( 1 ) THIS reference has arisen 1n the following circumtances: Cr. R. 259/1981 : In re The Oriental Bank of Commerce.

( 2 ) ON 29/12/1980 the Junior Engineer of the Delhi Development Authority (D. D. A. for short) inspected the premises No. D-985, New Friends Colony, in development Zone No. I, which is a residential area and found that in the said premises the Oriental Bank of Commerce is running its Staff Training College-cum-Hostel. Upon a report being made, the Assistant Engineer (Prosecution) issued notices to the said Bank and its Chairman on 8/1/1981 asking them to show cause within 15 days why action should not be taken against them under section 14 read with section 29 (2) of the Delhi Development Act, 1957 (in brief the Act ). The Principal of the College and the Joint General Manager of the Bank in separate replies of 24/1/1981 stated that the premises were in most part being used as residential and requested for permission to continue to do so and for withdrawal of the notice. The DDA did not agree and after some more correspondence its Additional Secretary acting under sections 49/52 of the Act read with its resolution dated 15/7/1978 issued on 12/6/198