- (1.) In these proceedings, which have been filed purportedly in the public interest, the grievance is that in the villages of Jaganpur Afzalpur, Fatehpur Atta and Dankaur of District Gautam Budh Nagar, a large area of land admeasuring 117 Bighas belonging to the Gram Sabha has been usurped by third parties in collusion with the officials of the Government and of the Consolidation Department.
(2.) The petitioners seek a proper inquiry and the cancellation of the allotments. Moreover, action is sought to be invoked against the erring Consolidation Officers and employees involved in the fraudulent allotments of the Gram Sabha land. A reference to the Central Bureau of Investigation has also been sought.
(3.) In pursuance of the interim direction that was issued by the Division Bench during the course of the summer recess, an affidavit has been filed on behalf of the State through the Principal Secretary (Revenue) and the Consolidation Commissioner. It has been stated by the Consolidation Commissioner that by an order dated 12 January 2012, a four member committee was constituted comprising of the Deputy Director Consolidation, Settlement Officer Consolidation, City Magistrate/Incharge Settlement Officer Consolidation, Gautam Budh Nagar and the Consolidation Officer, Jyotiba Phule Nagar for inquiring into the allegations that irregularities were committed in the allotments of chaks by transferring the Gram Sabha land to private tenure holders. A report by the said committee was submitted on 13 February 2012 and it was found that about 117 Bighas of Gram Sabha land had been allotted in an irregular manner. The Consolidation Commissioner, by a letter dated 30 April 2012, forwarded the report to the District Magistrate/District Deputy Director Consolidation, Gautam Budh Nagar for appropriate action against the guilty officials. The District Magistrate, Gautam Budh Nagar constituted a three member committee comprising of the District Deputy Director Consolidation, Additional District Magistrate (E) and the Additional District Magistrate (Land Acquisition), Gautam Budh Nagar. In its report dated 20 September 2012, the three member committee pointed out certain specific cases as well as the names of officials who are responsible for causing damage to the land belonging to the Gram Sabha. The report was forwarded by the District Magistrate to the Consolidation Commissioner, Lucknow. On 2 April 2013, the Consolidation Commissioner directed the District Magistrate, Gautam Budh Nagar to submit a report after lodging an F.I.R. against the guilty officials/employees and beneficiaries. In compliance thereof, the Assistant Consolidation Officer, Gautam Budh Nagar lodged an F.I.R. on 18 May 2013 (Case Crime No. 266 of 2013) under Section 420 of the Indian Penal Code read with Section 3/5 of the Prevention of Damage to Public Property Act, 1984. The Investigating agency has submitted charge sheets against six persons while the investigation against the remaining accused is under progress. Disciplinary proceedings are also stated to have been instituted against officials found to be involved by the report dated 20 September 2012.;