Higher payouts to farmers: Expect SIT to also probe past CEOs of NOIDA, says SC

NEW DELHI: The Supreme Court Wednesday said the SIT constituted by it to probe higher payment of compensation to farmers for their land allegedly in "connivance" and "collusion" of officials from NOIDA must also investigate the chief executive officers and others at helm of the authority for the past 10-15 years.

A bench of Chief Justice Surya Kant and justices Ujjal Bhuyan and N Kotiswar Singh also gave the Special Investigation Team (SIT) two more months to complete the investigation.

Solicitor General Tushar Mehta, appearing for NOIDA, said he wants to file an affidavit to put forward the view of the authority in the matter.

The top court clarified that farmers who have been given higher payments will not be penalised and no coercive action will be taken against them.

Senior advocate Siddharth Dave, appearing for one of the farmers who has allegedly got higher payment for his land, said that he has been receiving notices from the SIT to come and record his statement.

"Kindly protect the farmers, as it is not their fault," he urged the bench.

The bench said it has already clarified in its earlier orders that investigation is not to harass the farmers but to probe the connivance and collusion of officials, who indulged in higher payments.

It took on record the status report filed by the SIT in which three months time has been sought to complete the investigation.

On August 13, the top court ordered an SIT probe against NOIDA officials for allegedly colluding with builders to pay compensations to land owners beyond their entitlement.

It had accepted the findings of the SIT which found prima facie substance in the allegations and asked the recommendations of the SIT headed by senior IPS officer S B Shiradkar to be given to Uttar Pradesh chief secretary who was asked to place it before the council of ministers to consider converting Noida into a "metropolitan council".

Taking serious note of the SIT's findings, the top court had constituted a fresh SIT comprising three senior IPS officers to assess the bank accounts and assets of erring Noida officials and other beneficiaries of the irregularities with the help of forensic auditors and experts from economic offence wings.

"DGP, UP shall constitute an SIT comprising three police officers of IPS cadre to investigate the issues as identified by the previous SIT..," it had said.

The top court on January 23 framed four issues to be investigated by the SIT - whether the quantum of compensation paid to the land owners was higher than they are entitled to in terms of the judgments passed by the courts from time to time; if so, who were the officers/officials responsible for such exorbitant payment; whether there was any collusion or connivance between the beneficiaries and officers/officials of NOIDA; and whether the overall functioning of Noida lacks transparency, fairness and commitment to the cause of public interest.

It had directed the new SIT to immediately register preliminary enquiries and proceed to inquire into the points highlighted by the previous SIT on the issue of collusion or connivance between the beneficiaries and officials of Noida.

"If the SIT, after preliminary enquiry, finds that a prima facie cognisable offense was committed, it shall register the case and proceed further in accordance with law," the top court had said.

In order to bring transparency and fairness in the investigation, the top court had directed the chief secretary to post a chief vigilance officer preferably from an IPS cadre or on deputation from Comptroller and Auditor General (CAG) within four two weeks.

It also directed the state government to set up a citizen advisory board in Noida immediately.

"Similarly, the chief secretary should also put up the matter before competent authority and ensure that the citizen advisory board is constituted within four weeks," it had said.

The top court had said the conclusion of the new SIT should be placed on record as a status report by its head, who should be an officer not below the rank of police commissioner.

The top court had further ordered to ensure no project was given effect in Noida without having environmental impact assessment and approval of the report by the green bench of the apex court.

To expedite the investigation against erring officials, it had directed wherever the SIT required to seek prior sanction to prosecute officers before registration of FIR under Prevention of Corruption Act, the competent authority should accord sanction within two weeks.

On January 23, dissatisfied with a UP government-appointed panel probing the issue of illegal compensation to land owners paid by Noida officials, the top court appointed an SIT to look into it.

The decision came while hearing the anticipatory bail pleas of the legal advisor and one of the law officers of Noida authority who were accused of corruption related to the release of huge amounts of compensation in favour of some landowners, who were allegedly not entitled to seek such a higher compensation for their acquired land.