AMRAJ SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) AMRAJ Singh through present petition filed by him under Section 482 of the Code of Criminal Procedure seeks quashing of FIR No. 73 dated 6.3.1990 under Section 10 of the Haryana Development and Regulation of Urban Areas Act, 1975 (hereinafter to be referred to as the Act) as also further proceedings arising thereof.

(2.) THE core of offence alleged against the petitioner is that be, being the attorney of Surjit Singh sold 1320 sq. yards of land along with one Prem Singh who owned total area of 6 kanals 10 marlas in village Bakfi, District Karnal and subdivided the land into plots for residential/commercial/industrial purposes without obtaining licence from the Director, Town and Country Planning, Haryana, Chandigarh, as provided under Section 4 of the Act and, thus, violated provisions of Section 7(1) of the Act.

(3.) LEARNED counsel for the respondent-State, however, contends that inasmuch as it is the sale of land measuring more than 1000 sq. yards, it shall not make any difference that the different owners owned less than 1000 sq. yards and, thus, the petitioner would be liable for the offence in question.