NEW DELHI: The Supreme Court on Wednesday said the SIT constituted by the Supreme Court to probe higher payment of compensation to farmers for their land, allegedly in “complicity” and “conspiracy” of NOIDA officials, should also probe the CEOs and others who were at the helm of the authority for the last 10 to 15 years.A bench of Chief Justice Surya Kant and Justices Ujjal Bhuyan and N Kotiswar Singh also gave the Special Investigation Team (SIT) another two months to complete the probe.
Solicitor General Tushar Mehta, appearing for NOIDA, said he wants to file an affidavit to express the authority’s position in the matter.
The Supreme Court clarified that farmers who have been awarded higher payments will not be punished and no coercive action will be taken against them.Senior advocate Siddharth Dave, who appeared for one of the farmers who has allegedly got higher payment for his land, said he has received notices from the SIT to come and record his statement.
“Please protect the farmers as it is not their fault,” he urged the bench.
The bench said it had already made it clear in previous orders that the probe is not to harass the farmers but to probe the complicity and collusion of officials, who indulged in higher payments.
She has recorded the status report submitted by the SIT, which has sought three months’ time to complete the investigation.
On August 13, the Supreme Court ordered an SIT probe against NOIDA officials for allegedly colluding with builders to pay compensation to landowners beyond what they are entitled to.
It had accepted the SIT’s findings, which found prima facie substance in the allegations, and asked that the SIT’s recommendations, headed by senior IPS officer SB Shiradkar, be given to the Uttar Pradesh Chief Secretary, who was asked to submit them to 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 new SIT comprising three senior IPS officers to assess the bank accounts and assets of errant Noida officials and other beneficiaries of the irregularities with the help of forensic auditors and experts of economic crimes.
“DGP, UP will constitute an SIT comprising three police officers of IPS cadre to investigate the issues identified by the previous SIT…,” it had said.
The top court on January 23 framed four issues to be examined by the SIT: whether the amount of compensation paid to the landowners was more than what they are entitled to in terms of the judgments passed by the courts from time to time; if so, who were the officers/civil servants responsible for such exorbitant payment; whether there was any collusion or complicity between the beneficiaries and officers/officials of NOIDA; and whether the overall functioning of Noida lacks transparency, honesty and commitment to the cause of public interest.
It had directed the new SIT to immediately register preliminary inquiries and further investigate the points raised by the previous SIT on the issue of collusion or complicity between the beneficiaries and officials of Noida.
“If the SIT, after preliminary investigation, finds that a prima facie recognizable offense has been committed, it will register the case and proceed further in accordance with law,” the top court had said.
To bring transparency and fairness in the investigation, the Supreme Court had directed the chief secretary to appoint a chief vigilance officer within four weeks, preferably from an IPS cadre or in place of the Comptroller and Auditor General (CAG).
It also directed the state government to immediately set up a citizens’ advisory council in Noida.
“Similarly, the chief secretary should also refer the matter to the competent authority and ensure that the citizen advisory board is constituted within four weeks,” the report said.
The top court had said that the conclusion of the new SIT should be recorded as a status report by the head of the SIT, who should be an officer not below the rank of police commissioner.
The top court had further ordered to ensure that no project would come into effect in Noida without an environmental impact assessment being conducted and the report approved by the green bench of the apex court.
To expedite investigation against erring officials, the SIT had directed that wherever the SIT had to seek prior sanction from prosecuting officers before registering the FIR under the Prevention of Corruption Act, the competent authority should grant sanction within two weeks.
On January 23, the Supreme Court, dissatisfied with a UP government-appointed panel probing the issue of illegal compensation paid to landowners by Noida officials, appointed an SIT to probe it.
The decision came while hearing the anticipatory bail pleas of the legal counsel and one of the law officers of the Noida authority, who were accused of corruption in connection with release of huge amounts of compensation in favor of some land owners, who allegedly had no right to demand such higher compensation for their acquired land.
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