HARISH CHANDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) - An F.I.R. (No. 832 dated December 4, 1990) was registered by the Police at Police Station City, Gurgaon, against the petitioner, Harish Chander, under Section 7/10, Haryana Development and Regulation of Urban Areas Act, 1975 (for short, the Act). This case was registered on the basis of a letter dated November 20, 1990 from District Town Planner (Enforcement), Gurgaon.

(2.) THIS petition under Section 482, Criminal Procedure Code, has been filed by the petitioner-accused for quashing the F.I.R. and staying his arrest.

(3.) LEARNED counsel for the petitioner-accused has argued that the petitioner was the owner of land bearing Khewat No. 565/529, Khatoni No. 618 and Khata No. 242 situated in village Hidayatpur Chhavani, Hadbast No. 25, Tehsil and District Gurgaon. The petitioner, in pursuance of the family arrangement in 1963 between him and his real brothers, Ram Chander and Tek Chand, alienated the land to his brothers and nephews. No offence was, therefore, made out against the petitioner. It is also argued that the area of each plot of land transferred by the petitioner was less than 1,000 square metres and was, thus, exempted under Section 9 of the Act. Moreover, no sanction for prosecution was obtained from the Director, Town and Country Planning, Haryana. It is further contended that the land in question was not an urban area and was actually an agricultural land. Since the land under family arrangement has been sold by the petitioner to his brothers, no offence is made out.