Punjab-Haryana High Court
Harsh Kumar vs Central Bureau Of Investigation on 29 May, 2009
Author: Sabina
Bench: Sabina
Crl.Misc. M. No.14686 of 2009 1
IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
Crl. Misc. M No. 14686 of 2009
Date of Decision: May 29, 2009
Harsh Kumar ...........Petitioner
Versus
Central Bureau of Investigation ..........Respondent
Coram: Hon'ble Mrs. Justice Sabina
Present: Mr.S.S.Narula, Advocate
for the petitioner.
Mr.S.S.Sandhu, Advocate for Central Bureau of
Investigation.
**
Sabina, J.
Petitioner has filed this petition under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail to him in case FIR No.RC-CHG-2006-A0013 dated 7.4.2006 under Section 120-B read with Section 13(2) read with Section 13(1)(d) of the Prevention of Food Adulteration Act, 1988, Section 63 of Indian Forest Act, 1927, Section 19 of Punjab Land Preservation Act, 1900 Section 12 of Punjab New Capital (Periphery Control) Act, 1952, Section 3-A of the Forest Conservation Act, 1980 and Section 218 IPC registered at Police Station CBI ACB Chandigarh (Annexure P1), and in pursuance thereof, for issuance of directions to the Special Judge, CBI Patiala to release the petitioner on bail forthwith on his putting appearance before the said Court.
The prosecution case, as per FIR (Annexure P1), is as under:-
"In Civil Writ Petition No. 1134 of 2004 Court of its Own Crl.Misc. M. No.14686 of 2009 2 Motion Versus State of Punjab and others and C.W.P. No.1850 of 2004, Ranjit Singh Vs. Union of India and Others, the Hon'ble High Court of Punjab and Haryana at Chandigarh passed an order on October 12, 2004 directing the Central Bureau of Investigation for conducting a thorough probe into the question of accountability of top executive and administrative functionaries of the departments concerned of the Government of Punjab, some officers of the Central Government in relation to establishment and development of the Forest Hill Resorts at Village Karoran, Tehsil Kharar District Ropar. The Hon'ble Court further ordered CBI to report as to whether any one of them indulged in taking direct or indirect gratification and/or acted in violation of the Conduct Rules and if finds the Commission of a cognizable offence, to register a case under the appropriate provisions of the Penal Laws.
2. Based on the above orders, a Preliminary Enquiry No. PECHG20CHA0008 was registered on October 29,2004 against Executive and Administrative functionaries concerned of Punjab Government, Cental Government and Lt. Col.(Retd.) B.S.Sandhu, President Dashmesh Educational Society, Karoran and others.
3. Enquiry has revealed that Lt. Col. (Retd.) Sandhu was the President of M/s Dashmesh Educational Society having office at H.No.52, Sector 8-A, Chandigarh and Managing Director of World Wise Immigration Consultancy Services Limited and World wide Immigration Consultancy Resorts Pvt. Ltd., both with office at SCO No. 2415-16, Sector 22, Chandigarh during the Crl.Misc. M. No.14686 of 2009 3 relevant period. M/s Dashmesh Educational Society was registered on 16.7.1991 with Registrar of Firms and Societies, Chandigarh. M/s World Wide Immigration Consultancy Services Limited, M/s World Wide Immigration Consultancy Resorts Pvt. Ltd. registered on 5.7.2001 with Registrar of Companies, Jalandhar.
4. It was found during enquiry that the entire 3700 Acres land of Village Karoran was closed for non-forest purposes vide various notifications issued under Section 4 and 5 of the Punjab Land Preservation Act, 1900 (PLPA) by the Government of Punjab. Enquiry also disclosed that Lt.Col. (Retd.) Sandhu started purchasing land in Village Karoran, Distt. Ropar, Punjab in the year 1995-96 and converted its nature for putting it to non-forest use in the year 1996. Lt. Col.(Retd.) Sandhu had thus committed gross violations of the Forest Conservation Act, 1980 (FCA) and Punjab Land Preservation Act, 1900. Damage reports no. 131176 dated 27.9.1996, No. 131178 dated 15.11.1996, No. 131180 dated 16.1.1997, No. 131184 dated 12.6.1997, No. 131186 dated 16.6.1997 and No.131187 dated 24.6.1997 were filed by the Department of Forest against Lt. Col. (Retd.) Sandhu and his agents companies for violations committed in Village Karoran.
5. Enquiry has revealed that Sh.Jasjit Singh Samundri remained posted as Divisional Forest Officer, Ropar from April,1997 to June 2001. He filed six complaints vide Nos. 53 dated 19.4.1997, 163 dated 11.11.1997, 89 dated 5.9.1998, 90 dated 02/05.09.1998, 92 dated 02/05/09 against Lt. Col.(Retd.) B.S.Sadhu, his Crl.Misc. M. No.14686 of 2009 4 companies society in the Court of Chief Judicial Magistrate, Ropar.
6. Enquiry has disclosed that Lt. Col. (Retd.) Sandhu as President of Dashmesh Educational Society submitted two applications dated 4.7.1997 and 14.7.1997 seeking permission of the competent authority for construction of Farm House/Resort which were forwarded by Shri Samundri, the then DFO Ropar mentioning that there has been no -not legible- he had himself filed complaint in the ld. Court of Chief Judicial Magistrate, Ropar on 19.4.1997 after his subordinates had apprised him clearly about serious violations of Forest Laws by the applicant. Sh.Samundri intentionally concealing vital information and misusing his official position, forwarded the proposals of diversion of 0.92 and 4.94 hectares of forest land for construction of Farm House Resort which was a non-forest activity. The Government of India turned down this proposal.
7. Enquiry has disclosed that hillocks upto height of 10 ft. were got levelled by uprooting greenery by using very heavy machinery by Lt. Col. (Retd.) Sandhu and his associates. During the year 1998-2004. M/s Jaswant Rai Verma Contractor of Chandigarh carried out massive civil work for Forest Hill Resort at Village Karoran by using heavy machinery like JCB, Pocklain, tippers etc. for which Shri Verma received payment of Rs.10,97,346/- in the year 1998-1999 R.1,75,000/- in 1999-2000. Rs.16,34,985/- in 2000-2001, Rs.53,42,704/- in 2001-2002 and Rs. 17,57,451/- in the year 2002-2003.
Crl.Misc. M. No.14686 of 2009 5
8. Enquiry has further disclosed that as per the land record the nature of land purchased by Lt. Col. (Retd.) Sandhu and his associates was changed significantly, Barani land was converted into Gair Mumkin Golf Course and Golf Club, Gair Mumkin Pahar was converted into Gair Mumkin Country club and Golf Course. The water tanks,phar-not legible- and choe (rivulet) were amalgamated into Golf Course, Sh.Samundri, the then Divisional Forest Officers, Ropar entered into criminal conspiracy with Lt. Col(Retd.) Sandhu in abuse of his official position and facilitated the later to convert the forest land for non-forest purpose i.e. construction of Forst Hill Resort, Village Karoran
9. During enquiry comparison of forest cover maps for the year 1993-95 and 2000 prepared by Survey of India, Dehradun revealed that considerable portion of land, where now Forest Hill Resort Golf Course Country Club are situated had significant forest cover in 1993-1995 i.e. before purchase of land by Lt. Col. (Retd.), Sandhu and were without forest cover in 2000.
10. Enquiry has disclosed that Shri Harsh Kumar, IFS, Dy. Conservator of Forest, Planning and Investigation, Hoshiarpur received a complaint from OSD to Chief Minster, Punjab made by Shri S.K.Bhatti, Advocate regarding violation of Forest Conservation Act in District Ropar. Sh. Harsh Kumar made enquiries into the complaint and prepared a report dated 21.2.2003 stating that there were serious violations of Forest Conservation Act, 1980 and Indian Forest Act, 1927 by Ld.col. (Retd.) Sandhu and his associates. He had mentioned that the area Crl.Misc. M. No.14686 of 2009 6 is closed under the P.L.P.A. and a Golf Course, a Bar-cum- Restaurant. Golf Range office Complex, a parking place for vehicles, net work of roads, dams and lake etc. covering total area of more than 67 Acres was under construction. But surprisingly, Sh.Harsh Kumar was found to have prepared a second report dated 16.4.2003 suo-moto in which he recommended that Government should denotify the area given in the notification and take this out of purview of PLPA. He intentionally prepared a false inventory report of trees in the said forest land to extend undue benefit to Lt. Col. (Retd.) Sandhu and forwarded the same to DFO, Ropar for comparison with Register No.1 to ascertain the actual number of tress cut by M/s Dashmesh Educational Society. Enquiry has further revealed that there was no such register maintained in the office of DFO, Ropar, Lt. Col. (Retd.) Sandhu has made use of this inventory report and the second enquiry report in various courts in his defence.
11. -not legible- disclosed that as per Punjab New Capital Periphery Control Act, 1952, the area within 10 miles of outer boundary of Chandigarh is prohibited for any construction without prior permission of PUDA. Lt. Col. (Retd.) Sandhu gave an application on 11.5.1996 to the Chief Administrator, PUDA for establishment of his Spring Dale academy at Village Karoran, which was rejected by the then Chief Town Planner as the same was falling in agriculture afore-station zone and rejection was communicated in writing. Enquiry has revealed that Lt. Col. (Retd.) Sandhu had given another application on 21.8.1998 to Crl.Misc. M. No.14686 of 2009 7 Chief Administrtor, PUDA. Shri S.C.Aggarwal for establishing Forest Hill and Country Club Resort. However, Sh.Aggarwal did not communicate the decision on the said application to the petitioner with a dishonest intention, even though he was aware that the decision has to be communicated to the applicant within three months as per the provisions of Punjab New Capital (Periphery) Control Act, 1952. It was also revealed that Field Officers of PUDA reported to Sh.Aggarwal, Chief Administrator about serious violations of laws. Punjab Land Preservation Act, 1900 by Lt. Col. (Retd.) B.S.Sandhu like uprooting of trees and construction activities,but Sh.Aggarwal did not make any effort to demolish remove these unauthorized constructions.
12. Enquiry has disclosed that subsequently Shri R.B.S. Sidhu, IAS took over as Chief Administrator of PUDA on 29.10.1999 and a series of meanings on the issue of construction of Forest Hill Resort at Village Karoran in violation of the existing laws, but no action was taken to stop the construction. Lt. Col. (Retd.) Sandhu as President Dashmesh Educational Society submitted an application dated 02.09.2000 to Sh,Sidhu, Chief Administrator, PUDA for according sanction to set up Forest Hill Resort at Village Karoran, District Ropar, Punjab. Sh.Sidhu vide his note dated 4.9.2000 ordered to process the application of Lt. Col. Sandhu (Retd.). In the meantime, another application dated 6.2.2001 addressed to Sh.Sidhu was received from Lt. Col. (Retd.) Sandhu. Sh. Sidhu deliberately kept these applications pending and no decision was communicated as stipulated in the provisions Crl.Misc. M. No.14686 of 2009 8 of Punjab New Capital Periphery Control Act, 1952.
13. Enquiry has disclosed that these acts of commission and omission on the part of Sh.S.C. Aggarwal, IAS and Sh..K.B.S.Sidhu, IAS, both the then Chief Administrator, PUDA facilitated Lt. Col. (Retd.) Sandhu in connecting with the unauthorized constructions in the periphery and later filing a civil suit seeking relief as non-communication of decision within the stipulated time was to be interpreted as deemed permission under the provisions of Punjab New Capital (Periphery) Control Act, 1952. These officers have been found responsible for not taking any action to enforce the provisions of Punjab New Capital (Periphery) Control Act, 1952 by stopping Lt. Col. (Retd.) Sandhu in carrying out unauthorized constructions in the Periphery of Chandigarh.
14. The above facts revealed during the preliminary enquiry, prima facie disclose commission of cognizable offences under Section 120-B IPC read with Section 13(2) read with 13(1)(d) of PC Act, 1988, under section 63 of Indian Forest Act, 1927, under Section 19 of Punjab Land Preservation Act, 1900 and under Section 12 of Punjab New Capital (Periphery) Control Act, 1952 by Lt. Col.(Retd.) B.S.Sandhu, President Dashmesh Educational Society and Managing Director of WWICS,WWICS Resorts Ltd., Sh.J.S.Samundri, IFS, the then Divisional Forest Officer, Ropar. Sh.Harsh Kumar, IFS, the then Dy.Conservator of Forest, Planning and Investigation, Hoshiarpur, Punjab, Sh.S.C.Aggarwal, IAS and Sh.K.B.S.Sidhu, IAS both the then Crl.Misc. M. No.14686 of 2009 9 Chief Administrator,PUDA Mohali."
Learned counsel for the petitioner has submitted that now the petitioner has been summoned to face the trail in the FIR in question after the submission of the chargesheet by the respondent. Learned counsel for the petitioner has submitted that the petitioner was not required for custodial interrogation as respondent has not sought to arrest the petitioner during investigation. No reliance could be placed on the affidavit of co- accused Rajiv Bajaj furnished against the petitioner.
Now vide order dated 20.52009, the case has been fixed for appearance of the petitioner before the Special Judge, CBI, Punjab Patiala. In the facts and circumstances of the present case, it would be just and expedient to direct the petitioner to surrender before the trial Court and apply for regular bail. The other co-accused had also surrendered before the Special Judge and applied for regular bail.
Accordingly, without expressing any opinion on merits of the case, this petition is disposed of with a direction to the petitioner to surrender before the Special Judge, CBI Punjab, Patiala on or before 03.06.2009 and apply for regular bail and the said Court is directed to dispose of the regular bail application, if any, moved by the petitioner on the same day.
(Sabina) Judge May 29, 2009 arya Crl.Misc. M. No.14686 of 2009 10 Crl.Misc. M. No.14686 of 2009 11 Crl.Misc. M. No.14686 of 2009 12 Crl.Misc. M. No.14686 of 2009 13 Crl.Misc. M. No.14686 of 2009 14