RAKESH KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this petition is for quashing of FIR No. 14 dated 24.02.2012, registered under Sections 36(1) and 36(3) of the Punjab Apartment and Property Regulation Act, 1995 (for short 'PAPRA') along with all the subsequent proceedings including the report submitted under Section 173 Cr.P.C.

(2.) Brief facts of the care are that respondent No. 2/complainant, a Junior Engineer in the office of Additional Chief Administrator, Punjab Urban Development Authority, Patiala (for short 'PUDA'), submitted a complaint for registration of FIR with the allegations that Amarjit Singh, Mukhtiar Kaur, Santokh Kumari, Gurbachan Singh, Rita Rani, Joginder Singh, Surjan Singh, Jeet Singh and Sardul Singh, as detailed in the FIR, are owners of the land situated in the revenue estate of village Nanowal, Tehsil Bhadson, District Patiala, measuring 163 bighay 9 bisway and they have carved out an unauthorized colony and have violated the provisions of Sections 36(1) and 36(3) of the PAPRA which provides that the land measuring more than 100 sq. yards cannot be converted into residential/industrial plots without getting registered as a 'promoter' with the competent authority (PUDA) and without obtaining a licence from the competent authority. It is further stated in the FIR that as per Gazette Notification dated 19.03.2007, issued by the Punjab Government Housing and Urban Development Department, the Additional Chief Administrator, PUDA, Patiala is authorized under Section 38(1) of the PAPRA to grant sanction for the prosecution. In the FIR, it is further stated that upon inquiry from the Patwari, it was found that aforesaid persons are the owners of the land and have started carving out residential plots without getting themselves registered as a promoter and without obtaining a licence from the competent authority and thus, they have violated the provisions of Sections 3(1), 5(1) and 21(1) of the PAPRA and further by violating Sections 9, 14(1)(2), 15 and 18(1) of the PAPRA, they have committed the offence punishable under Sections 36(1) and 36(3) of the PAPRA. It is further detailed in the FIR that on the basis of the inquiry, conducted by the Junior Engineer, the S.S.P., Patiala has recommended to register the FIR against the aforesaid persons as they have entered into agreements to sell of the land @ Rs. 2400/- per sq. yard to the petitioners (who were the proposed buyers), vide various agreements to sell executed in the year 2011 and the stipulated date for execution of sale deeds was fixed as 30.05.2012. As per agreements to sell, proposed buyers (petitioners herein) have obtained permission from the seller/owners/aforesaid persons that they may sell the land either as a single plot or in small plots. It is further stated that the proposed buyers (petitioners) have started carving out plots and have constructed temporary unmetalled (Kachcha) road without taking approval from the PUDA and thus, they have committed offence punishable under the penal provisions of PAPRA.

(3.) The impugned FIR was registered on 24.02.2012 and thereafter, the petitioners applied for bail and have filed present petition seeking quashing of the FIR, which is pending since 2014.