Criminal Revision No.255 of 2000 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. (1) Criminal Revision No.255 of 2000 Date of Decision: 21 - 1 - 2010 Baldev Singh .....Petitioner v. Legal Assistant Office of the Directorate of .....Respondent Housing & Urban Development Department Punjab at Faridkot. ... (2) Criminal Revision No.258 of 2000 Rajinder Singh .....Petitioner v. Legal Assistant Office of the Directorate of .....Respondent Housing & Urban Development Department Punjab at Faridkot. CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA *** Present: Mr.Daldeep Singh, Advocate for the petitioner. Mr.R.S.Khosla, Advocate for the respondent. *** KANWALJIT SINGH AHLUWALIA, J. (ORAL) Baldev Singh and Rajinder Singh along with Manjit Kaur were tried in a complaint filed by the Directorate of Housing and Urban Development Department, Punjab. Allegations in complaint were that they Criminal Revision No.255 of 2000 [2] being owners of land comprised in Khasra No.1077, 1078, 1080, 1081, 1083 and 1084 had sold the land to different persons by carving the plots and, thus, allowed development of un-authorised colony without obtaining licence from the competent authority. Complainant examined 17 witnesses. The trial Court came to conclusion that act of the petitioners amounted to establishment of a colony which was un-authorised and, thus, the object of the Punjab Regulation of Colonies Act, 1975 (hereinafter to be referred as, `the Act') to curtail un- planned, haphazard urban growth was defeated. The trial Court by a common judgment held Baldev Singh, Rajinder Singh and Manjit Kaur guilty for offence punishable under Section 11(1), 3(1) and 8(1) of the Act and sentenced all the three accused to undergo rigorous imprisonment for 1½ years and to pay a fine of Rs.5,000/- each and in default of payment of payment of fine, to undergo further rigorous imprisonment for four months. All the three accused filed appeals. The Appellate Court upheld the conviction and sentence of accused Baldev Singh and Rajinder Singh. However, accused Manjit Kaur was released on probation. The judgment of the trial Court and the Appellate Court has been assailed by filing two revision petitions. Baldev Singh has filed Criminal Revision No.255 of 2000 and Rajinder Singh has filed Criminal Revision No.258 of 2000. Since both the petitioners have assailed common judgment of the trial Court and the Appellate Court, therefore, both the revision petitions shall be decided by one order. Counsel for the petitioners Mr.Daldeep Singh has submitted that petitioners have sold their land in 1989 and the complaint was instituted by the respondent-department in the year 1992. Counsel for the petitioners Criminal Revision No.255 of 2000 [3] submitted that from the date of sale of land, 21 years are going to elapse. Petitioners had suffered pain and agony of protracted trial. It is further submitted that petitioner Baldev Singh is aged 80 years and Rajinder Singh 57 years. Counsel submit that petitioner Baldev Singh has undergone 35 days of his actual sentence and Rajinder Singh 27 days of actual sentence. Mr.R.S.Khosla appearing for Punjab Urban Development Authority has submitted that so long as the conviction of the petitioners is concerned, same has been upheld by the Appellate Court. However, regarding reduction of sentence, he will not have much to say as that is the discretion of the Court. Taking into consideration the nature of offence and the fact that petitioners had suffered a protracted trial for a period of more than two decades and had undergone about one month of actual sentence, their sentence is reduced to already undergone. With this modification in the order of sentence, the present revisions are disposed of. ( KANWALJIT SINGH AHLUWALIA ) January 21, 2010. JUDGE RC