Behari Lal vs State of Punjab

H.S. Bedi, J.

The petitioner stands convicted for an offence punishable under Section 11(1) read with Sections 3(1) and 8(1) of the Punjab Regulation of Colonies Act, 1975 (for short the ''Act'') and has been sentenced to undergo rigorous imprisonment for one year and to the payment of fine of Rs. 1000/ and in default of payment of fine to further undergo RI for one month.

Notice of this petition was issued to the AdvocateGeneral, Punjab, on the question of quantum of sentence and Mr. Rajesh Girdhar, the learned DAG, has put in appearance on behalf of the State.

It has been argued by Mr. Sidhu, the learned counsel for the petitioner, that the petitioner was about 70 years of age at the present time and was a sick man and had already suffered two heart strokes. In support of this plea he has produced before me a number of prescription slips issued by the various doctors of Fazilka. He has also urged that the prosecution against the petitioner was commenced way back in 1988 and as he had undergone the agony of trial and also of an appeal, this matter too was required to be considered while determining the quantum of sentence.

As against this, Mr. Girdhar, the learned DAG, has urged that the action of the petitioneraccused in disposing of his land by curving out unplanned and unauthorised colonies without any basic amenities was contrary to the provisions of Section 11(1) of the Act, and was a matter of concern as it had led to a permanent source of nuisance, pollution and had developed an unhealthy atmosphere in the area of village Panchanwali.

After hearing the learned counsel for the parties and in the light of the statement made by the learned counsel for the petitioner, I reduce the sentence of imprisonment to that already undergone and impose a fine of Rs. 20,000/ in all. In case the fine is not paid the petitioner will undergo RI for one year. The fine, if paid, be deposited in the trial court.