LAWS(P&H)-2012-12-186

TARLOK SINGH Vs. PUNJAB URBAN DEVELOPMENT AUTHORITY AMRITSAR

Decided On December 07, 2012
TARLOK SINGH Appellant
V/S
Punjab Urban Development Authority Amritsar Respondents

JUDGEMENT

(1.) Petitioner has preferred this petition under Sec. 482 of the Code Criminal Procedure, 1973 seeking quashing of the complaint No. RBT 796 dated 12.6.2004 titled as PUDA Vs. Bhagat Kaur (Annexure P1) and summoning order dated 25.8.2011 (Annexure P3) alongwith all consequential proceedings arising therefrom.

(2.) Learned counsel for the petitioner has submitted that as per Sec. 38 of the Punjab Apartment and Property Regulation Act, 1995 (for short "the Act"), no prosecution can be launched against any person except with the previous sanction of the competent authority. The property in question was situated at Amritsar. As per the notification dated 10.9.1998, the Additional Chief Administrator was the competent authority to grant sanction with regard to the District Amritsar. In the present case, the sanction for prosecution had been granted by the Additional Chief Administrator, Jalandhar. Hence, the complaint in question could not proceed.

(3.) None has appeared on behalf of the respondent despite service.