The zoning plan and layout plan for the project were authorized in November 2015 and October 2015, respectively. In January 2017, the Punjab Apartment and Property Regulation Act, 1995’s Section 44 exemption was granted.
Police are required by a local court to file a formal complaint (FIR) against a developer who has been collecting payments from allottees before obtaining the necessary project permissions.
Following Ram Deo Singh’s appeal, the order against M/s Manohar Infrastructure and Construction Private Limited was issued. Singh had invested in the developer’s Mullanpur property, “Palm Garden.”
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The complainant submitted in court that he applied for a 250-square-yard plot in the project on February 28, 2012. The company acknowledged receipts of a total amount of ₹23.75 lakh by way of two cheques in 2012 and 2013.
The project’s layout plan was approved in October 2015 and the zoning plan in November 2015, whereas exemption under Section 44 of the Punjab Apartment and Property Regulation Act, 1995, was granted in January 2017.
Singh contended that under the Act, the developer could not have advertised or collected money for the project from the general public for the allotment of plot land till layout plans/zoning plans were approved by the competent authority and issuance of exemption under Section 44 of the Act by the state government.
The court of chief judicial magistrate stated, “The accused had no authority to collect money from the complainant in 2012 for allotment of plot,” directing the police to file a formal complaint against the developer. It is established law that an FIR must be filed right away if the information provided makes it obvious that a cognizable offense has been committed.
Therefore, the complaint is forwarded to the SHO of the relevant police station for case registration and investigation by Section 156(3) of the Code of Criminal Procedure. The court directed that a copy of the complaint and this order be sent to the relevant SHO for compliance.
The police now have until May 30 to turn in the compliance report, at which point the matter will proceed.
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