Industrial land for real estate in Mohali: SC stays further proceedings for 4 weeks

The Supreme Court (SC) has stayed further proceedings in the January 5 FIR, registered by Punjab vigilance bureau, in the case of an alleged illegal transfer of an industrial plot to a real estate company by the Punjab Small Industries and Export Corporation (PSIEC), for the setting up of a township in Phase-9 Industrial area.

The apex court bench of justice Krishna Murari and justice CT Ravi Kumar acted on the plea from one Parminder Singh, among others, who had approached the court demanding that the probe of the criminal case be handed over to the Central Bureau of Investigation (CBI) as no free, fair or impartial investigation can be expected from the Punjab Police.

Former industries minister Sunder Sham Arora, an IAS officer and 10 other officials have been named as accused in the case wherein allegations are of “wrong bifurcation” of a 25-acre plot in Industrial Focal Point, Mohali, to allegedly benefit realty firm ‘Gulmohar Township Private Limited’, causing a huge loss to the state exchequer.

It was argued in the plea that despite the industries ministry’s response to the vigilance bureau’s query that none of the allegations carry any substance as permission to bifurcate the plot in question and transfer was perfectly in accordance with the prevailing policy under which several similar permissions have been granted all over the state, the FIR in question was registered.

It was also pleaded that without obtaining the mandatory previous approval as required under Section 17A of the Prevention of Corruption Act, 1988, the FIR was registered.

The court took note of the submissions that because of the harassment and alleged false implications, a contingent of senior IAS officers met the then chief minister, who after looking into the matter, directed the chief secretary to call for records from vigilance bureau and ascertain the adherence to the procedural requirements. A communication was also allegedly sent by secretary vigilance to the chief director, vigilance bureau, to comply with the mandate of Section 17A of the PC Act and not to indulge in colourable interpretation of facts. However, nothing appears to have been done in the matter.

In view of these claims by the petitioners, the court directed that all further proceedings arising out of and emanating from the FIR in question as well as coercive actions would remain stayed for four weeks. The extension of the interim relief or any other relief, if warranted would be considered by high court, if it is approached, the bench said.