HARISH GULLA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri L.P. Mishra assisted by Sri Abhinav Narayan Trivedi, learned counsel for the applicants, Sri Pranjal Krishna for the opposite party no. 2 and Sri Aniruddh Kumar Singh, learned AGA-I for the state.

(2.) By means of the instant application, prayer has been made for quashing the impugned charge sheet dtd. 5/9/2019 and 10/10/2019, in Case Crime No. 162 of 2018, under Ss. 406, 419, 420, 506, 467, 468, 471 of IPC at Police Station- Vibhuti Khand, District Lucknow and further the summoning order dtd. 6/9/2019 and 18/11/2019 has also been assailed.

(3.) Factual matrix of the case is that the UP Government has formulated Hi-Tech Township Policy, 2003 for planned development in the State of UP on 23/8/2003 and after promulgation of the policy, M/s Ansal Properties and Infrastructure Ltd., being eligible for undertaking township, applied for and was granted Hi-Tech Township licence on 26/11/2005 and it took shape in the name and style of 'Sushant Golf City Lucknow'. The Hi-Tech Township Policy, 2003 was amended time to time and other Hi-Tech Township Policy, 2007 was promulgated on 7/9/2007 while superseding the Hi-Tech Township Policy, 2003 and at the same time it was provided that the existing licences, granted earlier vide Policy 2003, shall remain continue. On 27/1/2010, a Government Order was issued whereby the Hi-Tech Township Policies, 2003 and 2007 were brought to an end, though it was provided that Hi-Tech Township Projects shall continue till it's conclusion and this was informed to the Chairman of various development authorities throughout the State of UP vide Government Order dtd. 7/4/2021. Having at a glance of the government orders dtd. 23/8/2003, 17/9/2007 and 7/4/2021, it is apparent that the Government of UP had to facilitate the availability of land to the developers by way of acquisition and payment of compensation and the government land like pathway, land of reserve category, Gaon Sabha land, chakroad, canal, etc. was to be exchanged in favour of the developers and thus, it was incumbent upon the State Government to make procurement of land which was a continuous process and at the same time, it was also provided that State shall take care so as to ensure that no harassment could be caused to the developer and if any complaint is made against the developer, the action may be taken only after approval of High Power Committee, under the chairmanship of the chief secretary of State of UP.