GURBACHAN LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Special leave granted limited to the question of sentence only.

(2.) There is no ground to interfere with the judgment of the courts below. On a consideration of the evidence, the learned Additional Sessions Judge has convicted the appellant under S. 11 (1) of the Punjab Regulation of Colonies Act, 1975. Undoubtedly, the act of the appellant as co-sharer of a compact block of land admeasuring 36 kanals 18 marlas in carving out and selling distinct plots in favour of a number of persons, at least five in number, for the purpose of construction of residential houses, amounts to a contravention of S. 3 (1) , 4 (2) and 8 (1) of the Act. No other view than the one reached by the learned Additional Sessions Judge is possible. As regards the sentence although the appellant is guilty of violation of the provisions of a consequential legislation, we feel that a sentence of rigorous imprisonment for a period of six months with enhanced fine of Rs. 1,000. 00 or in default, to further undergo rigorous imprisonment for a period of six months would meet with the ends of justice. We order accordingly. The amount of fine shall be deposited in the court of the Judicial Magistrate, First Class, Jullundhur within two weeks from today.

(3.) With this modification, the appeal is dismissed.