CBI indicts Hooda’s aide for allowing acquisition to lapse
EXCM pivotal in dropping acquisition, grant of licence, approvals
CHANDIGARH: Examining the role of IAS officers in the Manesar land release case, the CBI in its chargesheet has indicted a former aide of the then chief minister, Bhupinder Singh Hooda, for keeping a town and country planning (TCP) department file, recommending the rejection of colonisation licences, pending for over three months, thus facilitating the issuance of licence. The probe finds that Hooda acted as a pivot in not only dropping acquisition proceedings but also in the subsequent grant of licence and change of land use (CLU) approvals.
In its chargesheet submitted on February 2, the Central Bureau of Investigation (CBI) accused Hooda and three former IAS officers, ML Tayal, Chhatar Singh and SS Dhillon, besides others of dropping acquisition proceedings to help real estate builders.
It alleged that the builders forced farmers to sell land at throwaway prices under the threat of acquisition. Several builders, who allegedly benefited from the dropping of the acquisition proceedings, have also been named as accused in the chargesheet.
“A file for grant of licence by Aditya Buildwell Pvt Ltd on 190 acres was submitted by the then financial commissioner, town and country planning, on April 2, 2007, to the then additional principal secretary to the chief minister (APSCM) Chhatar Singh (who handled TCP matters in the chief minister’s office) with recommendations for rejecting it since the land was being acquired by HSIIDC for labour housing. Singh kept the file pending for more than three months that facilitated the obtaining of the licence,” the chargesheet said. The CBI said that on July 19, 2007, Chhatar Singh as APSCM conveyed that “the CM has ordered that the position regarding the land acquisition be ascertained from HSIIDC and file re-submitted accordingly”.
The CBI said that Singh, who was also holding the charge of principal secretary, industries, was reminded repeatedly by the industries department and HSIIDC that the date of announcement for awarding Manesar land was approaching. “Still, he did not take up the matter in right earnest and allowed the land acquisition to lapse,” report said.
“After the acquisition was dropped in 2007, 15 licences and four CLUS were granted to private builders. Chhatar Singh, as APSCM, had conveyed the orders of the then CM for grant of licence and CLU on each file,” the chargesheet said.
Chhatar Singh did not respond to calls on Tuesday. He had said on February 17 that he would not comment as the matter was sub judice.
ROLE OF SS DHILLON
The CBI said that former TCP director SS Dhillon had forwarded a licence file to the TCP financial commissioner proposing it be rejected since the land was under acquisition.
“The file was not required to be sent to the chief minister and he was competent to reject it,”
the chargesheet said. However, the CBI’S contention has been disputed by the BJP government while examining the agency’s request for sanction from the state government for prosecuting SS Dhillon.
The state government, while examining the allegation whether Dhillon himself was competent to reject the file, had quoted policy guidelines stating the licences shall be granted/ refused by the director, town and country planning, with prior internal concurrence of the state government at the level of minister in charge. This fact has been endorsed on the file by chief secretary DS Dhesi, who is a prosecution witness in the CBI case.
When contacted, Dhillon said the CBI’S finding that the rejection of licence applications was done at director level was incorrect. “Policy guidelines on grant or refusal of license are clear. They were framed as per a 2005 order under rules of business of state government under Article 166 of the Constitution,” he said.
ROLE OF ML TAYAL
The CBI has blamed ML Tayal, the former principal secretary of then chief minister, for conveying the orders of the chief minister for not going ahead with the acquisition proceedings. The agency said the file dealing with the representation of Naveen Rao, who requested the release of land, was sent to the state government with the recommendation that the Gurgaon land acquisition collector be asked to announce the award on August 24, 2007, but may take the possession of the land later on.
“The then industries minister approved the proposal the same day and sent it to the CM for orders. However, ML Tayal, the then PSCM, conveyed the orders of the CM,” the document said.
Tayal declined comment on Tuesday.
However, he had said on February 2 that he had no role in this matter at any stage except recording the orders of the CM which he did while discharging his official duties. “We trust the court and will be able to establish our innocence,” he had said.