Delhi District Court
State vs . Urban Improvement Co. Pvt. Ltd. on 20 March, 2007
FIR No. 597/03
PS. Con Place.
State Vs. Urban Improvement Co. Pvt. Ltd.
01.03.07
ORDER
Present: Ld. APP for State.
Complainant absent.
I have heard ld. APP for state and perused the final report filed by police. In the present case the complainant was served and he was granted sufficient opportunities to file the protest petition, if any, but despite grant of various opportunities no protest petition has been filed on record and even the complainant is not appearing for the past two dates. Today also he is absent.
In the facts I am satisfied that complainant has nothing to say to the final report filed by the police. I have also perused the same. I am satisfied that no offence of cheating U/s 420 IPC is made out against the accused company that is Urban Improvement Company Private Ltd. The plot size was decreased by accused company, since the Government of Haryana had acquired their land, for the purpose of creating green belt. Since part land of accused company was acquired the accused company was forced to reduce size of the plots of the plot holders in order to accommodate the plot holders, who could not have been allotted plot due to acquisition of the land by Government of Haryana.
No intention of cheating can be attributed to the accused company. Further thedemand of external development charges was made by the accused company, as per the orders passed by Government of Haryana under the Haryana Development and Regulation Urban Area Act 1975 and said development charges was also accepted by plot holders Associations. Therefore, demand of external development charges by accused company was legal and no offence of cheating can be attributed. In the facts final report of police is accepted. File be consigned to record room.
MM/ND 01.03.07