NEERA YADAV Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) <JGN>Kurian Joseph,R.Banumathi</JGN> <ADV>K.V.Vishwanathan,P.V.Dinesh,Arushi Singh,K.Bineesh,Rajendra Beniwal,Abhishek Thakur,Mukesh Kumar Maroria</ADV> <AT>Criminal Appeal No. 253 of 2017</AT> <SI><ACT>Prevention Of Corruption Act, 1988</ACT><S>S.13(2)</S><S>S.13(1)(D)</S><S>S.19(1)</S><S>S.13</S> <ACT>Uttar Pradesh Industrial Area Development Act, 1976</ACT> <ACT>Delhi Special Police Establishment Act, 1946</ACT><S>S.6A</S> <ACT>Indian Penal Code, 1860</ACT><S>S.71</S><S>S.498A</S><S>S.120B</S> <ACT>Code Of Criminal Procedure, 1973</ACT><S>S.218</S><S>S.223</S><S>S.427</S><S>S.427(1)</S><S>S.31</S> . [Para ]</SI> <RC>Benson V. State Of Kerala, 2016 10 SCC 307</RC><RCG>REFERRED TO</RCG> <RC>K. Prabhakaran V. P. Jayarajan, 2005 1 SCC 754</RC><RCG>REFERRED TO</RCG> <RC>K.C. Sareen V. C.B.I., Chandigarh, 2001 6 SCC 584</RC><RCG>REFERRED TO</RCG> <RC>Manoj Narula V. Union Of India, 2014 9 SCC 1</RC><RCG>REFERRED TO</RCG> <RC>Mohd. Akhtar Hussain V. Asst. Collector, Customs, 1988 4 SCC 183</RC><RCG>REFERRED TO</RCG> <RC>Nagaraja Rao V. Central Bureau Of Investigation, 2015 4 SCC 302</RC><RCG>REFERRED TO</RCG> <RC>Niranjan Hemchandra Sashittal V. State Of Maharashtra, 2013 4 SCC 642</RC><RCG>REFERRED TO</RCG> <RC>Noida Entrepreneurs Association (Registered) V. New Okhla Industrial Development Authority, 2011 6 SCC 527</RC><RCG>REFERRED TO</RCG> <RC>Noida Entrepreneurs Association V. Noida, 2011 6 SCC 526</RC><RCG>REFERRED TO</RCG> <RC>O.M. Cherian Alias Thankachan V. State Of Kerala, 2015 2 SCC 501</RC><RCG>REFERRED TO</RCG> <RC>Subramanian Swamy V. Director, Central Bureau Of Investigation, 2014 8 SCC 682</RC><RCG>REFERRED TO</RCG> <RC>Subramanian Swamy V. Manmohan Singh, 2012 3 SCC 64</RC><RCG>REFERRED TO</RCG> <RC>V.K. Bansal V. State Of Haryana, 2013 7 SCC 211</RC><RCG>REFERRED TO</RCG> <JT> <PARA> <JGN>Kurian Joseph,R.Banumathi</JGN> 1.This appeal arises out of the judgment dated 24.02.2016 passed by High Court of Judicature at Allahabad in Criminal Appeal No.4837 of 2012, affirming the conviction of appellant-Neera Yadav, the then Chairperson and Chief Executive Officer (CCEO) of NOIDA (New Okhla Industrial Development Authority) under Sec. 13(2) read with Sec. 13(1)(d) of Prevention of Corruption Act, 1988 (for short 'P.C. Act') and sentencing her to undergo rigorous imprisonment for a period of three years and fine of Rs. 1,00,000.00 and in case of default in payment of fine with simple imprisonment for an additional period of four months.

(2.) It is a harsh reality that corruption has become all-pervasive in the present system of bureaucracy. It is a fact that rich and powerful try to stall the trial and conviction. However, fortunately, the present case has risen as an exception.

(3.) It is a well known fact that New Okhla Industrial Development Authority (N.O.I.D.A.) U.P. (hereinafter referred to as "NOIDA") was established in the year 1976 with the responsibility of developing and managing Asia's largest Integrated Industrial Township for the industrial growth of the area, under the Uttar Pradesh Industrial Area Development Act, 1976 in the National Capital Region. Administration of NOIDA was entrusted to high level public officials so as to develop a planned, integrated, modern Industrial City, well connected to Delhi through a network of roads, national highways and the ultra - modern DND flyover, offering inter - road linkages to all parts of the country. Spread over 20,316 hectares, with many sectors fully developed, NOIDA offers a pollution free, high standard of living and is highly supportive of industrial environment with its unique infrastructure providing numerous, matchless facilities. However, the project got marred by land allotment scams worth several crores of rupees, owing to abuse of position and power by the officials entrusted with the management and control of NOIDA itself. In this connection, several complaints surfaced alleging irregularities in allotments and conversions of land in 'NOIDA'. Explanation was sought in this regard by the then Principal Secretary (Heavy Industries) of the Government of U.P. from Appellant Neera Yadav, the then Chairperson-cum-Chief Executive Officer (CCEO) of NOIDA. But, a final decision was taken not to initiate any departmental inquiry in the matter against the officials concerned.