A Central Bureau of Investigation (CBI) special court, Haryana, has held five men — including government officials and an advocate — guilty of cheating, criminal conspiracy and using a ‘fabricated’ document to pocket land compensation of Rs 7.43 lakh in 1996 in the name of a fictitious person, on Friday.
The Haryana vigilance bureau had registered a case on a complaint from a Sector 12-A resident Parmanand in 1998. Then, on the complaint’s letter alleging shoddy investigation, the HC transferred the case to CBI in 2005.
Two different Punjab and Haryana high court (HC) orders were used to produce a fabricated judgment of Justice JL Gupta with the help of a photocopy machine to get compensation of land in Faridabad in the name of a fictitious person Kishore Kumar. The punishment will he announced on Saturday.
The matter pertained to acquisition of 14 kanal and 19 marla of MC land in Jharsaithli village in Faridabad by the Haryana Urban Development Authority (HUDA).
“The convicts misused judgment passed in CWP number 1045 of 1991 by the high court and concluding page of order dated July 21, 1994, passed in RFA number 3561 of 1993 by justice JL Gupta to produce a fake order dated July 21, 1994, on the basis of which compensation of Rs 7.43 lakh was released in favour of Kishore Kumar, who never existed,” said CBI counsel DS Chawla.
“Section officer Mahesh Chand Sharma, naib tehsildar Jai Pal Singh, kanungo Nar Singh Dass, assistant district attorney DP Ranga and advocate Yatinder Singh were held guilty,” the counsel added.
On February 16, 1996, Rajiv Malik, contacted naib tehsildar Jai Pal Singh, in the land acquisition office (LAO), Faridabad, and produced an affidavit in Kishore Kumar’s name and also the copy of fabricated order, titled-‘Kishore Kumar vs Deep Chand and Rajindra Paper Mill Faridabad’. Deep Chand and Rajindra paper mill were tenants on the land in question.
Jai Pal Singh directed Nar Singh Dass, Kanungo of LAO office, to give his comments. Dass reported that in the records, the MC owned the land, but concealed the fact that a tenant, Deep Chand’s application for land compensation was already pending. The application was filed through Deep Chand’s legal heir.
On the same day, Jai Pal Singh, without consulting appeals section, sought comments from DP Ranga, then additional district attorney in the LAO.
Ranga, without having certified copy of the HC order, opined that Kishore Kumar was the absolute owner of the property and was entitled to the compensation. This was in spite of the fact that no mutation was done in favour of Kishore Kumar.
Then Jai Pal Singh took the concerned file himself to IAS officer Hawa Singh Dhankad, the then land acquisition collector (LAC), and got the approval. Dhankad forwarded the case to Mahesh Chand, section officer, LAO. Within 4 days, on February 19, 1996, Chand handed over the cheque of Rs 7.43 lakh without the mention of complete address of Kishore Kumar (Rajiv Malik) in the documents. Later, he however got a fresh cheque issued on February 28, 1996, as the convicts failed to get an account opened.
Advocate Yatinder Singh helped Rajiv Malik in opening an account in Syndicate Bank. Dhankad, who later retired, helped the CBI as witness.
Section officer Mahesh Chand Sharma, naib tehsildar Jai Pal Singh, kanungo Nar Singh Dass, assistant district attorney DP Ranga, have been convicted of cheating, using forged document, criminal conspiracy and under Sections of the Prevention of Corruption Act.
Advocate Yatinder has been held guilty of criminal conspiracy and cheating.