Ajit Singh, J. - (1.) Heard Sri Satish Trivedi, learned Senior Counsel assisted by Sri Sheshadri Trivedi, Sri Ajay Kumar Sharma, learned counsel for the petitioner and Sri Rajesh Mishra, learned A.G.A. for the State.
(2.) This criminal misc. writ petition has been filed by the petitioner with a prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 3.6.2018 bearing Case Crime no. 421 of 2018, under Sections 420, 467, 468, 471, 120B I.P.C. and Section 13 Prevention of Corruption Act, 1988, P.S. Kasna, district-Gautam Budh Nagar. A further prayer has been made for directing the respondents not to arrest the petitioner consequent to the First Information Report.
(3.) The brief facts alleging to this writ petition are that an F.I.R. was lodged by one Sri Gjendra Singh, Pratisar Nirikchak against the officials/officers of the Yamuna Expressway, Industrial Development Authority and other persons on 3.6.2018, which was registered as Case Crime no. 421 of 2018, under Sections 420, 467, 468, 471, 120B I.P.C. and Section 13 Prevention of Corruption Act, 1988. Although the petitioner is not specifically named in the first information report. In the said F.I.R. it was mentioned that after perusal of the inquiry report dated 8.12.2017 of Maha Prabandhak, Niyojan (General Manager, Planning) and report of the Executive Officer of Yamuna Expressway, Industrial Development Authority dated 7.5.2018 in the same matter, the Chairmperson of Yamuna Expressway, Industrial Development Authority/Commissioner Meerut, Division Meerut found that in district Mathura, Yamuna Expressway Industrial Development Authority had purchased land of seven villages namely, Madaur, Seupatti Bangar, Seupatti Khadar, Kaulana Bangar, Kaulana Khadar, Sautipura Bangar and Navjheel Bangar, in respect of which a total payment of Rs. 85.49 crore was made. These lands were alleged to be purchased by the close relatives, friends and other persons who were relatives of Sri P.C. Gupta, the then Chief Executive Officer and other Officers of Yamuna Expressway, Industrial Development Authority. These officers in collusion with their relatives and acquaintances had got the said land purchased for price which was more than double of actual price and thus they caused the financial loss to Yamuna Expressway, Industrial Development Authority. Those relatives and acquaintances of the above mentioned officers, in collusion with each other had got the lands of those seven villages purchased at various places at much higher prices and it is worth mentioning that approximately 57.1549 hec. of land which was purchased, remained unutilized/vacant till now and there is no possibility of being used in future as well. It was also mentioned in the F.I.R. that the said lands were purchased for three schemes for construction of Entry and Exit Ramps on Yamuna Expressway, there was a strong possibility of fast development of the said region. It was further alleged in the F.I.R. that whatever land was purchased there, out of that, some land was not utilized for construction of Exit or Entry Ramps, because in the plan/map, the land was being shown much away from the Ramps. Moreover, no administrative approval to purchase of that land was obtained nor the said land was proposed for construction of Ramps. In purchasing of said lands several irregularities were committed namely, the lands which were distributed among seven villages at different places, were not integrated and all these Khasras were separated from each other, which is evident from perusal of the map. The so acquired lands were lying vacant on the spot. The rate of acquisition of these lands was kept much higher from the rate which was prevalent at that time, details of which are mentioned in the First Information Report. It is further mentioned in the F.I.R. that the lands in question were purchased from the farmers by relatives and friends/acquaintances of the officers of Yamuna Expressway Industrial Development Authority then these lands were purchased by the authority at more than twice of its value without any necessity and procedure of purchase prevalent at that point of time was not adopted. Neither any public notice was advertised in a newspaper nor any publication was made for inviting objections. The lands were purchased contrary to the recommendations made by the committee which was constituted for identification of Khasra numbers in Abadi plots. It was further alleged that the land was not integrated and all the lands were not even. Out of 57.1549 hec. Of land purchased by the Authority, about 41 hec. Of land was purchased from just 19 persons of the companies who had purchased the said land just 2-4 months prior to purchase of those lands by authority, from the farmers and in relation to that land, an amount of Rs. 50 crores was paid to these persons/companies. These 19 persons/companies belong to Delhi, Gaziabad, Bulandshahar, Noida, Meerut and Agra. An inquiry was conducted by Mahaprabandhak, Niyojak (General Manager, Planning) regarding these companies and according to him all these companies were found to be sham companies which were made by some persons only in collusion with each other. Some of these companies owned by the relatives of the then Chief Executive Officer Sri P.C. Gupta and the other officials of Yamuna Expressway Industrial Development Authority, from whom the authority has purchased 0.9720 hec. of at Rs. 162.15 lac. The aforesaid accused persons had formed sham companies by preparing forged documents. It is also mentioned that the payments were made very cleverly as they were made in small cheques of about 30-30 lac each, so that the authority had to bear the expenditure of registration on the higher side by having to get more number of registries done, although the intention was that the registries of the such smaller amounts may not come in notice easily.;