The transfer of lessee rights along with the structure in one go does not constitute an offence under Section 7 of the Haryana Development & Regulation of Urban Areas Act, 1975.

R.L.Anand, J.

1. Balbir Singh Chaudhary, petitioner, has filed the present petition under Section 482 Cr.P.C. for quashing the FIR No. 395 dated 2.10.1996, under Section 10/75 of Haryana Development & Regulation of Urban Areas Act, 1975, registered in Police Station, Sadar, Ballabgarh with all consequential proceedings pending in the Court of Judicial Magistrate 1st Class, Faridabad.

2. FIR No. 395 dated 2.10.1996, under Section 10/75, of HUDA Act. was registered in Police-Station, Sadar Ballabgarh at the instance of District, Town Planner (Enforcement) Faridabad who alleged as follows:-

"That the brief facts of the case are that a letter reference No. eligible-1316 DPT (Enforcement)(F) 1309 dated 26.09.1996 was received in the office of the Supdt of Police, Faridabad. The contents of the letter are re-produced hereunder:-

"From the District Town Planner Enforcement, Faridabad to the Supdt of Police, Faridabad. Memo No.l316/DTP 9E(i)-1309 dated 26.9.1996. Subject:- Enforcement of the Haryana Development and Regulation of Urban Areas Act, 1975 lodging of FIR. It is brought to your notice that Shri Balbir Singh s/o Avtar Singh r/o 258 Okhla Indl. Estate Ph-III, New Delhi is the owner of land being the Khewat No. Khatoni No. Khasra No. 44/16, 25, 45/11, 19, 20, 21, 22, 23, situated at village Sikri, District Faridabad. The total area of the mentioned land is about 108 Kanal. He has sub-divided the land into plots for residential/industrial/commercial purposes without obtaining licence from the Director, Town and Country Planning, Haryana as required under Section-3 of the Haryana Development and Regulation of Urban Area Act, 1975. A Location plan of the sites in attached herewith. Out of above plots No. (5) the provisions of Clause (1) of Section -7 of said Act. This action on the part of Sh. Balbir Singh s/o Avtar Singh constitutes an offence punishable under Section 10 of the Haryana Development and Regulation of Urban Areas Act, 1975. The place of commission of the said offence falls within the jurisdiction of Police Station Sadar, Ballabgarh. The registration particulars of the plots sold are given in the attached list. The offence committed as mentioned above may please be got investigated and FIR registered. The sanction of Director, Town & Country Planning Haryana Chandigarh may please be obtained before putting the challan in the Court as required under Section 11 of the said Act."

3 On the basis of the above allegations, challan has also been submitted against the petitioner.

4. In the present petition, it has been alleged by the petitioner Shri Balbir Singh Chaudhary that vide registered deed dated 27.3.1996, he had sold and transferred lease hold rights in favour qf M/s Wadhwa Engineering Company V-502, New Friends Colony, New Delhi. He has not divided the land into sub-plots but had sold the entire lessee rights to the Company vide registered sale deed the copy of the which is Annexure P-1. It was also alleged by the petitioner that whole of the area of 108 Kanals of agricultural land which was on lease with him has been transferred. Since there is no division of the land, therefore, the provisions of Section 7 of the Act are not attracted. The complaint does not disclose any cause of action, therefore, it should be quashed.

5. Notice of the petition was given to the respondent who filed the reply and denied the allegations. The stand of the respondent is as follows:-

"That contents of para Nos. 2 and 3 of petition are wrong and denied. It is submitted that Balbir Singh Chaudhary petitioner had only lease hold rights in land in question measuring 108 kanals and situated in village Seekri. It is added that petitioner had constructed a factory in the above said area and vide Regd. Sale Deed dated 27.3.1995 he sold the factory area/industrial unit to M/s Wadhwa Engineering Company, V-502, New Friends Colony, New Delhi. In this manner he has sold factory-cum-Industrial area and not agricultural land as requested