Justices Arun Mishra, BR Gavai and Krishna Murari say that after perusing the report filed by the CBI, they are satisfied that substantial investigation has been done.(HT FILE)
Justices Arun Mishra, BR Gavai and Krishna Murari say that after perusing the report filed by the CBI, they are satisfied that substantial investigation has been done.(HT FILE)

Gurugram land release case: Supreme Court not to monitor CBI probe anymore

By Hitender Rao, Chandigarh
UPDATED ON SEP 03, 2020 01:14 AM IST

The Supreme Court has decided not to monitor the CBI investigations it ordered into the acquisition of 1,407 acres and subsequent release of about 95% land in Gurugram during the Congress rule in 2009.

Disposing of two miscellaneous applications on August 25, the apex court bench of Justices Arun Mishra, BR Gavai and Krishna Murari said that after perusing the report filed by the CBI, they are satisfied that substantial investigation has been done.

“Let CBI take appropriate steps which may be required, in accordance with law, in view of its final conclusion. No further monitoring is required in this case. The applications for intervention/ impleadment stand disposed of accordingly. No further monitoring is called for. The miscellaneous applications stand disposed of accordingly,” reads the August 25 apex court order.

The CBI had in January 2019 registered a criminal case against former Haryana chief minister Bhupinder Singh Hooda, an official and 15 real estate developers in the land matter.

Apex court’s displeasure over probe

The apex court on December 2, 2019, however, had expressed its displeasure over the manner in which the central agency had investigated the case. “We are not happy with the way in which the CBI has investigated the matter. Let the CBI director look into the same. We expect a fair, independent and impartial investigation to be made in the matter, which is being supervised by this court,” the apex court had said.

Earlier also, after the CBI had filed the final report on April 27, 2019, the SC had expressed its dissatisfaction since the investigating agency had failed to come up with a deadline to complete the probe and submit a chargesheet in the court.

‘Handover possession of property to buyer’

The apex court in its August 25 order also directed the builders to handover the possession of properties to the applicants as expeditiously as possible. “Prayer has been made in these applications to direct the builder to handover the possession. Haryana’s senior additional advocate general said there is no objection in handing over the possession by the builder to the buyers. Accordingly, we direct the builder to handover the possession in accordance with law to the applicants as expeditiously as possible. The judgment and order passed by this court will not come in the way of the applicants,” the SC said.

The apex court though said that as stated by Haryana’s additional advocate general, the conveyance deed be subject to ultimate outcome of the CBI investigation and appropriate order to be passed thereupon by the court concerned.

“It is further stated by the additional advocate general that occupation certificate is also being issued. Let the occupation certificate be issued as expeditiously as possible,” the SC said.

The case being probed

The Congress government had in June 2009 issued a notification under Section 4 of the Land Acquisition Act to acquire 1,407 acres for developing residential sectors 58-63 and commercial sectors 65-67 in Gurugram by the HUDA.

The land sought to be acquired was spread across eight villages — Badshapur, Behrampur, Nangli Umarpura, Tigra, Ullahwas, Kadarpur, Ghatta and Medawas of Gurugram. However, while issuing the declaration under Section 6 on June 2, 2010, the total area was reduced to about 800 acres. Finally, the award dated May 29, 2012, was passed for 87 acres only. The CBI in its preliminary inquiry had prima facie established irregularities in the release of land from acquisition process.

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