BINOD KUMAR SINGH Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) One writ application, vide W.P (PIL) No.1531 of 2011 was filed before this Court for issuance of mandamus directing the respondent-State including Vice-Chairman, Ranchi Regional Development Authority, Ranchi, and Chief Executive Officer, Ranchi Municipal Corporation, Ranchi to remove unauthorized structure being used as go-down and shop constructed in the parking area of 'Chandralok Apartment'. During hearing of the case, it was brought to the notice of the court that such permission has been granted by the officials of the Ranchi Regional Development Authority illegally in connivance with the builders and others not for one Apartment but in many of the Apartments. At the same time, it was also brought to the notice of the Court that number of multi storied buildings have been constructed by deviating from their sanctioned maps. Such deviation and alteration made with the connivance of the officials of the Ranchi Regional Development Authority was taken by the Court not only a civil wrongs but also criminal offence as such a space dedicated to common use being used for other purposes amounts to encroachment to the rights of the others. Therefore, the Court did find it proper and appropriate to get the matter be investigated upon by the C.B.I. Accordingly, a formal letter was issued to the C.B.I to institute a case and to proceed with it against the persons committed wrong in connivance with the officials of Ranchi Regional Development Authority.

(2.) Accordingly, an FIR was lodged by the C.B.I against unknown persons under Section 120B read with Sections 420, 468, 471 and also under Section 13(2) read with Section 13(i)(d)of the Prevention of Corrupti9on Act and also under Section 52 of the Jharkhand Regional Development Authority Act, 2001 as well as under Section 82 of the Registration Act.

(3.) Having lodged the case, the C.B.I took up the investigation. During investigation, the matter relating to sanction of the building plans of M/s. Jagannath Lifecare (P) Limited, Ranchi and M/s. Rani children Hospital and Research (P) Limited were also examined. In that course, it was found that one Dr.Rajesh Kumar, Director of M/s. Rani Children Hospital & Research Center (P) Limited and Dr.Sudhir Kumar, Director of M/s. Jagannath Lifecare (P) Limited had purchased the lands bearing plot no.564, appertaining to Khata No.27 situated under Mouza Hatma from Sri Basant Toppo after getting permission in terms of the provision of Section 49 of the Chota Nagpur Tenancy Act.