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2006 DIGILAW 526 (ALL)

R. N. SINGH, ETC. ETC. v. STATE OF UTTAR PRADESH

2006-02-21

BARKAT ALI ZAIDI, V.M.SAHAI

body2006
JUDGMENT By the Court—The aforenoted 4 writ petitions since relate to the similar facts, they are clubbed together for the purpose of this hearing, declaring Civil Misc. Writ Petition No. 7883 of 2006 (R.N. Singh v. State of U.P. & others) as the leading petition. 2. In the leading petition on 8.2.2006, a supplementary affidavit was filed by the petitioner stating therein allotment of a plot in favour of allottee is finalized by the Vice-Chairman and, therefore, the petitioner (in all other petitions) being of under Secretary or Joint Secretary level cannot be fastened with the liability of allotment and the liability of allotment should be saddled on Sri Dinesh Rai, I.A.S., presently posted as Vice-Chairman, Delhi Development Authority, Sri Atul Gupta, I.A.S., presently posted as Industrial Development Commissioner, U.P. Sri Anil Kumar Gupta, I.A.S., presently posted as Principal Secretary, Excise, Sri P.L. Loi, I.A.S., presently posted as Principal Secretary, Science and Technology U.P., Shri K.K. Upadhyaya, I.A.S. Shri M.A. Khan I.A.S. and Sri Rajeev Kumar Singh, I.A.S. the then Vice-Chairman. To verify this statement of the petitioner the learned Chief Standing Counsel has stated that he would go through the record and the matter was posted for 14.2.2006, when the matter came on 14.2.2006, the learned Chief Standing Counsel filed an affidavit alongwith the stay vacation application, stating that he has brought two records to show that the matter of allotments in question reached to the stage of the Joint Secretary and there itself the allotments were ordered. Thus, the question that, allotments are finalized by the Vice-Chairman or Secretary in this case, does not arise at all. As against this, the learned Counsel for the petitioner has urged that in a development authority, no plot can be allotted without approval of the Vice-Chairman and the procedure in the development authority as prevalent is that two files are maintained out of which one reaches to the Joint Secretary level while the other goes upto the Vice-Chairman level where all allotment is finalised. Since the second files were not produced, we directed that Sri B.B. Singh, Vice-Chairman, Lucknow Development Authority should appear alongwith the entire record before this Court on 21.2.2006. Since the second files were not produced, we directed that Sri B.B. Singh, Vice-Chairman, Lucknow Development Authority should appear alongwith the entire record before this Court on 21.2.2006. Today i.e. on 21.2.2006 Sri B.B. Singh Vice-Chairman Lucknow Development Authority, has appeared before us and on quarry informed that two files move in allotment matter in Development Authorities, one goes to the Joint Secretary level and other upto the Vice-Chairman level, who approves the proposal of allotment. He informed that allotment of a plot could only be made by the Vice-Chairman, and none, below him. He thereafter informed that the second files in question are not there in this case. He further stated that rules provide that under discretionary quota, the Vice-Chairman could allot plots without there being any advertisement, and that is also done in Lucknow Development Authority and even by him. 3. We have heard Sri A.K. Mishra, learned Counsel for the petitioner, Sri S.M.A. Kazmi, Addl. Advocate General, assisted by Sri Vijendra Singh, Chief Standing Counsel-II for respondent Nos. 1 and 2 and Sri O.P. Singh has accepted notice on behalf of respondent No. 3, who has not filed counter affidavit. 4. Land Scam cases are on the rising trend and the present case is one of its series, which relates to Lucknow Development Authority, Jankipuram Scheme in respect of distribution and allotment of 123 plots in the year of Ninetees. We need not enumerate the details of the plots allotted under the scam, as they can be seen from the list, Annexure-2 to the writ petition. According to the respondent i.e. Vice Chairman Lucknow Development Authority, the above 123 plots were allotted by the different officers comprising of Joint Secretaries and Deputy Secretaries with the connivance of the Head Clerk and other clerks posted at that time, number of which comes to 14 and these names have surfaced in the report of the departmental investigation conducted by the present under Secretary Sri D.S. Rathore. This report forms the part of his confidential report (Annexure-C.A. 1) dated 25.1.2006, sent by the Vice-Chairman of the authority, to the Principal Secretary, Avas Evam Sahri Niyojan Vibhag, Government of U.P. 5. This report forms the part of his confidential report (Annexure-C.A. 1) dated 25.1.2006, sent by the Vice-Chairman of the authority, to the Principal Secretary, Avas Evam Sahri Niyojan Vibhag, Government of U.P. 5. As will appear from the aforesaid report (Annexure-C.A.1) of the Vice-Chairman, the Vice-Chairman while unraveling the scam to his Principal Secretary noted that these, 123 plots, (i) were allotted to those who had not filled Registration form for it (ii) had not deposited the requisite sums towards allotment and distribution, (iii) in some cases amount which was deposited through Challan towards a particular plot was also utilized and adjusted towards the allotment money of other plots, not only that (iv) the actual money deposited and shown in challans, was shown escalated by forging, the actual figures of amount in some of those challans (v) the land lying for the parks was, ununauthorisedly clandestinely shown for allotments as plots by forging lease plans etc. officers/ officials involved in this racket have thus grabbed a sum of about 2 crores, by causing a loss of an amount of about two crores to the development authority. 6. In this report (Annexure-C.A. 1) the Vice Chairman noted that all the files are untraceable and for the reconstitution of which, efforts were made by making an advertisement in the news paper, calling upon the allottees to file papers relating to the allotments of plots in their name, out of which only 39 have turned up and furnished the requisite information. 7. To begin with Sri Rajiv Kumar a Senior I.A.S. Officer has been appointed to proceed with the enquiry by the Principal Secretary and some of errant officers and officials have been ordered to be suspended, out of whom, number in four have come up before us by filing the aforenoted Writ Petitions. 8. As will appear from the confidential letter of Vice-Chairman sent to the Principal Secretary, the Vice-Chairman, Lucknow Development Authority has high- lightened the gravity of the alleged scam, himself suggesting that the enquiry in the matter should be conducted by an independent agency, with which we also fall in line because it is not personal in nature but a crime against the society. 9. From the facts given above, it is therefore, apparent, that an unfair dishonest dealing by the Lucknow Development Authorities with the nexus of their Head clerk and clerks, exists. 9. From the facts given above, it is therefore, apparent, that an unfair dishonest dealing by the Lucknow Development Authorities with the nexus of their Head clerk and clerks, exists. Taking into account that such unfair and dishonest dealing must not be ignored and that leniency will be wholly misplaced, and that others like those also take heed, and any reprieve could not be manipulated, which will bode ill for the future of our society and such misdoings do not further percolate in Development Authorities, in ends of justice and fair play, we deem it justifiable that the matter be investigated by Central Bureau of Investigation who will submit its report before us after 3 months from the date a copy of this order is delivered to the Director Central Bureau of Investigation, C.G.O. Complex, Lodi Marg, New Delhi. The Central Bureau of Investigation will be free to question the Vice-Chairman, Secretary and other officers posted in Lucknow Development Authority in the relevant period with regard to matters in question. To give the investigating agency a free hand the stay order passed as interim measure in Civil Misc. Writ Petition No. 7883 of 2006 (R.N. Singh v. State of U.P. and others) is also discharged. 10. List this case on 25.5.2006. 11. Office is directed to issue a certified copy of this order to the learned Counsel for the parties today itself on payment of usual charges. 12. Registrar General, High Court, Allahabad will send a copy of this order alongwith the photo copy of the entire record of the leading writ petition to the Director Central Bureau of Investigation, C.G.O. Complex, Lodi Road, New Delhi within 24 hours. Order Accordingly. ———