MANINDER VEER SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) On a vigilance enquiry against employee of Nagar Palika, Dalhousie, it was found that Maninder Veer Singh had constructed a eight storeyed hotel within the municipal limits of Dalhousie Nagar Palika by forging the records in conspiracy with Kuldeep Raj Mahajan, Secretary of the Nagar Palika and said Kuldeep Raj Mahajan had mis-used his powers thereby giving undue benefit to Maninder Veer Singh because construction of more than three storeyed building is not permissible within the municipal limits of Nagar Palika Dalhousie. On the basis of these findings, the vigilance Department registered a case under Sections 467, 468, 471, 120B IPC and Section 13(2) of the Prevention of Corruption Act, 1988 and investigation follows. During investigation, it was found that one half share in Khasra No. 416/147 Khewat Khatauni No. 49/112 situate in Dalhousie was purchased by Maninder Veer Singh and Jatinder Veer Singh for Rs. 40,000 from Promila Kumar through her Mukhtiar Malkiat Singh vide Vasika No. 19 dated 11.6.1981 and the other half of the aforesaid land was purchased by Sadhu Singh for Rs. 40,000 from the said owner through her said Mukhtiar. Mutations on the basis of the aforesaid sales were attested on 31.7.1981 vide mutation Nos. 935 and 936. At the time of purchase Hotel Guncha Sidharata existed on the land in question. On perusal of the records, the investigating agency found that the aforesaid Vasika Nos. 19 and 20 were wrongly registered by Parkash Chand, Sub-Registrar, Dalhousie contrary to the provisions of H.P. Tenancy and Land Reference Act, 1972 (hereafter referred to as the Act ) which came into force on 21.2.1974 because in view of the provisions of Section 118 of the said Act, a non-agriculturist cannot purchase land in Himachal Pradesh except in a few exceptional circumstances. The aforesaid Vasikas were not accompanied by a certificate to the effect that the purchasers were agriculturists. The evaluation of a kothi, mentioned in the vasika and known as 'Hard Stone', was not got assessed from the Public Works Department and less stamp duty was paid and thereby loss was caused to the State. In 1991 Maninder Veer Singh got a building plan approved from the Nagar Parishad Dalhousie and thereafter Hotel Guncha Sidharatha was constructed on the land but the construction was not in accordance with the sanctioned plan and was illegal because the hotel consisted of eight storeys. Nagar Parishad Dalhousie entered into correspondence with Maninder Veer Singh and Jatinder Veer Singh and Sadhu Singh about this illegal construction but they ignored such correspondence and got the illegal construction compounded from the Financial Commissioner-cum-Secretary (UD) to the Government of Himachal Pradesh on token composition fee of Rs. 40,000. Thereafter the hotel was registered with District Tourism Officer, Chamba, Malkiat Singh Mukhtiar had died on 14.11.1985. Investigation revealed that Kuldeep Raj Mahajan, who is the named accused in the FIR, on the basis of the vigilance enquiry was found not to have committed any offence. However, a chargesheet under Sections 420, 467, 468, 471, 120B IPC and Section 13(2) of the Prevention of Corruption Act, 1988 was submitted to the learned Special Judge, Chamba against accused Parkash Chand, Maninder Veer Singh, Jatinder Veer Singh and Sadhu Singh.

(2.) On the basis of the material collected by the Investigating Agency, the learned Special Judge vide order dated 17.7.2002 held that there are grounds for presuming that the accused had committed the offences complained against and accordingly directed framing of the charge against them. Being aggrieved, the accused have preferred the present petition.

(3.) I have heard the learned Counsel for the accused and the learned Deputy Advocate General for the State and have also gone through the records.