Gurchran Singh vs The State Of Punjab on 7 November, 2008

[Cites 4, Cited by 2]

Punjab-Haryana High Court

Gurchran Singh vs The State Of Punjab on 7 November, 2008

Shri Sumir Kumar, IAS, Director-cum- Special Secretary, Local Government Department, Government of Punjab, vide his letter dated 23.6.2008 has sent report of inquiry conducted by the Local Government Department on the complaint of Shri Criminal Misc. No.M-25986 of 2008.

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Naresh Sharma, recommending registration of a case on the following allegations:-

"From an examination of the inquiry report sent by the Local Government Department, relevant documents and from further inquiry, it has been found that Prof. Darbari Lal, ex M.L.A and Ex. Deputy Speaker, Vidhan Sabha and some of his family members with the connivance of the then Local Bodies Minister, Ch.Jagjit Singh and others got commercial construction raised illegally over the Green Area of the Municipal Corporation, Amritsar adjoining Kichlu Chowk Court Road, Amritsar. On 5.2.1997, Municipal Corporation, Amritsar, as per the verdict of the Hon'ble Punjab & Haryana High Court had sent the compensation amount of the said land by way of cheque to the then owner of the land but the latter did not receive the said cheques. In that regard, the then Law Officer had given clear report that Municipal Corporation should write to the District Registrar not to register the sale deed further in respect of the said land because as per the orders of the Hon'ble High Court, the cheques were issued for Criminal Misc. No.M-25986 of 2008.

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compensation amount due to the land owners, which were not being received by the land owners. As such, Municipal Corporation became owner of the said land. Prof. Darbari Lal got executed Power of Attorney of the said land in favour of some of his family members in the year 2005 and thereafter got the sale deed executed/registered in favour of his family members in the year 2006. At first Prof. Darbari Lal took the Power of Attorney in the name of his family members on 31.1.2005. Thereafter, the land owners submitted an application to the Local Government Minister Ch.Jagjit Singh seeking permission to raise construction over the land. On 12.04.2005, the Local Government Minister passed illegal orders allowing construction over the land of Green Space. The said order was contrary to the Government's decision dated 15.9.2004 whereby it was decided to keep the said land as Green Area and on the basis of which the Government had filed the affidavit in Punjab State Human Rights Commission. As per the report and the relevant documents sent by Local Government Department through Shri Sumeer Kumar, Criminal Misc. No.M-25986 of 2008.

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I.A.S, Director-cum-Special Secretary, Local Government, Punjab Government, Shri Gurcharan Singh (Now Executive Engineer, Municipal Corp. Patiala ) was posted as Inspector in Municipal Corporation, Amritsar. According to records the land pertaining to Khasra No.691 Min to 695 Min falls within the approved Building Scheme No.9-B of the Municipal Corporation. The said Scheme was approved by the Govt. on 12.4.1988. Gurcharan Singh, Tejinder Singh Bawa, Tehal Inder Singh and Ajay Kumar purchased this piece of land measuring 633 Square Yards at a throw away price on 19.11.1988 after the approval of the aforesaid scheme. In the said scheme, the said area was earmarked as Open Space and Green Area,whereon any construction could not be raised. The said land is situated at Kichlu Chowk, Amritsar, where five roads join and adjoins the District Courts, due to that the price of land runs into crores. In January, 1989, Gurcharan Singh submitted a building plan with the Municipal Corporation, Amritsar for raising construction over the said land, which was rejected by Criminal Misc. No.M-25986 of 2008.

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the Municipal Corporation. Thereafter, Gurcharan Singh etc. filed writ petitions in Hon'ble High Court praying therein that they may be granted permission to raise construction but the Hon'ble High Court gave the verdict against Gurcharan Singh etc. and opined that "Corporation was justified in reserving he land as green space" as such permission could not be granted to raise construction over the land. Thereafter Gurcharan Singh etc. filed L.P.A in the Hon'ble High Court in the year 1995, which was decided by Hon'ble Division Bench on 28.11.1996 directing that appropriate compensation amount be given to Gurcharan Singh etc. as per the price shown in the registered sale deed. Accordingly, on 5.2.1997, the Municipal Corporation sent amount of compensation by way of cheques to the vendee/owners of the land namely Gurcharan Singh, Tejinder Singh Bawa, Tehal Inder Singh and Ajay Kumar awardees through registered post but the said owners did not receive the said cheques. As such, the said land becomes the ownership of the Municipal Corporation but the Govt. without the proposal of the Municipal Criminal Misc. No.M-25986 of 2008.

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Corporation on its own level amended the aforesaid scheme on 6.2.1997. At the time of passing the said amendment order, the Govt. did not make a mention about the Hon'ble High Court decision dated 28.11.96 and of the resolution No.488 dated 5.2.1997 passed by the Municipal Corporation on the basis of said decision, whereby it was resolved to give compensation to all the four share-holders and on 6.2.1997, the amendment which was made in the Scheme, the instructions were issued by the Government in that regard at its own level. At the said land the coverage area should be to the extent of 40% and building height 24 feet. Gurcharan Singh etc. filed an application in Human Rights Commission and in reply thereto, the Local Govt. Department categorically stated that the Govt. has cancelled its decision dated 6.2.1997 and vide its letter No.8/34/96-6LG/1/16423 dated 15.9.2004, wrote to the Municipal Corporation, Amritsar and has directed to keep the said land as open space. On the basis of that the Human Rights Commission dismissed the application of Gurcharan Singh etc. on 24.9.04. On Criminal Misc. No.M-25986 of 2008.

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6.2.1997, despite cancelling the decision of granting permission to raise construction, simultaneous proceedings continued in the Govt. the then Principal Secretary, Local Govt. Department Shri B.R.Bajaj issued another letter dated 12.4.2005, which did second the decision dated 6.2.1997. The said letter was issued under the then Local Govt. Minister, Ch.Jagjit Singh's order dated 7.3.2005. The said illegal order was passed despite passing order of Hon'ble High Court dated 19.4.1995 and L.P.A order dated 28.11.1996. The accused purchasers of the land of open space with the connivance of the then Local Govt. Minister Ch.Jagjit Singh and others kept their intention alive that they could have their ownership of the said land and the land user of the said land might change so that they could get gains from the said valuable land and the proceeding regarding raising the construction area and the height of the building brought into effect. Shri B.R.Bajaj without the original file issued an order to the entire office that the said file be traced out and be produced before him. On 1.9.2005, Shri B.R.Bajaj issued the order that the Criminal Misc. No.M-25986 of 2008.

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application of Shri K.B.Verma son of Prof. Darbari Lal is allowed whereon the Local Govt. Minister passed the order that the plan be amended. The application of Shri K.B.Verma was not dealt with as per the provisions of the relevant file. Shri B.R.Bajaj having appended another brief note, referring to the order of the Local Govt.Minister, issued the order. Ch. Jagjit Singh having connived with Prof. Darbari Lal, Ex. M.L.A had got issued the said orders because the power of attorney of the said land was already taken from Gurcharan Singh etc. by Prof. Darbari Lal in the name of his son K.V.Verma. In this regard, an order was passed on the file that the coverage area be enhanced from 40% to 60% and building height from 24 feet to 42 feet 6 inches and on 4.10.05, an order of approval was passed. At that time, applicant K.V.Verma son of Darbari Lal had obtained the Power of Attorney on the said land. On 10.1.2006, the said land was sold by Gurcharan Singh etc. vide 3 registered sale deeds for sale consideration amount of Rs.25 lacs to Smt. Veena Rani wife of Prof. Darbari Lal, K. V. Verma, Ramesh Kumar Criminal Misc. No.M-25986 of 2008.

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Verma son of Prof. Darbari Lal from which it is clear that the Government officers and officials despite the orders dated 28.11.1996 of Hon'ble High Court and suggestions of Municipal Corporation's Law Officers did not stop this land from sale rather having connived with the accused helped Prof. Darbari Lal etc. As such the accused having used illegal methods with the collusion of the Govt. Officers/officials have usurped the land left as open space by the Govt. The new owners have raised the construction over the said land. According to the Inquiry Report sent by Shri Sumeer Kumar, IAS, the height of the building is 3'6" more than42' 6". By doing so, Gurcharan Singh son of Dayal Singh, r/o H.No.107, Dashondha Singh Road, Amritsar, Executive Engineer, Municipal Corporation, Patiala, Tejinder Singh Bawa son of Hardit Singh Bawa,resident of house No.2245/9, Katra Karam Singh, Amritsar, Tehal Inder Singh son of Jamit Singh, resident of House No.291, Police Line Road, Amritsar, Ajay Kumar, Attorney son of late Pandit Kashmir Chand, resident of Bazaar Sirki Bandi, Amritsar, Prof. Darbari Criminal Misc. No.M-25986 of 2008.

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Lal, former M.L.A, K.V.Verma, Ramesh Kumar sons of Prof. Darbari Lal, former M.L.A Ch.Jagjit Singh, Ex- Minister Loca,l Government, Punjab Government and the Govt. officers and officials who without taking any action regarding the orders of Hon'ble High Court and the suggestions of the Law Officers, facilitated the sale of the land have prima facie committed offences punishable under Sections 420, 120-B IPC and 13(1)(C) (D) read with 1399) P.C. Act, 1988. They having used illegal methods have caused loss to the public and the Government. The Local Government Minister Ch.Jagjit Singh having mis-used his post illegally caused undue benefit to Prof. Darbari Lal etc. As such, after registration of the case, F.I.R under the aforesaid sections against all of them, copy of the F.I.R be sent to me. I shall conduct the investigations personally.

During the course of investigations, of any other officer/official and private person found to be offender would be considered."

On the basis of the said inquiry report, the FIR in question was registered.

Criminal Misc. No.M-25986 of 2008.

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The learned counsel for the petitioner has submitted that Ch. Jagjit Singh, Minister against whom there are similar allegations has been allowed the concession of anticipatory bail by Shri N. K. Gaur, Additional Sessions Judge, Amritsar vide order dated 23.9.2008. The allegations against the petitioner are the same. He has further contended that no compensation has been paid to the petitioner in compliance to the order passed by the Division Bench in the L.P.A. So, the petitioner was the owner of the property and he has got every right to sell the same. He has further contended that vide letter dated 6.2.1997, Annexure P-9, the Government has allowed the change of land user on certain conditions as mentioned in that letter. Vide order dated 7.3.2005, Annexure P-3, the Government of Punjab has sanctioned building scheme as provided under Section 275(3) of the Punjab Municipal Corporation Act, 1976. So, there was no mala fide on the part of the petitioner as he has sold the property being owner of the same. The matter relates to documentary evidence. So, in these circumstances, the petitioner is entitled to concession of bail.

This bail application has been vehemently opposed by the State counsel.

I have carefully considered the said submissions and Criminal Misc. No.M-25986 of 2008.

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have gone through the record of the case.

This is a glaring case of lust for prime land. Petitioner Gurcharan Singh is none else but the employee of Punjab Government. It is not disputed, during the course of arguments, that the petitioner remained posted at Amritsar as Municipal Engineer. The fact that at the relevant time of purchase, he was Municipal Engineer has been disputed. The order of Division Bench of Punjab and Haryana High Court has been violated flagrantly not by any other person but a qualified person. The petitioner himself has filed petition No.8072 of 1990 for sanction of the map on the ground that the stand of the Municipal Corporation is reserved for green space, is wrong. He along with other owners failed before a Single Bench and thereafter they preferred LPA No.446 of 1995. The said LPA was decided on 28.11.1996 and it was categorically held by the Division Bench that the land is meant for green area and the petitioner and the other co-owners have no right in the property. It was further observed that, at the most, they can get compensation as per their sale deeds. It is the specific stand of the Municipal Corporation that the compensation cheque was sent to the petitioner along with other co-owners but they have not accepted the same. However, the Criminal Misc. No.M-25986 of 2008.

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fact remains that the Division Bench of Punjab & Haryana High Court vide judgment dated 28.11.1996 has categorically held that the petitioner and the other co-owners have no right in the property in question.

So far as reliance on order dated 6.2.1997, Annexure P- 9 is concerned, from the bare perusal of said order, it is revealed that the order of the Division Bench has not been taken into consideration. Since the petitioner was at the helm of affair, he concealed the material facts and obtained the sanction of land user. However, during the course of arguments, it is admitted that the order dated 28.11.1996 passed by the Division Bench has become final. The fact remains that any sanction of plan or change of land user in spite of order of Division Bench is a nullity and it clearly proves that it is lust for prime land which has encouraged the petitioner and others to sell the land.

So far as grant of anticipatory bail to Ch. Jagjit Singh is concerned, the learned Additional Sessions Judge has not taken into account the fact that the land vested in the Municipal Corporation after sending the cheque of compensation. The remedy left with the original owners of the land was simply to seek compensation. Some political persons purchased the prime land Criminal Misc. No.M-25986 of 2008.

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ignoring the judgment dated 28.11.1996 of the Division Bench. Such type of tendency needs to be curbed with a heavy hand. The petitioner along with other co-owners even after having knowledge of the fact that the land has vested in the Municipal Corporation has sold the same to other persons for huge amount. It cannot be believed by any stretch of imagination that he had no knowledge of judgment dated 28.11.1996 passed by the Division Bench, more- so, when he himself was a party. So, taking into account, the entire circumstances, it is a fit case for custodial interrogation. So no ground for grant of anticipatory bail is made out.

Consequently, this bail application stands dismissed.




November 7,2008.                        ( K. C. Puri )
Jaggi                                        Judge

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