Punjab and Haryana High Court has given clean chit to Associated Journals Limited (AJL) and former Haryana Chief Minister Bhupendra Singh Hooda in the plant allotment case in Panchukala. CBI had leveled irregularities in plant allocation and criminal charges against former CM Hooda.
Justice Tribhuvan Dahiya said the plot allotted in 2005 was unanimously approved by the Haryana Urban Development Authority (HUDA) in 2006. So far no court has declared this decision illegal. During this, the High Court also raised questions on the functioning of CBI and asked how the agency itself could consider the plot allotment as illegal and register a criminal case. This is completely illegal. The High Court said that unless re-allotment of a plot is declared legally illegal, it cannot be considered a crime merely on the basis of the investigation agency’s assessment.
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The court further said, ‘AJL started the construction work only after paying the reallocation price and extension charges. The authority also issued it an occupancy certificate on 14 August 2014. No complaint of any kind of loss was made to the authority. Nor was AJL or any other accused asked to compensate for any alleged loss. Even the government auditors withdrew their objection regarding financial loss to the authority due to reallocation.’
What is the whole matter?
First allotment: This whole matter is of AJL vs CBI. The case pertains to allotment, cancellation and re-allotment of a plot in Sector-6, Panchkula in 2005. It was first allotted to AJL in 1982 at the rate of Rs 91 per square yard on ‘No Profit No Loss’ basis. Navjeevan newspaper was to be published from here.According to the condition of allotment-
- Construction was to start in six months.
- The construction work was to be completed in two years.
- But AJL could not complete the construction on time.
- The plot was allotted in 1992.
- AJL appealed, which was also rejected.
Reallocation: In 2005, Bhupendra Singh Hooda became the Chief Minister of Haryana. AJL demanded reinstatement of the plot. On this, the legal advisors said that the plot cannot be given to the same party again. If it has to be given then it can be given after issuing advertisement at the new rates. Later on 28 August 2005, on the orders of the Chief Minister, the plot was again allotted to AJL. AJL deposited an amount of approximately Rs 59.39 lakh along with the old rate and interest. HUDA also approved the decision in 2006.
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Audit Report: In 2007, the audit report raised objections to the allocation. It said that based on 2005 rates, the price of the plot works out to Rs 1.22 crore, while AJL has deposited only Rs 59.39 lakh. Accordingly, there has been a loss of around Rs 63 lakh. Later this audit report was removed.
CBI allegation: On the basis of its investigation, the CBI has charged the accused under Section 420 IPC (fraud), Section 120B IPC (criminal conspiracy) and Section 13(1)(d) of the Prevention of Corruption Act in the plot allotment case. It said that the then CM ignored legal advice. Ignored the old canceled decision. Caused financial loss by allotting plots at low prices. All this was done to give unfair advantage to AJL.
Hooda and AJL’s side: Bhupendra Singh Hooda said that this decision was taken under decision making authority and in public interest. No personal benefit was taken from this. He had the right to reallocate. The audit objection had also been removed. At the same time, after the amendment of 2018, the old section of Prevention of Corruption Act may not be applicable. Whereas AJL said that we have worked as per the rules. Deposited money with interest and also did construction. No illegal benefit was taken.
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