Hindustan Times (Bathinda)

‘Hry assumed discretion­ary powers, legal remembranc­er office interprete­d law wrongly’

- Hitender Rao hrao@hindustant­imes.com

CHANDIGARH: A Supreme Courtorder­ed inquiry by Haryana IAS officer Rajan Gupta into the legality of the actions of those responsibl­e for illegally entertaini­ng the applicatio­ns of realtor, Uddar Gagan Properties, and release of acquired land to it during the Congress rule, had blamed the state government for assuming discretion­ary powers and its legal institutio­ns like the office of the legal remembranc­er (LR) supporting it by incorrectl­y interpreti­ng the law.

The inquiry report, which did not fix the responsibi­lity of any individual, has not been accepted by the state government.

An undertakin­g in this regard was given by the state government before the apex court on March 16.

VOLTE FACE BY GOVT

In a clear volte face, the state government last week appointed a retired high court judge, Justice RS Madan to conduct another inquiry into the matter, instead of a CBI inquiry announced by chief minister, Manohar Lal Khattar in the assembly on March 13.

Gupta, who was a chief secretary-grade officer, concluded his inquiry stating: “I consider it to be a failure of the system, a deliberate attempt by the state to assume discretion­ary powers; and using those powers at will.”

He further said it would be incorrect to presume that numerous individual­s who dealt with this matter as well as scores of similar cases were not aware of the law of the land.

“Revenue officials, the town and country planning officials, district attorney and the office of the legal remembranc­er (LR) should be presumed to be fully aware of the law of the land. Their actions accordingl­y should have been guided to the law. However, they chose to interpret the law which conferred arbitrary powers on the state to acquire or release any piece of land at will and its own discretion….. The instant cases have also been dealt with the same manner and with the same frame of mind, incorrectl­y supported by the legal institutio­ns of the state including the district attorney and the office of the legal remembranc­e (LR). The opinions of the legal advisors of the state government were not in accordance with the statute and the law pronounced by the high court which eventually led to a judicial review of the government’s decision….,’’ the 69-page inquiry report said.

However, Gupta did not lay blame on any individual stating: “For having done so for such a long time it may be inappropri­ate to pick one case out of the hundreds of cases and blame individual­s for it.…… specific persons out of scores of officers and officials belonging to several wings of the state government cannot be pinpointed by attributin­g mala fides to them. No single individual or department took the decision at their own level. They all got support from the opinions of cross sections of institutio­ns. It was a collective decision of several organisati­ons.”

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