STATE OF HARYANA Vs. HONA RAM

JUDGEMENT

(1.) THE State of Haryana has filed this appeal against the judgment dated 2-6-1986 passed by the Judicial Magistrate 1st Class, Sonepat, by which the respondents have been acquitted of the charge under Section 10 of the Haryana Development and Regulation of Urban Areas Act, 1975 (hereinafter called the Act ).

(2.) THE facts of the case are that the District Town Planner, Sonepat, wrote a letter to the Station House Officer, Sonepat City, stating that the respondents had contravened Section 7 (i) of the Act by dividing and transferring their land, measuring more than 1,000 square meters, into plots without obtaining a lience from the Director, Town and Country Planning Department, Haryana, Chandigarh, as required under Section 3 of the Act and, therefore, the respondents had committed an offence punishable under Section 10 of the Act. On the basis of this letter, First Information Report was registered and a challan was presented before the trial Judge. During the trial, an application was filed by the learned counsel for the respondents stating therein that HO offence under the Act is made out against the respondents because they had not sold plots of more than 1,000 square metres each to reader them liable for penalty under Section 10 of the Act.

(3.) THE relevant provisions of the Act, which are attracted to the facts of the present case, are as under: