JAGDISH Vs. STATE OF HARYANA

JUDGEMENT

(1.) A complaint was filed against the petitioner, Jagdish by the State of Haryana through its District Town Planner, Bhiwani, alleging that land comprising of Khasra No. 122/12 situated on the Loharu Road, Government Hatchery and Poultry Farm, Bhiwani, falls within the revenue estate of village Halluwas. It was declared as a controlled area vide the Haryana Government, notification dated 26.3.1976. The said land was lying vacant at the time of the notification. Petitioner raised unauthorised construction on the said land without prior permission of the Director, Town and Country Planning, Haryana, Chandigarh. It was noticed on October 30, 1986 and report regarding raising of residential construction by the petitioner was made. A show cause notice was served on the petitioner to stop the construction but he went on raising the same. The petitioner was alleged to have violated Sections 3 and 7(1) of the Punjab Scheduled Road and Controlled Areas Restriction of the Un- regulated Development Act, 1963 (in short the Act).

(2.) THE Chief Judicial Magistrate, Bhiwani on January 22, 1994 held the petitioner guilty of the offences under Section 12(1)(a) and (b) of the Act for violation of various provisions of Sections 3 and 7(1) of the Act. He was sentenced to undergo rigorous imprisonment for one year and pay a fine of Rs. 3,000/-. In default of payment of fine the petitioner was to undergo rigorous imprisonment for another three months. Appeal filed by the petitioner was dismissed by the Additional Sessions Judge, Bhiwani on December 23, 1994.

(3.) THE main thrust of the arguments of the learned counsel representing the petitioner was that the land in question was situated within the municipal area, Bhiwani. He relied on the copy of the sale deed so as to assert that as per recitals therein the land must be taken to be situated within the municipal area of Bhiwani.