New Delhi:The Supreme Court Thursday sought a report from a committee regarding illegally paid compensation in collusion and connivance with the officers of New Okhla Industrial Development Authority (NOIDA) and the beneficiaries within two weeks and also directed the committee to immediately look into the records of NOIDA.
In a previous hearing, the apex court had noted that the reported case is not the sole instance and there are numerous cases in which the NOIDA has paid compensation to the land owners, without any entitlement in law, prima facie for extraneous considerations, and "prima facie, the entire Noida set up appears to be involved".
A bench comprising justices Surya Kant, Dipankar Datta, and Ujjal Bhuyan, in an order, said: “In purported compliance of the order dated September 14, 2023, Additional Advocate General, appearing on behalf of the State of Uttar Pradesh, states that a committee comprising three officers, which includes one police officer in the rank of Additional Director General of Police, Meerut Zone, has been constituted to examine the cases where the NOIDA might have illegally paid compensation in collusion and connivance with the officers of NOIDA and the beneficiaries”.
The bench said though the said committee has been called as `SIT’ but it appears to it that it is essentially a fact-finding committee. “Let the said committee immediately look into the records of NOIDA and submit a report to this court within two weeks. It is made clear that no further time shall be granted for the said purpose”, said the bench, in its order.
The top court said after perusal of the report, which would be produced before it, the desirability of issuing directions for an independent and fair investigation will be considered on the next date of hearing. The bench scheduled the matter for further hearing on November 2, and extended the interim protection granted to the petitioner.
The top court’s order came on a plea by Virendra Singh Nagar, who is a Law Officer in Noida. Nagar moved the apex court against an order passed by the Allahabad High Court, rejecting his anticipatory bail application. An FIR was registered in 2021 against the petitioner, Dinesh Kumar Singh, and Ramwati under sections 420, 468, 471, 120B of IPC read with a section of Prevention of Corruption Act, for causing wrongful loss to Noida authority. “It was alleged that the Petitioner in gross dereliction of its duty and without verifying the genuineness of the payment of compensation application of Smt. Ramwati, recommended for payment of the compensation to Smt. Ramwati which led to wrongful loss of approx. 7 crores to the Noida Authority”, said Nagar’s plea, filed through advocate Vinod Kumar Tewari. Nagar apprehended his arrest and moved the high court seeking anticipatory bail.
The apex court, in its September 14, 2013, order noted that the case has been registered against two officers of Noida and one land owner to whom the compensation to the tune of Rs.7,26,80,427/- is alleged to have been wrongly paid without any entitlement, in furtherance of a criminal conspiracy.
The bench noted that during the course of hearing, it transpires that the reported case is not the sole instance and there are numerous cases in which the New Okhla Industrial Development Authority has paid compensation to the land owners, without any entitlement in law, prima facie for extraneous considerations.
“In our considered view, it cannot be done at the instance of one or two officers of the Authority. Prima facie, the entire Noida set up appears to be involved. In such circumstances, it appears to us necessary to refer the matter to some independent agency for a deeper probe and to unearth the truth”, the apex court had said in its September 14 order.
Additional Advocate General appearing on behalf of the respondent – State of Uttar Pradesh had sought time to have instructions from the state government. The apex court had then posted the matter for hearing on October 5.
Also read: 'ED needs to be transparent, can't be vindictive in its stand': SC grants bail to real estate firm directors
