JAGGA SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) - Through this Crl. Misc. petition filed under Section 482 Cr.P.C., Jagga Singh seeks the quashing of case FIR No. 45 dated 14.3.1987 registered under Section 10 of Haryana Development and Regulation of Urban Areas Act, 1975 (hereinafter to be referred as Act) of PS City Thanesar against him. He has prayed for the quashment of charge sheets Annexures P.3 to P.7 drawn up in the cases.

(2.) IT is averred by Jagga Singh that this father Niranjan Singh was the owner of the agricultural land situated at village Mirzapur, Tehsil Thanesar, Kurukshetra. He was in need of money for the purchase of some other land. He was an old man unable to effect sales himself. He accordingly appointed him as general attorney through a registered general power of attorney No. 156/4 dated 29.1.1986 registered by Sub Registrar, Thanesar. On the strength of that general power of attorney executed by his father in his favour, he sold his land to various purchasers vide registered sale deeds. On 27.2.1987, letter No. 349 DTP(KK) Annexure P.1 was written by the Field Investigator working in the office of District Town Planner, Kurukshetra to Superintendent of Police, Kurukshetra saying that he (petitioner) had violated the provisions of the Haryana Development and Regulation of Urban Areas Act, 1975 and that case be registered against him. Case FIR No. 45 Annexure P.2 was registered against him at PS City Thanesar on 14.3.1987 in pursuance of that letter Annexure P.1. Police of PS City Thanesar submitted 5 different challans arising out of FIR No. 45 (ibid) against Jagga Singh and his father Niranjan Singh. Shri R.R. Banswal, District Magistrate, Kurukshetra granted sanction for their prosecution without application of mind in a mechanical manner though he was not authorised by the Director, Town and Country Planning, Haryana to grant sanction for their prosecution. Sanction order is on a cyclostyled proforma. At the time of granting sanction, only some columns were filled. Order of Shri R.R. Banswal, District Magistrate, Kuruksherta is without any authority delegated to him and is defective as no offence is made out with respect to 5 challans submitted in the Court viz. Challan No. 242/3, 243/3, 244/3, 245/3, 246/3 of 1988. Each of the sales effected by him as general attorney of his father embraces an area measuring less than 1000 sq. metres so far as aforesaid challans are concerned. Effecting the sales covered by the aforesaid challans did not tantamount to the setting up of a colony as defined in Section 2(c) of the said Act, as the area sold did not exceed 1000 sq. mt. in any of the aforesaid challans. In Challan No. 242/3 of 1988, the total area sold to Lachhman Dass, Remeshwar and Krishan Chand vide sale deeds No. 1606, 1607 and 1608 on dated 16.6.1986 measured only 1 kanal 13-1/2 marlas i.e. far less than 1000 sq.mt. Similar is the position with regard to total area covered by challan Nos. 243/3, 244/3, 245/3, 246/3 of 1988. In none of the challans, in which charge has been framed, there is no sales where the area sold is more than 1000 sq.mt. It is further averred that Jagga Singh had acted only as agent. If at all, Niranjan Singh the principal can be prosecuted and not he who is merely an agent. It is further averred that he has been facing the agony of trial since 14.3.1987. No progress has been made towards trial so far. Only one PW has been examined so far in the said case.

(3.) 'Colony' has been defined in Section 2(c) of the Haryana Development and Regulation of Urban Areas Act. 1975 as follows :-