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. 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) & (ii) read with Section 2(c)Development and Regulation of Urban Area, Act No. 8 of 1975 - Sh. Suresh Chand and other, Sh. Suresh Chand, Ramesh Chand, Naresh Chand S/o 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. S/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) & (ii) read with Section 2(c) of Act No. 8 of 1975 by sub dividing land for the purpose to set up a colony without requisite prior permission and even for raising construction thereon. The offenders are deliberately continuing with the contravention of provision of Act No. 8 of 1975 and rules framed there under. The offenders are deliberately continuing with the contravention of provision of Act No. 8 of 1975 and rules framed there under. It is further intimated that the contravention/violation of Section 3, 7(i) (ii) of Act No. 1975 and rules framed there under is a punishable offence under Section 10 of the Act ibid with the imprisonment up to 3 years and therefore you are requested to get the said unauthorised colonization stopped immediately and to investigate the matter and thereafter to register FIR against the above-named offenders i.e. land owners as well as any other offenders whose name gets associated with them during course of investigation. 3. After registration of FIR and before putting the challan in the competent court of law, the necessary sanction for prosecution of the offenders may be obtained from the Deputy Commissioner-cum-District Magistrate, Faridabad as per provisions of Section 11 of Act No. 8 of 1975. 4. Please find enclosed following documents duly showing the association of above named offender with the aforesaid unauthorised colony, i. Revenue Documents-Jamabandi for the year 2016-17. ii. Site plan showing location of roads and unauthorised construction existing at site. iii. Copy of show cause notice as well as copy of restoration order issued to the offender as per provisions of Section 10(2) of Act No. 08 of 1975. iv. Photographs showing stage of construction of the colony. These documents shall help you to investigate the offence and also during the prosecution of the above named offender. 5. It is further intimated that as per provisions of Section 11B of Act of 1975, police officer not below the rank of Sub Inspector has power to arrest such offender. A copy of FIR and progress report of investigation in to this matter may be sent to this office for record purpose, please. This complaint consists of pages numbered as 1 to given below: Sr. No. 1 Copy of Jamabandi 2-27, 2. Copy of Urban Area Plan 28-29, 3. Copy of notice and restoration order 30-31, 4. Copy of Site plan 32. 5. Site photographs 33-35, 6. 65-B 36, SD-District Town Planner, Enforcement, Faridabad. " 6. Learned senior counsel for the petitioner(s) submits that the allegations against the petitioners, even if taken on its face value, cannot constitute an offence punishable under the Act, 1975 and thus the FIR, needs to be quashed. Copy of Site plan 32. 5. Site photographs 33-35, 6. 65-B 36, SD-District Town Planner, Enforcement, Faridabad. " 6. Learned senior counsel for the petitioner(s) submits that the allegations against the petitioners, even if taken on its face value, cannot constitute an offence punishable under the Act, 1975 and thus the FIR, needs to be quashed. He states that in the said FIR, nowhere it has been stated as to how much land has been sold by the petitioner-Ramesh Chand and his two brothers. He refers to Section 2(c) of the Act of 1975 which defines colony to mean an area of land divided into plots or flats for residential, commercial, industrial, cyber city or cyber park, but when an area of land divided or proposed to be divided does not exceed 1000 sq. mts. it shall not be a colony. 7. Further senior counsel for the petitioner(s) emphasizes on the fact that petitioner-Ramesh Chand has sold land measuring 368.66 sq. mtrs. only, the same does not fall within the definition of colony. Therefore, neither there was requirement for petitioner to obtain license under Section 3 of the Act, 1975 nor has the petitioner violated Section 7(i) & (ii) of the Act, 1975. The mandatory notice to be served upon the alleged violator under Section 10(2) of the Act, 1975 was not complied with. He refers to Sections 10, 7, and 3 of the Act, 1975 to submit that the offence can be said to have been committed under the Act, 1975 only when a person transfers or agrees to transfer in any manner, plots in a colony or makes an advertisement or receives any amount in respect thereof, without obtaining license under Section 3 of the Act, 1975. 8. Reply by way of an affidavit of Vishnu Parshad, HPS, Assistant Commissioner of Police, Ballabgarh, District Faridabad on behalf of State has been filed, wherein it has been held as under "10. That during investigation, it was revealed from the documents obtained from the revenue record and the enquiry, the accused persons namely, Naresh Chand, Ramesh Chand and Suresh Chand have been found to have developed the illegal colony on the relevant agricultural land. That during investigation, it was revealed from the documents obtained from the revenue record and the enquiry, the accused persons namely, Naresh Chand, Ramesh Chand and Suresh Chand have been found to have developed the illegal colony on the relevant agricultural land. The aforesaid accused, without the sanction/permission of the Government, by making temporary paths (Rastas) dividing the land in small pieces, without road-side Maps, by plotting in the revenue estate of Ballabgarh, Tehsil Ballabgarh, have committed the offence. " 9. On the basis of aforesaid stand taken by the authorities, it is being claimed that the petitioners are guilty of offence and the petitions deserve to be dismissed. 10. I have heard counsel for the parties and have gone through records of the case. 11. In order to appreciate the contention raised by counsel for the parties, it will be apposite to peruse the following provisions of the Haryana Development and Regulation of Urban Areas Act, 1975 : - " 2. Definitions - [(c)"colony" means an area of land divided or proposed to be divided into plots or flats for residential, commercial, industrial, cyber city or cyber park purposes or for the construction of flats in the form of group housing or for the consideration of integrated commercial complexes, but an area of land divided or proposed to be divided - (i) for the purpose of agriculture; or (ii) as a result of family partition, inheritance, succession or partition of joint holding not with the motive of earning profit; or (iii) in furtherance of any scheme sanction under any other law; or (iv) by the owner of a factory for setting up of a housing colony for the labourers or the employees working in the factory; provided there is no profit motive; or] (v) when it does not exceed one thousand square metres or such less area as may be decided from time to time in an urban area to be notified by Government for the purposes of this sub-clause, shall not be a colony: 3. Application for licence. - (1) Any owner desiring to convert his land into a colony shall, unless exempted under section 9, make an application to the Director, for the grant of a license to develop a colony in the prescribed form and pay for it such fee and conversion charges as may be prescribed. Application for licence. - (1) Any owner desiring to convert his land into a colony shall, unless exempted under section 9, make an application to the Director, for the grant of a license to develop a colony in the prescribed form and pay for it such fee and conversion charges as may be prescribed. The application shall be accompanied by an income-tax clearance certificate: Provided that if the conversion charges have already been paid under the provisions of the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963 no such charges shall be payable under this section, (2) On receipt of the application under sub-section (1), the Director shall, among other things, enquire into the following matters, namely :- (a) title to the land; (b) extent and situation of the land; (c) capacity to develop a colony; (d) the layout of a colony; (e) plan regarding the development works to be executed in a colony; and (f) conformity of the development schemes of the colony land to those of the neighbouring areas. (3) After the enquiry under sub-section (2), the Director, by an order in writing, shall - (a) grant a licence in the prescribed form, after the applicant has furnished to the Director a bank guarantee equal to twenty-five per centum of the [estimated cost of development works in case of area of land divided or proposed to be divided into plots or flats for residential, commercial or industrial purposes and a bank guarantee equal to thirty-seven and a half per centum of the estimate cost of development works in case of cyber city or cyber park purposes] as certified by the Director and has undertaken- (i) to enter into an agreement in the prescribed form for carrying out and completion of development works in accordance with the licence granted; (ii) to pay proportionate development charges if the external development works as defined in clause (g) of section 2 are to be carried out by the Government or any other local authority. The proportion in which and the time within which, such payment is to be made shall be determined by the Director; (iii) the responsibility for the maintenance and upkeep of all roads, open spaces, public parks and public health services for a period of five years from the date of issue of the completion certificate unless earlier relieved of this responsibility and thereupon to transfer all such roads, open spaces, public parks and public health services free Government or the local authority, as the case may be: (iv) to construct at his own cost, or get constructed by any other institution or individual at its cost, schools, hospitals, community centres and other community buildings on the lands set apart for this purpose, or to transfer to the Government at any time, if so desired by the Government, free of cost the land set apart for schools, hospitals, community centres and community buildings, in which case the Government shall be at liberty to transfer such land to arty person or institution including a local authority on such terms and conditions as it may deem fit; (v) to permit the Director or any other officer authorised by him to inspect the execution of the layout and the development works in the colony and to carry out all directions issued by him for ensuring due compliance of the execution of the layout and development works in accordance with the licence granted: Provided that the Director, having regard to the amenities which exist or are proposed to be provided in the locality, is of the opinion that it is not necessary or possible to provide one or more such amenities, may exempt the licensee from providing such amenities either wholly or in part; (b) refuse to grant a licence, by means of a speaking order, after affording the applicant an opportunity of being heard. (4) The licence so granted shall be valid for a period of two years, and will be renewable from time to time for a period of one year, on payment of prescribed fee: Provided that in the licensed colony permitted as a special project by the Government, the license shall be valid for a maximum period of five years and shall be renewable for a period as decided by the Government. (5) A separate licence shall be required for each colony. 7. Prohibition to advertise and transfer plots . (5) A separate licence shall be required for each colony. 7. Prohibition to advertise and transfer plots . - Save as provided in Section 9, no person including a properly dealer shall, (i) without obtaining a licence under Section 3, transfer or agree to transfer in any manner plots in a colony to transfer in any manner plots in a colony or make an advertisement or receive arty amount in respect thereof, (ii) erect or re-erect any building in arty colony in respect of which a licence under Section 3 has not been granted. (iii) erect or re-erect any building other than for purposes of agriculture on the land sub-divided for agriculture as defined in clause (aa) of Section 2 of this Act; 10. Penalties . - (1) Any person who contravenes any of the provisions of this Act or the rules made there-under or any of the conditions of a licence granted under Section 3 shall be punishable with imprisonment of either inscription for a term which may extend to three years and shall also be liable to fine: Provided that where any of the provisions of Section 9 are contravened the punishment of imprisonment shall not exceed six months. (2) Without prejudice to the provisions of sub-section (1), the Director, or any other officer authorized in writing by him in this behalf, may, by notice, served by post and if a person avoids service, or is not available for service of notice, or refuses to accept service, then by affixing a copy of it on the outer door or some other conspicuous part of such premises, or in such other manner as may be prescribed, call upon any person who has committed a breach of the provisions referred to in the said subsection to stop further construction and to appear and show cause why he should not be ordered to restore to its original state or to bring it in conformity with the provisions of this Act or the rules framed there-under, as the case may be, any building or land in respect of which a contravention such as is described in the said sub-section has been committed and if such person fails to show cause to the satisfaction of the Director or such authorized officer within a period of seven days, the Director or such authorized officer may pass an order requiring him to restore such land or building to its original state or to bring it in conformity with the provisions of this Act or the rules framed there-under, as the case may be, within a further period of seven days. (3) If the order made under sub-section (2) is not carried out within the specified period, the Director, or any other officer authorized in writing by him in this behalf may, himself at the expiry of the specified period, take such measures, as may appear necessary to give effect to the order and the cost of such measure shall, if effect to the order and the cost of such measure shall, if not paid on demand being made to him, be recoverable from such person as arrears of land revenue: Provided that even before the expiry of the period mentioned in the order under sub-section (2), if the Director or such authorized officer is satisfied that in-stead of stopping the construction, the person continues with the contravention, the Director or such authorized officer may himself take such measures, as may appear necessary, to give effect to the order and the cost of such measures shall, if not paid on demand being made to him, be recoverable from such person as arrears of land revenue. 12. Section 3 of the Act, 1975 prescribes for license wherever an owner desires to convert his land. Section 7 of the Act, 1975 prohibits the advertisement and transfer of plots, but Section 7(3) specifically saves the operation of 'agriculture' as defined under Section 2(aa) of the Act, 1975 which reads as under:- 2(aa) "agriculture" includes horticulture, dairy farmings poultry farming and the planting and upkeep of an orchard: 13. Thus, from the scheme of the Act, 1975 as well as the bare provisions it can be safely inferred that the objective of the enactment is to regulate urban development. Legislation is not prohibitory, but regulatory. Owing to urbanization, towns and cities are growing in size eating out agricultural lands. It is for this reason that agriculture has been kept out of the purview, whereas urbanization like housing schemes, commercial use and industrial use are being regulated. By enacting the Act, 1975 the State ensured that the cities should develop and not only grow. Mere transfer of land is not an offence. It is only when the area of land in question exceeds 1000 sq. mtrs., it will fall within the definition of 'colony' and constitute an offence punishable under the Act, 1975. 14. By enacting the Act, 1975 the State ensured that the cities should develop and not only grow. Mere transfer of land is not an offence. It is only when the area of land in question exceeds 1000 sq. mtrs., it will fall within the definition of 'colony' and constitute an offence punishable under the Act, 1975. 14. As a result of above, in order to constitute an offence punishable under the provisions of the Act, 1975 there has to be an allegation of advertisement and transfer of plots without license under Section 3 along with the allegation that such plots are intended to be used for the purpose of carving colony, cyber city, cyber park, group housing, integrated commercial complex or other purpose(s) for which license is prescribed under the Act, 1975. 15. The Hon'ble Supreme Court in State of Haryana & ors. v. Ch. Bhajan Lal & ors., 1992 AIR (Supreme Court) 604 held as under:- "xxxx xxxx xxxx 102. In the backdrop of the interpretation of the various relevant provisions of the Code under Chapter XIV and of the principles of law enunciated by this Court in a series of decisions relating to the exercise of the extraordinary power under Article 226 or the inherent powers under Section 482 of the Code which we have extracted and reproduced above, we give the following categories of cases by way of illustration wherein such power could be exercised either to prevent abuse of the process of any court or otherwise to secure the ends of justice, though it may not be possible to lay down any precise, clearly defined and sufficiently channelised and inflexible guidelines or rigid formulae and to give an exhaustive list of myriad kinds of cases wherein such power should be exercised. (1) Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused. (2) Where the allegations in the first information report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code. (2) Where the allegations in the first information report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code. (3) Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused. (4) Where, the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2) of the Code. (5) Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused. (6) Where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party. (7) Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge. xxxx xxxx xxxx" 16. Thus, this Court finds that none of the above petitioners had sold more than 1000 sq. mtrs. of land that would constitute 'colony' as defined in Section 2 (C) to render them liable under penal provision contained in Section 10 of the Act. Learned State counsel is unable to point out any other provision of the Act to hold the petitioner(s) liable. Hence while exercising provision under Section 482 of Cr.P.C. this Court finds it is a fit case to exercise its jurisdiction as per the dictum of law laid down in the case of Bhajan Lai's case (supra). 17. In view of above, the present petitions are allowed. Hence while exercising provision under Section 482 of Cr.P.C. this Court finds it is a fit case to exercise its jurisdiction as per the dictum of law laid down in the case of Bhajan Lai's case (supra). 17. In view of above, the present petitions are allowed. 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 therefrom are quashed qua petitioner(s). 18. Pending miscellaneous application(s), if any, shall also stand disposed off. 19. Photocopy of this order be placed on files of the connected cases.