1. By the present appeal, the Appellant challenges the judgment of the learned Metropolitan Magistrate acquitting the Respondents for commission of offence under Section 29 (2) of the Delhi Development Act, 1957(in short the D.D. Act).

2. Briefly, the version of the Complainant CW-2 Shri R.K. Gupta, Junior Engineer is that he inspected premises No.2, Kohat Enclave, Pitampura, Delhi on 24th November, 1993 and found a nursing home functioning under the name of M/s. Gautam Hospital in the basement in an area of 800 sq. ft. and on the ground, first and second floors in an area of about 1800 sq. ft. each. This premises fell under Development zone No.H-5 and could be used for residential purposes only. On a complaint being filed, the Respondents pleaded not guilty. After recording the Complainant’s evidence, statements of Respondent Nos. 2 and 3 and the defence evidence, the Respondents were acquitted. The learned Trial Court acquitted the Respondents primarily on the ground that during the inspection, the Complainant CW-2 neither seized any document to prove the fact that a hospital was functioning on the date of inspection nor could he give the name of any patient, nu