KRISHNA DEVI Vs. STATE OF HARYANA

JUDGEMENT

(1.) SMT Krishna Devi and her husband Jai Kishan, petitioners, sold their joint holdings of land located within the urban limits of Sirsa town to different persons through five saledeeds. The sixth sale deed was executed by their son Yogesh. Those persons had not obtained the licence from the requisite Authority under section 3 of the Haryana Development & Regulation of Urban Areas Act, 1975 (for short 'the Act') for developing the agricultural land as "colony". In these circumstances, a case under section 7, punishable under section 10 of the Act was registered against them on December, 17 1990.

(2.) THROUGH this petition under section 482 of the Code of Criminal Procedure, the petitioners seek the quashment of the First Information Report and resultant proceedings there from inter alia on the ground that areas sold by the individual land -owner being less than 1000 square metres, it does not fall within the definition of "colony" figuring in clause 2(c) of the Act.

(3.) I have heard the learned counsel for the' parties, besides perusing the record. Under the provisions of the aforesaid Act, in order to check the growth of haphazard colonies in the urban areas of towns in the Haryana State, the above referred Act was enacted. The provisions of section 3 of the Act provides that no person will develop a colony without permission of the concerned authorities but the definition of "colony" figuring in section 2(c) of the Act reveals that sale of land for agricultural purpose or transfer of land by inheritance, succession or partition of joint holdings of the area for sale being less than 1000 square metres has been exempted from the application of this Act The definition of "colony" figuring in clause 2(c) of the Act reads as under: "2(c) "colony" means an area of land divided or proposed to be divided into plots for residential, commercial or industrial purposes, but area of land divided or proposed to be divided: I. for the purpose of agriculture; or II. as a result of family partition, inheritance, succession or partition of joint holding not with the motive of earning profit; or III. in furtherance of any scheme sanctioned under any other law; or IV. by the owner of a factory for selling up a housing colony for the labourers or the employees working in the factory; provided there is no profit motive; or V. when it does not exceed one thousand square metres, shall not be a colony." On the basis of clause (ii) of section 2(c) of the Act providing the area of land to be divided through succession, partition of joint holding or through family partition, Mr. Bishnoi contended that the entire area of joint holdings sold by different owners has to be calculated as one unit for the purpose of assessing whether it exceeds 1000 square metres, and not the entire area of land of joint holdings sold by them.