RAJEEV KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) These appeals impugn the common judgment dated 24.02.2016 passed by the High Court of Judicature at Allahabad in Criminal Appeal Nos.4717 of 2012 and 4888 of 2012 upholding the Signature Not Verified conviction of the appellants under Section 120-B IPC and Digitally signed by NARENDRA PRASAD Date: 2017.08.02 16:35:26 IST Reason: Section 13(2) read with Section 13(1)(d) of Prevention of Corruption Act, 1988 (for short 'the P.C. Act') and also the sentence of imprisonment for three years and a fine of Rs.50,000/- imposed on each of the appellants for conviction under Section 120-B IPC. The High Court also confirmed the sentence of imprisonment for three years and fine of Rs.50,000/- imposed on appellant Rajiv Kumar for conviction under Section 13(2) read with Section 13(1)(d) of P.C. Act with default clause.

(2.) It is a well known fact that New Okhla Industrial Development Authority 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 was to offer a pollution free high standard of living and highly supportive industrial environment with its unique infrastructure providing numerous, matchless facilities. However, the project got marred by land allotment scams worth 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. But, final decision was taken not to initiate any departmental inquiry in the matter against the officials concerned.

(3.) One 'NOIDA Entrepreneurs Association' sought inquiry by the Central Bureau of Investigation (in short the 'CBI') in the matter and this Court vide order dated 20.01.1998 directed that the matter be investigated by the CBI. Consequently, the CBI registered an F.I.R. being Crime No.RC/3(A)/98-ACU-VII dated 26.02.1998 against Ms. Neera Yadav who was serving as Chairperson and Chief Executive Officer (CCEO) of NOIDA, during the relevant period viz. from 10.01.1994 to 08.11.1995, and some other high officials of NOIDA. The FIR contained allegations to the effect that Ms. Neera Yadav in conspiracy with other officials abused her position while committing grave irregularities in the matters of allotments and conversions of land in NOIDA. It is available on record that appellant Neera Yadav held the post of CCEO of NOIDA for the period 10.01.1994 to 08.11.1995.