G.R.LUTHRA, R.N.AGGARWAL
DELHI DEVELOPMENT AUTHORITY – Appellant
Versus
K. P. SHANKRA – Respondent
( 1 ) THIS judgment shall also dispose of Criminal -Appeal Nos. 131/76, 132/76, 263/76, 264/76, 265. /76 and 266/76 since they involve common questions of fact and law.
( 2 ) THE respondent K. P. Shankara is the owner of the building bearing No. 11, Babar Lane, Bengali Market, New Delhi. On 17th February 1973 the field staff of the Delhi Development Authority reported that the owner of premises bearing No. 11 Babar Lane was using the said building in contravention of the Master Plan of Delhi. After obtaining sanction for the proiccution on 1st June 1973, the Secretary, Delhi Development Authority filed a complaint under Section 29 (2) of the Delhi Development Act against the respondent. Thallegation in Criminal Appeal No. 130 of 1976 is that the respondent had let out one room on the first floor, 11 Babar Lane New Delhi to M/s. Payen and Go. who were using the said room as an office which is in contravention of the Master Plan. The allegation in the other complaints is similar, only the names of the tenants arc different.
( 3 ) THE respondent in his examination at the trial stated that he had filed a suit against M/s. New Delhi Traders Association (Criminal App
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