RAJINDER SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Challenge in the present writ petition is to sub Rules (3) & (4) of Rule 31 of the Punjab Apartment and Property Regulation (First Amendment) Rules, 2010 (for short 'the Rules') and the notification dated 15.04.2011 (Annexure P-5) fixing fee for compounding the offences as ultra vires of the provisions of the Constitution of India. The brief facts are that the petitioner is said to have sold the plots to the various persons and has executed sale deeds on completion of payment in the year 2000-02. An FIR dated 05.12.2002 (Annexure P-1) stands lodged against the petitioner under Sections 3, 5, 8, 9, 14(i), 15 & 18 of the Punjab Apartment and Property Regulation Act, 1995 (for short 'the Act'). Thereafter, the petitioner is said to have made a representation for compounding of the offence on 21.02.2003 for the reason that the plots have been sold prior to the coming into force of the Act.

(2.) For the purpose of adjudication of the present petition, Section 38 of the Act, contemplating compounding of the offences; the relevant extract of the Rules; and the notification prescribing the fee for compounding the offences, are reproduced as under:

(3.) In the said rules, after rule 30, the following rules shall be added, namely:-