- (1.) This Court took cognizance of unauthorized occupation of the properties of four big Public Sector Undertakings, namely, Heavy Engineering Corporation, Central Coalfields Limited, Bharat Coking Coal Limited and Bokaro Steel Limited on 4th April, 2011 and directions were issued to remove encroachments from the properties of these four public sector undertakings. The matter was handed over to CBI and the facts which have been revealed by the CBI fully justified for taking action by the Court. The gravity of illegalities can be well assessed from the chart which we are mentioning below in this order: Sl. No. Name of the PSU/Case No. No. of dwelling units under unauthorized occupation No. of plots of land under unauthorized occupation Amount of expenditure incurred on the electricity and water consumed by the unauthorized occupants Amount of expenditure incurred on the maintenance of dwelling units unauthorizedly occupied. 1. CCL/ PE2(A)/2011-AHD-R 15317 6960 plots 32,14,97,250/- (during last year) 93,58,378/- (during last ten years) 2. HEC/ PE3(A)/2011-AHD-R 243 472.12 acres 7,18,365/- (during last ten years) Nil 3. BSL/ PE4(A)/2011-AHD-R 162 2086.39 acres 3,37,376/- (during last four months) Nil 4. BCCL/ PE5(A)/2011-AHD-R 18100 31223 plots 1,09,28,01,431/- (during last ten years) Nil
(2.) It is submitted by the counsel for the parties that these Public Sector Undertakings are under the control of concerned Ministries i.e., Ministry of Coal, Ministry of Heavy Industries and Ministry of Steel. In view of the above fact, we believe that there must be some auditing of these companies by higher authorities, which may include even CAG and if these companies are not subject to check and audit by the CAG, even then they are under the control of very high officers under the Central Ministries and under them about 34,000/- dwelling units have been unauthorizedly occupied by not only by employees or labourers or workers but also by high ups who have been identified by the CBI as "dignitaries", which includes Member of Parliament, Deputy Chief Minister, Superintended of Police, I.A.S officers, Leaders of Political Parties, Former M.L.A.s, Union Leaders, Press Reporters etc. etc. Not only this but total number of plots 31223 of BCCL have been encroached upon by unauthorized elements. In addition to above, 69960 plots have been encroached in the properties of CCL. This is the state of affairs in relation to only four Public Sector Undertakings and that too only over the properties of these Public Sector Undertakings situated only in one city i.e., Ranchi in the State of Jharkhand. Shockingly the amount of Rs. 1,09,28,01,431/- has been paid by this Public Sector Undertaking (BCCL) for Electricity and Water charges for these encroachers with expenditure incurred on the maintenance of dwelling units unauthorizedly occupied to the extent of Rs. 93,58,378/- for unauthorized occupants of one company, CCL and details of others are not available.
(3.) This raises a serious question about the working of these four companies in dealing with the money invested by the Central Government as well as the questions seriously arises about total lack of governance in the matter of dealing with the properties of the Public Sector Undertakings. We passed the detailed order on 13th June, 2011 and took note of other facts and directed the CBI to disclose the names of the dignitaries and the CBI disclosed the names of dignitaries which are referred above. Then this Court directed to take action against those dignitaries, upon which from the premises of one company only, possession has been taken from so called dignitaries, but possession from other alleged dignitaries have not been taken by other companies.;