MANGE RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) Mange Ram has filed this petition under Section 482 Code of Criminal Procedure for quashing the FIR 531 dated 27/12/1990, under Sections 10/ 7/75 of the Haryana Development and Regulation of Urban Areas Act, 1975, (hereinafter called the Act), which was registered at the instance of District Town Planner, Hissar respondent No. 2.

(2.) The allegations mentioned in the FIR are as under :- "From DTP HSR to S. P. HSR memo No. 1822 DTP (E) Dt. 26-11-90 Sub :- Infrigement of the Haryana Development and Regulation of Urban Area Act, 1975 - lodging of FIR. It is brought to your notice that M/ s. Bharat Property Dealer near Bus Stand, Hissar Phone No. 2906 has advertised in Parva at 9-11-90 for sale of Residential/Industrial/ Plot in New Auto Market Colony, Sirsa Road, Hissar without obtaining a licence from the Director Town Planner Haryana as required under Section 3 of the Haryana Development and Regulation of Urban Areas Act 1975. The photo of the unauthorised colony is attached herewith. He has thus contravened the Section 7(i) of the said Act. This act on the part of M/s. Bharat Property Dealer, near Bus Stand Hissar, constituted an offence punishable under Section 10 of the Harayana Development and Regulation of Urban Areas Act, 1975. The place of occurrence falls in the jurisdiction of the Police Station Sadar, Hissar. The offence committed as mentioned above may please be got investigated and FIR registered. The sanction of law of the District Magistrate, Hissar may please be obtained before putting the challan in the Court as required under Section 11 of the said Act." The petitioner has alleged in para 4 of the petition that he is neither owner, shareholder or proprietor and he has no relationship directly or indirectly with any colony, therefore, question of infringement of S. 3 of the Act does not arise and no offence under S. 7 of the Act is made out against the petitioner.

(3.) The advertisement which appeared in the newspaper "Parva" daily dated 9/11/1990 reads as under :- "Contact for purchase and sale of shops and plots in New Auto Market Sirsa Road Hissar. Bharat Property Dealer, Hissar Phone No. 2906."