LAXMANDASS KRISHNANI Vs. MUNICIPAL COUNCIL, GUNA AND ANOTHER

JUDGEMENT

(1.) This petition under section 482 of CrPC has been filed against the order dated 19.2.2016 passed by Illrd Additional Sessions Judge, Guna in Criminal RevisionNo.212/2015 by which the order dated 13.10.2015 passed by JMFC, Guna in Criminal Case No.2099/2010, framing charge under section 339-C of Madhya Pradesh Municipalities Act, 1961, was affirmed.

(2.) The necessary facts for the disposal of the present application in short are that the respondent No.1 filed a criminal complaint against the applicant for offence under section 339-C of Madhya Pradesh Municipalities Act. It is the case of the respondents that the applicant is a Bhumiswami of Agricultural land bearing Survey No.1176/1/6 area 0.248 hectare which is situated within the limits of the Municipal Council. A person who is intending to take up a work of establishment of the colony(s) in the area of Municipal Council for the purposes of dividing the land into plot with or without developing the area, transfers or agrees to transfer gradually or at a time, to persons desirous of settling down on those plots by constructing residential or non-residential or composite accommodation is required to get himself registered as a colonizer as per the provisions under section 339-A of Madhya Pradesh Municipalities Act. After obtaining the registration, the applicant was required to get tike land diverted as per the provisions of section 172 of the MPLR Code. It was further alleged that after getting the land diverted, the applicant was required to carry out certain development works as per the provisions of Madhya Pradesh Nagar Tatha Gram Nivesh Adhinium. It was also alleged that without getting himself registered as a colonizer and without getting the land diverted, the applicant, with an intention to establish the colony, divided the entire land in different plots and started selling the same and, thus, violated the statutory provisions. The SDO, Guna, by its order dated 22.9.2010, informed the respondent that the applicant by executing registered sale deeds on 23.11.2009, 1.12.2009,1.6.2009,12.8.2009,12.8.2009 and 5.6.2009 has sold the plots to different persons and has also started raising construction of a colony. Thus, it was alleged that the applicant has violated the provisions of Madhya Pradesh Nagar Palika (Registration of Colonizer, Terms and Conditions) Rules, 1998 as well as under section 339-A of Madhya Pradesh Municipalities Act, 1961. The applicant has not obtained any permission under any statutory provisions and, accordingly, the complaint was filed.

(3.) By order dated 13.10.2015, the Magistrate rejected the contention of the applicant that the complaint has been filed by an incompetent person and, accordingly, framed charge under section 339-C of Madhya Pradesh Municipalities Act and fixed the case for recording of evidence of the witnesses.