Harsh Kumar, J. - (1.) The appeal has been filed against the judgment and order dated 20.11.2012 passed by Special Judge, Ante -Corruption (CBI), Ghaziabad in Special Case No. 28 of 2002 CBI v/s. Smt. Neera Yadav arising out of Case Crime No. R.C. No. 3(A)/98ACU -VII, Police Station CBI/ACU -7, New Delhi under Sec. 13(1)(d) read with Sec. 13(2) Prevention of Corruption Act, 1988 (hereinafter referred to as PC Act) district Ghaziabad convicting the appellant for offences under Sec. 13(1)(d) read with Sec. 13(2) PC Act and sentencing her with rigorous imprisonment for a period of 3 years and fine of Rs. 1.00 lakh and in case of default in payment of fine with simple imprisonment for an additional period of four months.
(2.) The relevant brief facts of the case are that in furtherance of order dated 20.1.1998 passed by the Hon'ble Apex Court, F.I.R. was lodged by Central Bureau of Investigation on 26.2.1998 at Case Crime No. R.C. No. 3(A)/98ACU -VIII, with the averments that Smt. Neera Yadav, IAS 1971 batch was Chairperson/Chief Executive Officer (hereinafter referred to as CCEO) of New Okhla Industrial Development Authority (hereinafter referred to as Noida) w.e.f. 10.1.1994 to 8.11.1995 and she committed a crime under Sec. 13(1)(d) read with Sec. 13(2) PC Act by committing following acts of commission and omission in the matters of allotments, conversion and regularization of several residential/commercial plots in her name in the name of her daughters amongst others in criminal conspiracy with the Officers of Noida that: - - "(i) that Smt. Yadav had three unmarried daughters out of whom eldest Km. Sanskriti was studying abroad since 1991 and second one Km Suruchi had studied abroad from September 1996 to 1997; that Km Sanskriti was allotted shop No. 9 in sector 28 and obtained possession through her sister Km Suruchi and upon her request, for issuance of functional certificate, it was immediately issued on the same date 6.6.1994 on the strength of ownership of which shop she applied for allotment of a residential plot under the scheme 1994 (ii) of Noida, was allotted plot No. B -73 in sector 44 of Noida and later on, got it converted to plot No. A -33 in Sector 44; that Km Suruchi another daughter of Smt. Neera Yadav was allotted shop No. 74 in Sector 15 of Noida and after obtaining possession by her, the same was also declared to be functional on 28.5.1994 and on the strength of ownership of the shop, she applied for allotment of a plot under the scheme 1994 (iii) and was allotted plot No. B -88 area 450 sq. mts. in Sector 51, which was subsequently converted to plot No. A -32 adjoining to plot No. A -33 (allotted to her sister) in Sector 44 Noida; that the shop was allotted to Km Suruchi after closure of scheme of 1992 and no certificate was enclosed with the applications of any of the two daughters of appellant Smt. Neera Yadav about their shops being functional or being run by any of them. (ii) that in first lottery under the scheme 1994 (i) appellant Smt. Neera Yadav was allotted plot No. B -002 area 300 sq. mts. in sector 32 and after one week on her request, for conversion of plot in developed sector, she was allotted plot No. 26 area 450 sq. mts., in sector 14 -A of Noida, and thereafter its area was enhanced by 112.5 sq. mts., which was lying between sector 26 and 27, against the Rules, as it could not have been allotted without due publication; that Sector 14 -A was reserved only for the officers of Noida and could not have been allotted to any other private person, (iii) that plot No. 27 -A in Sector 14 -A, which was reserved for Government Guest House was allotted after conversion to Sri Rajiv Kumar, Deputy Chief Executive Officer, Noida (the appellant of Criminal Appeal No. 4717 of 2012) in violation of Rules, (iv) that several plots were allotted to different influential as well as political persons including brothers of Ex. Chief Minister Miss Mayawati, wrongly, illegally and against the rules and regulations of Noida, just to favour them and even without enclosing the requisite eligibility certificates by them, their applications were entertained and included in draw of lottery or otherwise and they were allotted plots out of turn."
(3.) That in this manner Smt. Neera Yadav in her capacity as CCEO of Noida, being a public servant in -conspiracy with some other officers of Noida as well as certain private persons, by use of corrupt and illegal means and by abusing her position, as public servant without protecting the public interests obtained valuable things and pecuniary advantages to herself, caused such benefits to others and caused loss to Noida and by her actions, the Government, has been cheated and the facts disclose commission of offences by her with other punishable under Sec. 120B read with Sec. 420 IPC and Sec. 13(1)(d) read with Sec. 13 (2) of Prevention and Corruption Act, 1988 (hereinafter referred as "P.C. Act").;