M C MEHTA Vs. UNION OF INDIA

JUDGEMENT

(1.) A purported vertical difference of opinion in the administrative hierarchy in CBI between the team of investigating officers and the law officers on one hand and Director of Prosecution on the other hand on the question as to whether there exists adequate evidence for judicial scrutiny in the case of criminal misconduct concerning Taj Heritage Corridor Project involving 12 accused including former Chief Minister has resulted in the legal stalemate which warrants interpretation of Section 173(2) Cr. PC.

(2.) On 25.3.2003, the Uttar Pradesh Government started a project known as Taj Heritage Corridor Project (hereinafter referred to as "the project") to divert the Yamuna and to reclaim 75 acres between Agra Fort and the Taj and use the reclaimed land for constructing food plazas, shops and amusement activities in terms of development of Heritage Corridor for Taj Trapezium Zone (hereinafter referred to as the "TTZ") at Agra. This led to the filing of an I.A. No. 387 in Civil Writ Petition No. 13381/84 pending in this Court. Vide Order dated 16.7.2003 this Court observed that, it was painful that the concerned persons in power are trying to damage or endanger the World Heritage by their hasty/ irregular/ illegal activities. By the said order, this Court directed a detailed inquiry as to who cleared the project, for what purpose it was cleared, and why it was cleared without the sanction of the competent authority. This Court also inquired as to whether their exists any illegality or irregularity and, if so, this Court called for the names of the concerned officers/ persons. Accordingly by the said order, a CBI inquiry was ordered. A report on the preliminary inquiry was called for from CBI within four weeks.

(3.) By Order dated 21.8.2003 in I.A. No. 376 in Writ Petition (C) No. 13381/84 this Court ordered CBI to verify from the assets of the officers/ persons as to whether there was any flow of funds into their accounts from the state exchequer. This order was passed on the basis of the confidential report submitted by CBI to this Court under which it was reported that a sum of Rs. 17 crores were released from the state exchequer without proper sanction of the competent authority.