INDERAWATI Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a petition filed by Sarvotam Sharma General Power of Attorney of Smt. Inderwati under Section 482 of the Code of Criminal Procedure for quashing the FIR No. 252 dated 12. 7. 1993 under Section 10 of the Haryana Development and Regulation of Urban Areas Act, 1975. The first information report has been registered at Police Station Sadar, Bhiwani.

(2.) THE facts alleged are that Smt. Inderwati is the owner of land comprising in Khasra No. 29/7,8,13,14 and 18/1 situated in village Rajpura Kharkhori. The impugned first information report was lodged on the basis of a complaint from the District Town Planner, Bhiwani addressed to the Senior Superintendent of Police, Bhiwani. It has been alleged that petitioner-Smt. Inderwati being the owner of the above said land has developed certain commercial/residential plots without obtaining the licence under Section 3 of the said Act and sold the plots thereby contravening the provisions of the Act. Petitioner seeks that the said first information report should be quashed because mandatory provisions envisaged under Sub-sections (2) and (3) of Section 10 of the Haryana Development and Regulation of Urban Areas Act, 1975 had not been complied with. No such notice had been issued to the petitioner. It was further contended that under Section 13 of the Act, there could be a composition of the offence. That being so a notice should have been issued before registering the first information report. The area was stated to be outside the limits of Municipal Committee, Bhiwani. The Government of Haryana has not specified the area in which the land belonging to the petitioner was situated. The provisions of the Act were not attracted. It was also alleged that no previous sanction required under Section 11 of the Act has been obtained.

(3.) THE Haryana Development and Regulation of Urban Areas Act, 1975 seeks to regulate the use of land in order to prevent ill-planned and haphazard urbanization in or around towns in the State of Haryana. For violation of the provisions of the Act, penalties have been provided in the form of punishment under Section 10 of the said Act. Section 11 of the Act, however, reads :" 11. Prosecution.- No prosecution for any offence punishable under this Act shall be instituted except with the previous sanction of the Director or any officer authorised in writing by him in this behalf.