VIDYUT MITTAL Vs. ECONOMIC OFFENCE INVESTIGATION WING

JUDGEMENT

(1.) By this M.Cr.C. under Section 482 of the Cr.P.C., petitioner Vidyut Mittal has prayed for quashment First Information Report registered at crime No.42/2015 for offence under Section 420, 120 -B of the IPC and under Section 13(1)(D) and 13(2) of the Prevention of Corruption Act, 1988.

(2.) Counsel for the petitioner has vehemently urged the fact that although the petitioner has prayed for quashment of First Information Report registered at crime No.42/2015 for offence under Section 420, 120 - B of the IPC and under Section 13(1)(D) and 13(2) of the Prevention of Corruption Act, 1988 and the petitioner would be satisfied if the respondents/competent authority is directed to examine the issue regarding the development charges being imposed on the petitioner.

(3.) Counsel for the petitioner has submitted that the Developer Company has duly obtained the colonizer license, diversion orders, development permission, sanctioned lay out from the Competent Authorities. Counsel further submitted that Developer Company has completed the work of the subject colony. Counsel further submitted that the M.P. Gram Panchayat (Registration of Colonizer Terms and Conditions) Rules, 1999 which are applicable to the case of the petitioner provides for deposit of supervision charges @ 2% on the estimated cost to be incurred on the internal development by colony as also mortgage of 25% of developed plots with the Competent Authority to be released from mortgage on the completion of internal development work of the colony. It has been alleged that the petitioner has deliberately failed to pay the development charges, as per Rule 12 of the Rules 1999 of M.P. Gram Panchayat (Registration of Colonizer Terms and Conditions). Counsel submitted that the Competent Authority/S.D.O. Sanwer by letter No.463/S.D.C./11 -12 dated 17.10.2012 estimated the cost and the cost of estimated cost for the internal development of the colony is Rs.9,52,70,118/ - and the petitioner had already deposited the estimated amount of Rs.18,00,000/ - on 1.11.2012. However, a complaint was filed by the Lokayukt at No.96/2010 in this regard that this amount is directed to be incurred as Rs.8.93 crores.