The definition of 'colony' under the Haryana Development and Regulation of Urban Areas Act excludes areas below 1000 sq. mtrs., thus no offence was committed by the petitioners.

JUDGMENT

Pankaj Jain, J. (Oral)

Since the issue involved in all these petitions is similar, these petitions are being decided by a common order. For the sake of convenience, the facts are being taken from CRM-M-46640-2023.

2. The petitioner (s) have approached this court under Section 482 Cr.P.C. seeking quashing of FIR No. 0010 Dated 07.01.2022 (Annexure P-8) registered under Sections 10 & 7(i) of the Haryana Development and Regulation of Urban Areas Act, 1975 (for short 'the Act, 1975') at Police Station Adarsh Nagar, Ballabgarh, District Faridabad, challan dated 25.05.2022 (Annexure P-9) and all consequent proceedings arising thereof.

3. The petitioner along with his two brothers (petitioners in connected petitions) jointly executed two sale deeds dated 21.01.2008 and 02.04.2008 both measuring 112 sq. yards each. The share of the petitioner(s) in the above-mentioned sale deeds comes out to be 74.66 sq. Yards each (61.82 sq. Mts).

4. Petitioner in CWP No.46640 of 2023-Ramesh Chand has sold land measuring 98 sq. yards by sale deed dated 01.07.2013, land measuring 98 sq. yards by sale deed dated 12.06.2017, land measuring 60.66 sq. yards by sale deed dated 28.11.2017 and land measuring 112 sq. yards by sale deed dated 23.08.2018. Therefore, the petitioner Ramesh Chand by aforesaid four sale deeds has sold total land measuring 368.66 sq. yards (305 sq. mts.). Petitioner in CWP No.46705 of 2023-Suresh Chand has sold land measuring 83.3 sq. yards by sale deed dated 02.05.2013, land measuring 83.3 sq. yards by sale deed dated 04.08.2014 and land measuring 98 sq. yards by sale deed dated 21.01.2020. Therefore, the petitioner Suresh Chand by aforesaid three sale deeds has sold total land measuring 264.6 sq. yards (221.4 sq. mts.). Petitioner in CWP No.46811 of 2023-Naresh Chand has sold land measuring 98 sq. yards by sale deed dated 08.04.2016, land measuring 98 sq. yards by sale deed dated 03.06.2017 and land measuring 98 sq. yards by sale deed dated 06.08.2018. Therefore, the petitioner Naresh Chand by aforesaid three sale deeds has sold total land measuring 294 sq. yards (246 sq. mts.).

5. They were accused of having carved out unauthorized colony as alleged in the FIR as under:-

"Sh. Suresh Chand and other, Sh. Suresh Chand, Ramesh Chand, Naresh Chand S/o Sh. Vishamber Daya, r/o Village Ballabgarh Tehsil Ballabgarh, District Faridabad has carved out an unauthorised colony over the land bearing Khasra No. 81//11, 12 in the Revenue estate of village-Ballabgarh, Tehsil Ballabgarh, District Faridabad in violation of Section 3, 7 (i) (ii) of Haryana Development and Regulation of Urban Area Act, 1975 (hereinafter referred to as Act No. 8 of 1975) and Rules framed there under. The aforesaid site/land belongs to Sh. Suresh Chand, Ramesh Chand, Naresh Chand S/o Sh. Vishamber Daya, r/o Village Ballabgarh Tehsil Ballabgarh, District Faridabad through Jamabandi year 2016-17. The show cause notice bearing memo No. 1575 dated 19.10.2021 and restoration order vide memo No. 1636 dated 11.11.2021 were issued respectively against unauthorised colonization under the provision of 10(2) of Act No. 8 of 1975. Ss/o Sh. Vishamber Daya, r/o Village Ballabgarh. 2. The aforesaid site falls within notified Urban Area of Faridabad. The Section 3 of Act No. 8 of 1975 provides that the land owner shall get a licence from the Director, Town Country Planning, Haryana, Chandigarh before carving out a colony within any notified Urban Area. Further, Section 7(i) of Act No. 8 of 1975 prohibits advertisement and transfer of land by way of sub division for the purpose of carving out a colony and Section 7(ii) of the Act ibid prohibits any type of construction in a colony for which license under Section 3 of the Act of 1975 has not been granted/obtained by the concerned land owners. Whereas, the above named offenders have violated the provisions of Section 3, 7(i) (ii) read with Section 2(c) of the above named offenders have violated the provisions of Section 3, 7 (i) &