SC stays trial proceedings against 4 Hry IAS officers
Chandigarh, Aug. 8 -- The Supreme Court (SC) has stayed trial proceedings against four former Haryana IAS officers in the Manesar land deal case which was investigated by the Central Bureau of Investigation (CBI).
While the apex court had stayed the trial proceedings against former Haryana IAS officer, Rajeev Arora on May 29, the top court on July 16 and 29 ordered that trial proceedings with regards to retired IAS officers, Sudeep Singh Dhillon, Murari Lal Tayal and DR Dhingra shall stand stayed till the next date of hearing. The SC on July 29 also ordered a stay on the trial of former chief town planner, Dhare Singh.
Former chief minister Bhupinder Singh Hooda along with five former IAS officers and about 20 real estate developers have been indicted by the CBI in the case.
Former IAS officer, Rajeev Arora had petitioned the apex court after his revision petition challenging his summoning by a special CBI court was dismissed by the Punjab and Haryana high court on May 15.
A special CBI court had on December 1, 2020 ordered that the former IAS officer be summoned to face trial for committing offence under section 120-B read with 420 of the Indian Penal Code (IPC) in the Manesar land case. However, on a revision petition filed by Arora, the Punjab and Haryana high court on December 14, 2020 had stayed the operation and implementation of the order of the special CBI court.
Rejecting the challenge to the special CBI court's December 1, 2020 order, the HC on May15 said it found no illegality or infirmity in the order passed by learned special CBI court in summoning the petitioners.
An apex court bench headed by chief justice BR Gavai, however, on May 29 ordered that notice be issued to the respondents and "proceedings qua the petitioner (Rajeev Arora) shall stand stayed till the next date of hearing."
A special CBI court which is holding the trial of the case took note of the apex court's orders on Thursday. "Arguments on the point of charge on behalf of accused Dhare Singh, Kulwant Singh Lamba and DR Dhingra are to be heard. However, it has been pointed out that the Supreme Court has stayed further proceedings qua accused Dhare Singh and DR Dhingra. This court has also been intimated that so far as accused Kulwant Singh Lamba is concerned, he too has filed an SLP which is likely to come up for hearing shortly and it has been submitted that since his case is at par with accused Dhare Singh and DR Dhingra, he is also likely to be granted stay by the Supreme Court,'' the special CBI court said.
Taking the apex court order on record, special CBI judge, Rajeev Goyal in an August 7 order said arguments on charge on behalf of aforenamed accused (Dhare Singh and DR Dhingra) are not required to be heard at this stage. "However, chargesheet with regard to the remaining accused as per order dated December 1, 2020 except those accused (Rajeev Arora, Sudeep Singh Dhillon and Murari Lal Tayal) qua whom proceedings have been stayed by the Supreme Court is now required to be framed,'' the special CBI judge said while posting the case to August 22.
What was the land related matter
The Congress government headed by chief minister Bhupinder Singh Hooda was involved in the process to acquire about 912 acres in Gurgaon district for creating residential and recreational utilities in Industrial Model Township (IMT), Manesar. The acquisition process was halted in 2007 by the state government after a number of private real estate developers stepped in to buy the under-acquisition land from farmers under duress.
It is alleged that after the acquisition process under the Land Acquisition Act, 1894 started, a number of real estate developers colluded with the officials to buy 400 acres from land owners at throwaway prices by creating panic that if the land owners did not sell their land it will be acquired by the state government for a measly sum. The CBI in its investigations found that acting in haste and under duress, the farmers sold the land at throw away rates of around Rs.20-25 lakh per acre, totalling to about Rs.100 crore, while the market value at that time was above Rs.4 crore per acre, totalling to about Rs.1,600 crore....
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