The court has directed the investigating officer, deputy superintendent Kailash Sahu, to file an affidavit explaining the position in this regard. (HT FILE)
The court has directed the investigating officer, deputy superintendent Kailash Sahu, to file an affidavit explaining the position in this regard. (HT FILE)

Why Katyal not arraigned as accused: Court to CBI in Gurugram land case

The name of Katyal, director of Krrish Buildtech, figured in the chargesheet filed by the CBI with reference to criminal conspiracy entered into by former chief town planner, JS Redhu
UPDATED ON FEB 16, 2021 12:39 PM IST

Putting CBI yet again in dock, a special court has asked the investigating officer (IO) of the Gurugram land release case to file an affidavit explaining “how, why and under what circumstances” Amit Katyal, director of a real estate company, M/s Krrish Buildtech, has not been included as an accused in the chargesheet.

In the February 11 orders, special judge CBI, Jagdeep Singh, had said that in the chargesheet filed by the CBI, there is a specific mention to the effect that “in furtherance of criminal conspiracy entered with Amit Katyal, director of Krrish Buildtech, despite having major discrepancies, accused and former chief town planner JS Redhu dishonestly and fraudulently, proposed to seek approval of the government to grant license to the accused company, by releasing notified land of 130 acre from acquisition proceedings, thereby caused cheating to the related land owners, HUDA, and the state of Haryana.”

“But in the array of accused, Katyal has not been arraigned as an accused,” the court stated.

The court has directed the IO of the case, deputy superintendent Kailash Sahu, to file an affidavit explaining the position in this regard.

Incriminating document recovered during search

The CBI had on July 9, 2019, conducted searches at the office of Krrish Buildtech in New Delhi, an accused in the case and recovered incriminating documents. A CBI spokesperson said that the agency got hold of 10 incriminating documents from the Jasola office of the real estate company during the search.

CBI officials had said that Krrish Buildtech was one of the biggest beneficiaries in the entire episode as about 130 acre, the highest among all realtors, situated across four villages of Nangli Umrapur, Kadarpur, Ulhawas and Maidawas was released from the acquisition for them by the then Congress government.

Official-developer nexus angle probed

The agency, in its preliminary enquiry, had tried to establish a nexus between the government functionaries and real estate companies, including Krrish Buildtech. The first information report (FIR) stated that Krrish Buildtech (now M/s Brahma City Pvt Ltd) had dishonestly and fraudulently applied for a license in 2010 on the basis of inadequate documents — defective ante-dated collaboration agreements, general power of attorney and managed to get it for about 151 acre.

In 2019, CBI had registered a criminal case against former chief minister Bhupinder Singh Hooda, an official and 15 real estate developers in a case pertaining to release of over 1,300 acre of Gurugram land from acquisition process and grant of colonisation license to realtors during the Congress rule between 2009- 12. The probe was conducted on directions of the Supreme Court.

The then Congress government had in June 2009 issued a notification under Section 4 to acquire 1,407 acre for developing residential Sector 58-63 and commercial Sector 65-67 in Gurugram by the HUDA. But while issuing declaration under Section 6 on June 2, 2010, the total area was reduced to about 800 acre. Finally, the award, dated May 29, 2012. was passed for just 87 acre.

The FIR said that initiation of land acquisition process compelled landowners to sell their land to real estate developers at a lower price and colonisers fraudulently obtained letter of intents on the notified land, causing loss to the landowners and corresponding wrongful gain to themselves.

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