the case of M/s. Rajiv Trading Co. (supra) the Court quoted certain potions of that judgment in its judgment in the case of Rajinder Mittal (supra ). I am tempted to quote the same portions here as the same clinches the subject in very lucid terms:

"it may be seen from the Master Plan that it covers the entire territory of delhi and for planned development of Delhi details the areas which can be used for industries, areas which are commercial areas, areas which are residential areas, areas which are to be left out as green belts and so on. It divides the territory of Delhi into different zones. The Zonal Plan, in detail, specifies the purpose of the land use according to different localities. It is an admitted fact that the Zonal Plan for the area in which Tilak Marg is situated lays d