HEM SINGH BHARANA Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONER is in custody in case FIR No. 261 dated August 16, 2014 under Section 10 of the Haryana Development and Regulation of Urban Areas Act, 1975, for short 'the Act' and under Sections 406, 420, 120B IPC registered at Police Station Rajendra Park, Gurgaon and FIR No. 85, dated March 21, 2015, under Section 10 of Haryana Development and Regulation of Urban Areas Act, 1975 registered at Police Station Rajendra Park, Gurgaon.

(2.) THIS order will dispose of a petition for grant of regular bail in case FIR No. 85 dated March 21, 2015 under Sections 406, 420 IPC read with Section 10 of the Haryana Development and Regulation of Urban Areas Act, 1975, for short 'the Act', at Police Station Rajendra Park, Gurgaon, which was registered at the instance of District Town Planner (Enforcement), Gurgaon, vide complaint dated March 13, 2015 for lodging FIR against M/s. Desert Moon Realtors Pvt. Limited for violating condition of licence and provisions of Section 7 (1) of the Act, on the ground that the said Company had been granted licence No. 94 dated September 5, 2012 by the Director General Town and Country Planning under Section 3 of the Act for developing residential group housing project on land measuring 10.919 acres in the revenue estate of Village Daultabad, Sector 103, Gurgaon. Condition No. 5 of the licence has been violated as advertisement for sale of flats/ office/ floor area had been issued before approval of the lay out plan/ building. M/s. Desert Moon Realtors Pvt. Limited is subsidiary company of M/s. ADEL Land mark Limited. One investor Parveen Kundu has paid Rs. 9,02,500/ - for booking Unit No. B -3/204 in the project called Cosmo City, Sector 103, Gurgaon launched by M/s. Desert Moon Realtors Pvt. Limited through M/s. ADEL Land Mark Limited. Demand of Rs. 40700000/ - vide two letters has been raised. The provisions of Section 7(i) of the Act stand violated. Similar complaints were received from Pushkar Shanker Shukla, Pawan Kharbanda, Col. Balbir Singh etc.

(3.) WHEN the matter was taken up on September 28, 2015 for arguments, Mr. J.S. Bedi, Senior Advocate prayed for extension of time ensuring that the petitioner would be able to satisfy all the aggrieved persons especially the ones who had not been allotted any unit. The matter was thereafter taken up on September 30, 2015 and bail granted to the petitioner was extended till October 9, 2015 by passing the following order: - -