The Supreme Court has said that the Central Bureau of Investigation (CBI) will independently look into the legality and bona fides of the action of the persons responsible for illegally entertaining the applications of real estate developer Uddar Gagan Properties Limited.
The agency will also probe release of the Rohtak land to Uddar Gagan in light of the fact that it had no title to the land on the date of the notification under Section 4 of the existing Land Acquisition Act, and proceed against erring officials in accordance with law.
The apex court had on July 7 ordered a CBI investigation into the release of land in Rohtak to the real estate developer during the Congress rule with Bhupinder Singh Hooda at the helm.
The SC in its detailed order said that the matter shall be looked into by the CBI without in any way being influenced by the reports and conclusions as stated in this order. The apex court was referring to the outcome of the multiple inquiries ordered by the state government, which as per the amicus curiae only concluded that there was “systemic failure” rather than considering the individual actions of those who were responsible.
The SC in its order said that amicus curiae Jaideep Gupta while highlighting the May 2016 directions of the court has said the drift of the apex court’s decision showed that the state power was deliberately misused for private gain, and therefore the direction required the state to “inquire into the legality and bona fides of the actions of the persons responsible for illegally entertaining the application of the builder and allotting the land to it”.
{{/usCountry}}The SC in its order said that amicus curiae Jaideep Gupta while highlighting the May 2016 directions of the court has said the drift of the apex court’s decision showed that the state power was deliberately misused for private gain, and therefore the direction required the state to “inquire into the legality and bona fides of the actions of the persons responsible for illegally entertaining the application of the builder and allotting the land to it”.
{{/usCountry}}“The amicus curiae further submits that initially the matter was referred to a senior civil servant. After his report, which suggested systemic failure and that no action be taken against any official, the matter was (handed) over to a retired judge of the high court. The matter was then considered under five heads as stated in the report and with respect to the fifth head, the matter was again dealt with by another civil servant. This report also concluded that there was systemic failure rather than considering the individual actions of those who were responsible,’’ the SC said.
The SC said the amicus curiae has invited the court’s attention to a subsequent judgment in the Manesar land release case, in which similar misuse of state power for private gain was the matter in issue. In that case, the inquiry is presently being conducted by the CBI. The amicus curiae, therefore, submits that on similar lines, inquiry in the present matter may also be handed over to the CBI to secure the ends of justice.