SHER SINGH Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) The crux of the facts and material, which needs a necessary mention, for the limited purpose of deciding the core controversy, involved in the instant petition and emanating from the record , is that, taking into consideration the grave inaction of public authorities, to prevent the unauthorized colonies, a Division Bench of this Court, in case, Harminder Singh Vs. State of Punjab and others, in Civil Writ Petition No. 2854 of 2012, directed the respondent-State authorities, to take necessary action against the guilty colonizers, in this respect, vide order dated 15.02.2012 (Annexure P-2).

(2.) Sequelly, complainant executive officer of Municipal Council, Ferozepur City-respondent No.2 (for brevity 'the complainant), has lodged the present FIR against the petitioner-Sher Singh son of Darbara Singh and his other co-accused Mangat Ram Chopra Promoters, inter alia, alleging therein that they have carved out an illegal colony on the area measuring 3.4 acres situated in Shanti Nagar, Near BSM High School, Near Railway Line, within the limits of Municipal Council, Ferozepur, without obtaining any license/sanction from the competent authority. It was claimed that even they have not deposited the statutory assessed charges; (i) share of cost with regard to water sewerage, (ii) basic trunk charges and iii) urban development cess, total amounting to Rs. 29.46 lac, to the relevant authorities. In this manner, the petitioner and his other co-accused were stated to have violated the provisions of Section 36(1) of the Punjab Apartment and Property Regulation Ac, 1995 (hereinafter to be 'the Act'). In the background of these allegations and in the wake of complaint of complainant, the present case was registered against the petitioner and his other co-accused, vide impugned FIR No.157 dated 06.06.2012 (Annexure P-1), for the commission of offences punishable under Section 36(1) of the Act, by the police of Police Station City Ferozepur, in the manner depicted hereinabove.

(3.) Instead of submitting to the jurisdiction of the trial Court, the petitioner-accused Sher Singh son of Darbara Singh, has preferred the instant petition to quash the impugned FIR (Annexure P-1) and all other consequential proceedings therefrom, invoking the provisions of Section 482 Cr.P.C., inter alia, pleading that the petitioner was neither actual owner of the land nor, in any way, connected with the establishment of indicated illegal colony.