C51 Revl v. Udham Singh

Learned counsel t he pet it ionerarguedt hat I ani bearingkhasra no 2205 and 220611 was owned by Udham Sinsll Five different sale deed were execut ed First sale deed is dat ed 5 1992 in favour of Darshan Singh Second sale deed is dat ed 4 5 1992 in favour of Balwinder singh Third sale deed is dat eo 1 8 1992 in favour of Kulwant Kaur Fourt h saie deed is dat ed 5 23 4 1992 in favour of RachhpalSingh Fift h sale deed also dat ed 234 1992 was execut ed in favour of Prabha BansaI SaI e deed were execut ed t hroughat t orneywit hout obt ainingI icence When t he I and was convert ed int o a colonyby execut ingfive or m ore t han five sale deeds t hen vendor is I iablefor punishm entunder t he Act Learned counselfort he respondentarguedt hat as per st orysale deed dat ed 23 41 992 was execut ed in favour of Prabha Bansal but Prabha Bansal appearedin t he Court and cat egorically st at ed t hat she had not purchasedpropert ybearingkhasra no2205 or 220611 Prabha Bansal was not got declared host ile No request KUMAR SURESH SHAM LAL 2012.10.10 16: 10 True Scanned Copy of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:21 I attest to the accuracy and integrity of this document 0 0 0 I C5 a 61 0 Sri Rev No420 01 2004 12 t o reexam ine PrabhaBansal Secondlyno wit ness of t he sale deed No evence on t he file t hat I and sold as per different sale deed was resident ial com m ercial or indust rial or anot her purpose Record rat her shows t hat I and is under cult ivat ion Out side t he I im it sof Phagwarat here is no const ruct ion Subm ission of t he I earned counsel for t he resporiderlt seem s t o be reasonable one Presum ingUdham Sj nght o be owner of khasra n 2205 and 220611 and execut ion of four sale deeds dat ed 65 1992 4 5 1992 711992 and 2341 992 t hroughat t orney I S correct one Quest j on is whet her respondent shad com m it t ed any offence punishableunder t he Act b execut I ng5t ll sale deed Aft er charge respondent shave request edfor furt her crossexam inat ion of t he wit nesses but t he wit nesses were 70t producedfor fuit her crossexam inat ion Fift h sale deed dat ed 234 1992 was in favour of Prabna Bansal Prabha BansaI appearedas wit ness on behalf of t he but Prabha Bansai specificallyst at ed t hat she did riot purchaseplot vide anot her regist eredsale deed out of khasra n0 22051220611 Prabha Bansal was not got declared host ile request t o reexam ine No effort was m ade t o exam ine t he m arginal wit ness of t he sale deed allegedt o have been execut ed infavour 01 Prabha Bansal Evidence t he file shovvs t hat t here is n0 corI st ruct ior Secondly t he propert ysold I S out sde t he rriunicipai I im it s of PhagwaraCit y Phot ocopyof t he j am abandifor t he year 1988 089 was producedat t he t im e of argum entand t he sam e t aken on record Ent res of t he iarnabandishows t hat khasa no 22115 I S JOYTI RANI 2016.03.28 16:21 I attest to the accuracy and integrity of this document KUMAR SURESH SHAM LAL 2012.10.10 16: 10 True Scanned Copy of The Original PHHC,Chandigarh 1 0 C I C5 I Z 42 pP 62 0 9rRev No1200f 2004 4 and 220611are chahl As per Sect I on 2C definit lon of t he colonylS as underl 6c1Colony m eans a com pactarea 01 I and which has been divided or is proposedt o be divided for t he purpose of t ransfer ot herwise t han by way of gift I nt o ve or m ore plot sfor resident ial COlTlrrlercial purpose ot her lrldust rial ot her buildit lg t han for agricult ureor for any purposesubservient t o but does not include any area of I and divided or proposedt o he divlded as a result of il fam ilypart it ionor part it ionofj ointholding 1iiilslccesslcr7 or ivloperat ionof will Sect ion 30f t he Act is reproducedas underl 3 Rest rict ion on set t ingup of coloniesl No pers shall convert any I and u7l0 a colonyor m ake vj i7 advert isem ent in relat ion t o a colony wI t houl oblaining a I icence in accordance wit h 1170 provisiorlsof t his Act t he t naue t hereunder 21 Any person clesuingt o obt ain a I icense uncler sut Sect ion ll shall nlake an applicat iont o 110 KUMAR SURESH SHAM LAL 2012.10.10 16: 10 True Scanned Copy of The Original PHHC,Chandigarh Direct or in t he prescribednlanner which shall De accom panied inc0177eax clearance JOYTI RANI 2016.03.28 16:21 I attest to the accuracy and integrity of this document 63 0 1 r 1Gr Rev No 2420 of 5 cert ificat eobt ained from an appropriat eaut horit y appoint edunder t he I ncom e t ax Act 1961 and such fee as m ay be prescribed Sect ion 80f t he Act is reproducedas underl 8 Rest rict ions t ransfer of plot and erect ion of buildingcolonyll9 No person shali wit hout obt aininga I icence under sul Sect ion 121of Sect ion 4 negot iat eor agree I o t ransferort ransferin any m anner any plot I rl a colony for resident ial indust rial com rnercI al or any ot her purpose 2 no persoI l shai7 erect 1t L Ul1 buildingin any colony I n respect whereol I icence under Subsect ion 621of Sect ion 4 has not been obt ained 131Everypers017ereclt no or reerect ing811v building117 a colony 1n respect whereol I icence has been obt ained under subect on 21 of Seclion 4 sh all com plv wit h sucI o condit ions regardinguse of I and I ayolllplo7 zoningregulat ionsit e coverage heigllt f Ol buildings set back I ines st ruct ural and sanit ary requirn7ent s orclRect ural designof buildlngsand rnat erial t o oe uSeO KUMAR SURESH SHAM LAL 2012.10.10 16: 10 I n P True Scanned Copy of The Original PHHC,Chandigarh I n erect ion t hereof as m ay be prescribecl St at e VS Pal Set h 2001 6RCR JOYTI RANI 2016.03.28 16:21 I attest to the accuracy and integrity of this document 0 C I 0 9 adA 64 Grl Rev No 2420 of 2004 l 6 Civill 370 owners dividingt he I and int o six piot sand sellingt he plot sfor resident ial com m ercial and indust rial purpose wit hout get t ingI icence as under Sect ion L214I ut horit yfailed t o produceevidence t o prove t hat in fact colonywas int ended t o be set up Moreover com plaintfiled 9 years aft er4uit t alof accused uphelc St at e direct ed t o t ake act ion againstdellnquentofficer for act lngI il negligentm anner per revenue record t here is no const ruct ion I n t he I and Land is out side t he m unicipallim it s There is no const ruct ion PWBalwinder Singhalso adm it t ed t hat ihehas plant ed t rees i n t he plot purchasedfor agricult uralpurposes Plot is away from t he urban or resident ial area There I s no const ruct ion near t he plot Plot is away from t he Phagwaram unicipalI im it s Jat inder Kum ar PW ret ired Senior Assist ant DC office Ka purt hala aiso st at ed t hat when t he I and is shown as chahi t hat 5 m eans I and is agrlcult uralI and I n t he sale deeds I and was shown as PW Dalj it Singh JE of HUDA on crossexam inat ion adm lt t edt hat he has no knowledgeif as per revenue record t he I and in disput eis st ill chahi I and He had no knowledgefor what purpose plot swere purchasedVendor is I iable for punishm entby sellingfive or m ore t han five plot svide different resident ial com m ercial indust rial anot her build ng purposes ot her t ha n agcuure KUMAR SURESH SHAM LAL 2012.10.10 16: 10 True Scanned Copy of The Original PHHC,Chandigarh piot were Supposefive sale deeds were execut ed even t hen t he not sold for resident ial com m ercial indust rial or anot her JOYTI RANI 2016.03.28 16:21 I attest to the accuracy and integrity of this document 65 Crl 1 Rev No 2420 of 2004 7 buildingpurposeTillt oday t here is no const ruct ion Plot s are not wit hint he m unlcipaliim it s As per revenue record I and is st ill chahi I n t he I ightof above discussion pet it ionwit hout m erit is dism issed Novem ber 30 2009 rit u 1 SI NGH 1 JUDGE 1 Xr A1 I lVl t 9 rA I l 5n91 r 1 0 0 C I C5 I 2 08 OO 7 Z t l KUMAR SURESH SHAM LAL 2012.10.10 16: 10 True Scanned Copy of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:21 I attest to the accuracy and integrity of this document