- (1.) This writ petition has been filed by the Petitioner, being the President of Anchalik Patrakar Association, with the following prayers: (i) Issue a writ, order or direction in the nature of mandamus directing the Respondent No. 1 to transfer the Investigation of Case Crime No. 1/07 under Section 120B, read with 420/467/468/471/201 IPC and 13(2) r/w 13(1) (d), P.C. Act, 1988 and Case Crime No. 2/07 under Section 120B, read with 409/420/467/468/471, IPC and 13 (2) read with 13 (1) (c) and 13(1)(d), P.C. Act, 1988, P.S. - S.I.T., U.P., Lucknow to the Respondent No. 24 for fair investigation within stipulated period. (ii) Issue a writ, order or direction in the nature of mandamus commanding the Respondent No. 24 to enquire the entire matter of transferring the plot No. A-6 and A-3, Industrial Area, Kursi Road, Barabanki by M/s. Easter Chemicals Ltd. to Society for Advancement in Education with the help of officers of the U.P. State Industrial Development Corporation and also changing the land use and causing a loss of rupees more than twenty crores of Government Revenue. (iii) Issue a writ, order or direction in the nature of mandamus commanding the Respondent No. 1 not to post tainted officers on the responsible posts in the interest of justice. (iv) Issue any other writ, order or direction which this Hon'ble Court may deem fit and proper under the circumstances of the case. (v) Allow the petition with cost.
(2.) Considering the seriousness of the allegations, as made by the Petitioner, we have called upon the learned Chief Standing Counsel and the learned Counsel appearing for the Uttar Pradesh State Industrial Development Corporation (hereinafter called the 'UPSIDC') to give their reply with regard to the specific prayers, as made herein above. In turn, the learned Chief Standing Counsel has contended before this Court that so far as the first prayer is concerned, a Special Investigation Team was constituted which following the procedure similar to the Central Bureau of Investigation, has completed the investigation and submitted its report to the higher authority on 22nd March, 2010, which will in turn send it to the State for taking appropriate decision for filing a report under Section 173 of the Code of Criminal Procedure in the matter. At this juncture, there is no necessity to shift the investigation to another authority unnecessarily. If anybody has any grievance with regard to the fairness of the investigation, that will come after getting the report and taking steps by the authority concerned in connection thereto. However, since the second prayer of the writ petition relates to the UPSIDC about the change of the land use, the learned Counsel appearing for the UPSIDC has produced before us a note under the signature of the Regiomil Manager, UPSIDC. The entire note is quoted hereunder: 1. UP State Industrial Development Authority was constituted by the Government of Uttar Pradesh through notification No. 1418/77-4-2001-267Bha/97 T.C.-l Lucknow dated 05.09.2001 under Uttar Pradesh State Government Authority Act, 1976 under the Chairmanship of Industrial Development Commissioner, Uttar Pradesh, Lucknow. 2. Uttar Pradesh State Industrial Development Area (Preparation and Finalisation of Plans) Regulations, 2004 was framed in exercise of power under Section 19 read with Section 6 of the Uttar Pradesh State Development Authority Act, 1976 by the UP State Industrial Development Authority.
(3.) UP State Industrial Development Area Land Development Regulations, 2004 was framed in exercise of power under Section 19 read with Section 6 of the Uttar Pradesh State Development Authority Act, 1976 by the U.P. State Industrial Development Authority.;