w w w . L a w y e r S e r v i c e s . i n



Amar Nath v/s D.D.A. and Another


Company & Directors' Information:- NATH PRIVATE LIMITED [Active] CIN = U31908PN2013PTC148540

Company & Directors' Information:- NATH AND CO LTD [Strike Off] CIN = U15141KL1946PLC000796

Company & Directors' Information:- D D AMAR NATH AND COMPANY PRIVATE LIMITED [Active] CIN = U74899DL1986PTC024407

    Criminal Revision No. 9 of 1983

    Decided On, 15 November 1990

    At, High Court of Delhi

    By, THE HONOURABLE MR. JUSTICE M. SHARIEF UD DIN

    For the Appearing Parties : O.P. Khadaria, Usha Kumar, Advocates.



Judgment Text

MALIK SHARIEF-UD-DIN, J.


The petitioner was prosecuted for using premises No. 17. North Avenue Road, Punjabi Bagh, Delhi, for non-conforming use. He was running a tailoring shop and was found indulging in this activity on 25th November 1980 in the said premises, though the premises falls within the residential zone and could only be used for residential purpose and not for commercial purpose. The inspection was carried out by Shri V.M. Aggarwal, Zonal Engineer.


2. The controversy falls within a very narrow compass inasmuch as even though the petitioner had pleaded not guilty he confessed that he was running a tailoring shop in the garage of the building. The learned court of the Metropolitan Magistrate relying on the prosecution story and evidence found the petitioner guilty and imposed a fine of Rs. 1000, in default simple imprisonment for three months but in appeal the learned Sessions Judge while upholding the finding of guilty reduced the fine to Rs. 400 in default to simple imprisonment to one month. While the appeal was being argued before the learned Sessions Judge, no challenge was thrown to the correctness of the prosecution case that by running the tailoring shop in the residential premises the petitioner had committed a breach of the Master Plan. The only submission made before the Sessions Judge was that a lenient view may be taken.


3. Now, Mr. Khadaria while arguing this petition wants the court to hold that the petitioner had implied permission of the Municipal Corporation of Delhi to run this commercial activity in the residential premises and that this inference may be drawn from the fact that the ground floor of the premises in which this activity is being carried on was being assessed for the purpose of property tax, electricity and water charges as commercial premises from the very beginning. According to him, the Master Plan permits in such areas in which the present is situated that the local authority will conduct quick surveys and permit commercial activities on ad hoc basis. This is because no Zonal Development Plan has come into force in the Punjabi Bagh area which is a free-hold built-up colony.


4. I may make it clear that it is not possible for this court to hold on principle that any business activity can be permitted in a residential premises. That would be against the scheme of the Master Plan and the planned development, of the city of Delhi. It is also not possible for me to hold that simply because the petitioner's premises has been assessed for the purpose of house tax, electricity and water charges as a commercial premises therefore it should be treated as an implied permission by the M.C.D. to run the commercial activity. This is also for the reason that permission to run a commercial activity according to the Master Plan must be based on a survey though quick by the M.C.D. That makes it very clear that the permission by Itself is to be granted according to some scheme. In fact, the case of the petitioner is that he was not aware of the fact that the premises was meant for residential purpose only. If that be so, then the question of implied permission does not arise. The fact that the activity which he was carrying on did not require any licence from the Municipal Corporation and. therefore, he was not required to approach the Municipal Corporation is of no consequence. The important question is that after coming to the conclusion that the premises can only be used for the residential purpose this court on principle will not be able to regularise any violation of the Master Plan if the premises in contravention of the scheme is used for carrying on some business activity. According to Mr. Khadaria this premises was being used for commercial purpose even before 1970. There is no evidence to this effect on record excepting a bald statement of the petitioner himself. Mr. Khadaria further submits that from 1984 onwards

Please Login To View The Full Judgment!

the petitioner has duly licensed to run a tailoring-cum-drapper shop by the M.C.D. in this very premises. This I make a part of the judgment because Mr. Khadaria wants me to do so for whatever reason or consequences. I find no merit in the petition, which is dismissed. However, keeping in view, the long drawn litigation and the agony which the petitioner has undergone, the fine is reduced to Rs. 100. The Petition is disposed of accordingly.
O R







Judgements of Similar Parties

06-05-2020 Triloki Nath Singh Versus Anirudh Singh(D) Thr. Lrs & Others Supreme Court of India
28-04-2020 Sambhu Nath & Others Versus State of U.P. High Court of Judicature at Allahabad
05-03-2020 Saurendra Nath Sen Versus M/s. Ranjan Nirman Pvt. Ltd. & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
10-02-2020 Axis Bank V/S Shyambeer Nath Tiwari and Others. Debts Recovery Tribunal Delhi
07-02-2020 Union of India & Another Versus Deepak Niranjan Nath Pandit Supreme Court of India
07-02-2020 Paras Nath Singh Versus State of U.P. & Others High Court of Judicature at Allahabad
23-01-2020 Governing Body Swami Shraddhanand College Versus Amar Nath Jha & Another Supreme Court of India
07-01-2020 Kamal Nath, Accountant, Divisional Office Tezpur, Sonitpur Versus The Union of India, Represented by the Secretary to the Government of India, Ministry of Communication & IT Department of Posts, New Delhi & Others Central Administrative Tribunal Guwahati Bench Guwahati
07-01-2020 Biswanath Pal Versus Sankar Nath Pal & Others High Court of Judicature at Calcutta
06-01-2020 Surinder Nath Kesar Versus Board of School Education & Others Supreme Court of India
03-01-2020 Prasanta Lenka Versus Birendra Nath Rana High Court of Orissa
24-12-2019 Rabindra Nath Dam & Another Versus State of West Bengal & Another High Court of Judicature at Calcutta
22-11-2019 Dwijendra Nath Mishra Versus State of U.P. & Others High Court of Judicature at Allahabad
14-11-2019 Jayanti Das Nath Versus The Union of India, Represented by the Secretary, To the Govt. of India, Ministry of Defence (D), New Delhi & Others Central Administrative Tribunal Guwahati Bench Guwahati
08-11-2019 Savrunisha & Others Versus Bhola Nath High Court of Judicature at Allahabad
24-09-2019 Dina Nath (D ) By Lrs. & Another Versus Subhash Chand Saini & Others Supreme Court of India
23-09-2019 M/s. Bishamber Dass Pran Nath & Another Versus Madhu Kapoor & Another High Court of Delhi
20-09-2019 Gouri Saha Versus Amarendra Nath Das & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
16-09-2019 National Insurance Company Ltd. Versus Shambhu Nath Upadhyay National Consumer Disputes Redressal Commission NCDRC
28-08-2019 Paras Nath & Others Versus Addl. Dist. Judge A. Nagar & Others High Court Of Judicature At Allahabad Lucknow Bench
28-08-2019 Alok Nath Chandra Versus State Bank of India & Others High Court of Judicature at Calcutta
20-08-2019 Goa State Cooperative Bank Ltd. Versus Krishna Nath A. (Dead) Through Lrs. & Others Supreme Court of India
19-08-2019 Ayodhya Faizabad Development Authority Through Its Vice Chairman, Faizabad Uttar Pradesh Versus Nath Bux Singh National Consumer Disputes Redressal Commission NCDRC
16-08-2019 Sambhu Nath Dan Versus Kanak Kumar Kundu @ Provat Kumar Kundu High Court of Judicature at Calcutta
14-08-2019 M/s. Nath Seeds Ltd. Versus Regional Director E.S.I. Corporation Supreme Court of India
25-07-2019 State Bank of India & Others Versus Atindra Nath Bhattacharyya & Another Supreme Court of India
22-07-2019 Kawsik Nath Versus The State of Tripura & Others High Court of Tripura
16-07-2019 Gouri Saha Versus Amarendra Nath Das & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
15-07-2019 Ganesh @ Lachman Shaw Versus Versus Amar Nath Shaw High Court of Judicature at Calcutta
08-07-2019 Raj Kumar & Another Versus Som Nath High Court of Himachal Pradesh
18-06-2019 Komal Prasad Shukla & Others Versus Raj Nath Yadav & Others High Court of Chhattisgarh
14-06-2019 Amar Nath Versus Bhagat Chand High Court of Himachal Pradesh
14-06-2019 Narendra Nath Mishra & Others Versus Binod Kumar & Another National Consumer Disputes Redressal Commission NCDRC
31-05-2019 Ram Nath & Others Versus State of U.P. High Court of Judicature at Allahabad
31-05-2019 Pranay Nath Versus State of Tripura High Court of Tripura
09-05-2019 Lakshya Nath Sonowal & Others Versus Union of India, Represented by the Secretary to the Government of India, Ministry of Finance, Department of Revenue, New Delhi & Others Central Administrative Tribunal Guwahati Bench Guwahati
08-05-2019 Rabindra Nath Mishra Versus The State of Bihar through its Principal Secretary, Department of Cooperative & Others High Court of Judicature at Patna
08-05-2019 Sambhu Nath Patra Versus State of West Bengal & Others High Court of Judicature at Calcutta
06-05-2019 Ratan Deb Nath Versus The Union of India, Represented by the Comptroller & Auditor General of India, New Delhi & Others Central Administrative Tribunal Guwahati Bench Guwahati
01-05-2019 Triloki Nath Chaudhary Versus Shri Hari Overseas (P) Ltd. High Court of Delhi
30-04-2019 Dew Nath Tiwari & Others Versus Union of India & Others High Court of Judicature at Calcutta
25-04-2019 United India Insurance Company Ltd. & Others Versus Satender Nath Jha & Others High Court of Punjab and Haryana
22-04-2019 P. No. 488714, Shambhu Nath, Washerman, Office of the Commandant & Others Versus The Union of India, Represented by the Secretary to the Government of India, Ministry of Defence, New delhi & Another Central Administrative Tribunal Guwahati Bench Guwahati
17-04-2019 Sri Jitendra Nath Barman & Others Versus The State of West Bengal & Others High Court of Judicature at Calcutta
09-04-2019 Hema Kanta Deka & Others Versus Hemendra Nath Deka & Others High Court of Gauhati
04-04-2019 Atul Chandra Das (D) Through Lrs. Versus Rabindra Nath Bhattacharya (D) Thr. Lrs. & Others Supreme Court of India
29-03-2019 Kashi Nath Singh Versus State of Bihar High Court of Judicature at Patna
28-03-2019 Rajinder Tiwari Versus Kedar Nath (Deceased) Thr. L.Rs. & Others Supreme Court of India
15-03-2019 Uma Nath Rai, Mowblei, Shillong Versus Union of India, Represented by the Director, Anthropological Survey of India, Government of India, Kolkata & Others Central Administrative Tribunal Guwahati Bench Guwahati
08-03-2019 Rabha Ram Nath Versus The Union of India, Represented by the Secretary, to the Govt. of India, Ministry of Defence (D) & Others Central Administrative Tribunal Guwahati Bench Guwahati
07-03-2019 Pushpendra Nath Chouhan @ Manish @ Manoj @ Pappu Baba & Another Versus State of Chhattisgarh High Court of Chhattisgarh
28-02-2019 State of Himachal Pradesh Versus Dina Nath Sharma High Court of Himachal Pradesh
19-02-2019 Nripen Chandra Nath Versus The Union of India, Represented by the Secretary to The Government of India, Department of Post, Ministry of Communication, New Delhi & Others Central Administrative Tribunal Guwahati Bench Guwahati
15-02-2019 Hiran Kr. Nath & Others Versus Rafiqul Islam & Others High Court of Gauhati
14-02-2019 Ratan Deb Nath Versus The Union of India, Represented by the Comptroller & Auditor General of India, New Delhi & Others Central Administrative Tribunal Guwahati Bench Guwahati
14-02-2019 Debashis Nath & Others Versus G M N Construction & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
08-02-2019 Bhupen Nath Versus The Union of India, Represented by the Secretary, Ministry of Defence, New Delhi & Others Central Administrative Tribunal Guwahati Bench Guwahati
06-02-2019 United India Insurance Company Ltd. Versus Ram Nath Singh & Another High Court of Judicature at Allahabad
04-02-2019 Dhian Nath Kapur Versus Pran Nath Kapur High Court of Delhi
04-02-2019 Dhian Nath Kapur Versus Pran Nath Kapur High Court of Delhi
01-02-2019 Badri Nath Peer & Others Versus Simi Peer High Court of Jammu and Kashmir
28-01-2019 Tarak Nath Datta & Others Versus Krishna Chandra Mondal & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
22-01-2019 Sailendra Nath Sarma Versus The State of Assam & Others High Court of Gauhati
21-01-2019 Ratan Nath Versus State of Rajasthan, Through PP High Court of Rajasthan Jodhpur Bench
07-01-2019 Biswanath Pal Versus Sankar Nath Pal & Others High Court of Judicature at Calcutta
04-01-2019 Shambhu Nath Singh Versus East Central Railway National Consumer Disputes Redressal Commission NCDRC
15-12-2018 Harendra Nath Sarma Versus The State of Assam & Others High Court of Gauhati
14-12-2018 Nitumani Nath Versus The Union of India, Represented by the Secretary to the Govt. of India, Ministry of Communications, Department of Posts, New Delhi & Others Central Administrative Tribunal Guwahati Bench Guwahati
13-12-2018 Amar Nath Chowdhary Versus Dewan Izzat Rai Nanda (Deceased) Through Legal Heirs & Others High Court of Delhi
13-12-2018 Ganesh Chandra Nath Versus Arnab Hazarika & Another High Court of Gauhati
12-12-2018 Surinder Kumar Versus Arvind Nath Pathak & Others High Court of Delhi
07-12-2018 Pradip Kumar Nath Versus The Union of India, Rep. by the Secretary to the Government of India, Ministry of Defence, New Delhi & Others Central Administrative Tribunal Guwahati Bench Guwahati
07-12-2018 Rahendra Nath Brahma Versus The State of Assam & Others High Court of Gauhati
30-11-2018 Sudip Kanti Nath Versus The Union of India, Through the Secretary, Ministry of Human Resource Development, New Delhi & Others Central Administrative Tribunal Guwahati Bench Guwahati
30-11-2018 Prithvi Nath Pandey Versus Moti Lal Nehru College & Others High Court of Delhi
20-11-2018 Bhoola Nath Versus State of Uttar Pradesh & Others High Court of Judicature at Allahabad
14-11-2018 Radha Nath Nandy V/S M/s. Merck Limited And Another Supreme Court of India
26-10-2018 Sandhya Basu Mallick & Another Versus Pramatha Nath Sen & Another High Court of Judicature at Calcutta
25-10-2018 Sudip Chandra Nath Versus Md. Abdul Motin Laskar High Court of Gauhati
25-10-2018 Sudip Chandra Nath Versus Md. Abdul Motin Laskar High Court of Gauhati
12-10-2018 Kamal Nath Versus Election Commission of India & Others Supreme Court of India
05-10-2018 Paras Nath Yadav Versus Union of India & Others High Court of Judicature at Calcutta
04-10-2018 Vijay Kumar Puri Versus Rajinder Nath Puri (Since Deceased) Thr Lrs High Court of Delhi
03-10-2018 Shambhu Nath & Brothers & Others Versus Imran Khan High Court of Judicature at Calcutta
27-09-2018 Jitendra Nath Mishra Versus The Union of India, Represented by the Secretary Ministry of Railway, Rail Bhawan, New Delhi & Others Central Administrative Tribunal Guwahati Bench Guwahati
27-09-2018 N. Senthil Nath Versus Karthigai Selvi Before the Madurai Bench of Madras High Court
25-09-2018 Pasupati Nath Das (dead) Versus Chanchal Kumar Das (dead) by L.Rs. & Others Supreme Court of India
24-09-2018 Jadabendra Nath Jana & Others Versus Ananta Kumar Mishra (since deceased) Tapan Kumar Mishra & Others High Court of Judicature at Calcutta
14-09-2018 Hirendranath Nath Versus The Union of India, Rep. by the Secretary to the Department of Posts, Government of India, Ministry of Communication & Information & Technology, New Delhi & Others Central Administrative Tribunal Guwahati Bench Guwahati
14-09-2018 Dina Nath Shaw @ Dino Nath Shaw Versus Mritun alias Mritunjay Dolui High Court of Judicature at Calcutta
06-09-2018 Hirok Chowdhury & Others Versus Khagendra Nath Mandal & Others High Court of Judicature at Calcutta
04-09-2018 Mahendra Nath Verma Versus U.P. State Public Services High Court Of Judicature At Allahabad Lucknow Bench
03-09-2018 Upendra Nath Barman & Another Versus State of West Bengal High Court of Judicature at Calcutta
31-08-2018 State of Sikkim Versus Ram Nath Choudhary High Court of Sikkim
29-08-2018 Sanjay Kumar Versus Amar Nath Shukla High Court Of Judicature At Allahabad Lucknow Bench
21-08-2018 Shravan Nath Versus State of Madhya Pradesh High Court of Madhya Pradesh Bench at Indore
17-08-2018 Ranjana Nath (Das) Versus The State of West Bengal & Others High Court of Judicature at Calcutta
16-08-2018 Rabindra Nath Mahato Versus Mintu Goswami & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
10-08-2018 Pran Nath Kapur (Decd) Thr. Lrs Versus Dhian Nath Kapur High Court of Delhi
06-08-2018 In The Good of: Rabindra Nath Chatterjee (Dec) & Another Versus Siddhartha Chatterjee High Court of Judicature at Calcutta


LawyerServices is a Premium Legal Tech solution.


Lawyers, Law Firms, Government Departments and Corporates rely on us for, Workflow Automation, Data Aggregation, Timely Updates, Case Management, Intelligent Research, Latest Legal Data Updates and a LOT more!

If you are a legal professional, CONTACT US, in order to see how our UNIQUE solution can benefit your organization.

Features Intro Close Box