E-Paper
HC quashes registration of FIR order against IAS officers, others in Gurugram
high court bench of justice Karamjit Singh observed that in view of the fact that allegations have been leveled against public servants, a valid sanction/approval as per law would be required before proceeding further in the matter
: The Punjab and Haryana high court has quashed a Gurugram court order for registration of FIR against three IAS officers and other senior officials for allegedly allowing illegal constructions by land grabbers and builders in violation of norms in Sector-94 of the city.
The order to file an FIR was passed on July 3, 2020 by sessions judge, Gurugram, acting on a criminal complaint by a local resident in April 2020 on allegations of violations of environmental norms, control area norms, development and regulations of urban areas, Forest Conservation Act and water pollution. Probe was also sought under Prevention of Corruption Act, money laundering law and Benami Properties Act.
Those named in the complaint were: then MC Commissioner, Vinay Pratap Singh; then administrator, Haryana Shehri Vikas Pradhikaran, Gurugram, Jitetnder Yadav; then director town and country planning, K Makrand Pandurang, all three IAS officers. Others were HCS officer, then posted as estate officer-II, HSVP, Vivek Kalia; link officer, senior town planner, Ravi Parkash Sihag; district town planner (enforcement), Ved Parkash Sehrawat and district town planner (planning & enforcement) Ranndil Sher Jatinder Singh Batth.
While quashing the Gurugram court’s order, high court bench of justice Karamjit Singh observed that in view of the fact that allegations have been leveled against public servants, a valid sanction/approval as per law would be required before proceeding further in the matter and in the case in hand, no such previous sanction/approval was sought by the complainant to prosecute the petitioners under the Prevention of Corruption Act, 1988.
It further said that while directing an investigation in a criminal complaint case, there has to be an application of mind by the magistrate.
“The court concerned cannot act in a mechanical and mindless manner. The application of mind should be reflected in the order. ...it appears that the court concerned passed the said order without due application of mind, just in a mechanical manner. The mere statement that he (presiding officer) has gone through the complaint, documents and heard the complainant as reflected in the impugned order will not be sufficient and on this sole ground the impugned order being vitiated, deserves to be set aside,” the court said.
The court further found that the provisions of various laws, under which FIR was ordered to be registered required prior sanctions from concerned authorities, which was not obtained in this case.
The complaint had alleged encroachment, illegal construction, collection of stones, cement, chemicals among other things and running commercial activities on land reserved as ‘Green Area’ (Green Belt) in the notified ‘Open Space’ in Sector 94, Gurugram.
The allegations were also of illegal possession and construction of factories, warehouse, residential and commercial buildings in notified ‘open space’ in Sector 94.
“The warehouses, factories and the newly constructed sites are against public policy and creating huge environmental pollution as they are throwing out the waste of their factories and warehouses in the said green area and open space and the construction sites are running without any safety measures and polluting the environment,” it was alleged, adding that all this happened in collusion with the officials of different departments.