D.D.A. vs M/S K.P.TRADING CO. & ORS.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 06.12.2024 Pronounced on: 30.01.2025 + CRL.A. 194/2009 D.D.A. .....Appellant Through: Mr. Tushar Sannu, Mr. Nikhil Nanda, Mr.Sunil Malhotra, Advocates versus M/S K.P.TRADING CO. & ORS. .....Respondents Through: Mr.Akshit Dua and Mr.Yashasvika, Advocates CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT 1. The present appeal has been filed against the order/judgement dated 31.03.2006 passed by MM, New Delhi, in Case No. 57/98 registered under Section 14 r/w Section 29(2) of the Delhi Development Act (hereinafter „DD Act‟), whereby the Trial Court acquitted Respondent No. 2 and 3 for the said offences. This Court observes that during the pendency of the present appeal, the Respondent No. 3 namely Sangeeta Sethi has passed away on 03.05.2024. In this regard, an affidavit along with a death certificate have been placed on record. Accordingly, the proceedings against the said respondent stand abated. 2. The facts, pithily put, are that on 05.06.1997, the accused persons Signature Not Verified Digitally Signed CRL.A. 194/2009 Page 1 of 7 By:GAUTAM ASWAL Signing Date:07.02.2025 14:23:22 were found using the premises in question i.e. 138 Raja Garden, Delhi for running a trade store for cosmetics under the name “K.P. Trading Co.”, contrary to the permitted purpose i.e., residential thereby leading to initiation of prosecution resulting in filing of complaint/challan under Section 14 r/w Section 29(2) of DD Act. 3. The prosecution examined a total of 2 witnesses to prove its case. CW-2 was a formal witness who proved the constitution of the accused firm namely „K.P. Trading Co.‟. CW-1, on the other hand, was the joint engineer/ inspector of DDA who had inspected the firm‟s premises. The respondents in their statement under