High Court of Punjab and HaryanaCRWP/3500/2023allowed

Gulmohar Township India Pvt Ltd And Others v. State Of Punjab And Others

2024-12-20Mr. Justice Mahabir Singh Sindhu39 pages

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% @Punjab Government had allotted 25 acres of land to Anand Lamps Limited through a sale deed in 1987 with the intention of setting up the industry in Punjab, which was later transferred to Signify Innovations. Signify Innovations obtained NOC from PSIDC and sold the plot to Gulmohar Township through sale deed. Sh. Sundar Sham Arora, then Industry & Commerce Minister forwarded a letter dated 17.03.2021 to MD, PSIEC regarding bifurcation of plots. On 18.03.2021, as per application of Gulmohar Township Private Limited, Mrs. Neelima I.A.S. MD PSIEC, constituted a committee consisting of Executive Director, CGM, (Estate/Finance), Technical Consultant, CGM (Planning), GM (Personnel), XEN Concerned, Estate Officer81, DTP, ATP, SDE Mohali to examine the request of Gulmohar Township Private Limited. Committee consisted of (1) SP Singh, ED (2) Ankur Chaudhary, Estate Officer (3) Bhai Sukhdip Singh Sidhu (4) Davinderpal Singh, GM Personnel (5) Tejveer Singh DTP, (Deceased) (6) JS Bhatia CGM Planning (7) Ashima Aggarwal, ATP Planning (8) Parminder Singh, Executive Engineer

(9) Rajat, DA and (10) Sandeep Singh, SDE were involved. On 19.03.2021 this noting arrived at office of S.P. Singh. On account of holiday on 20/21.03.2021, all the members of the committee passed the proposal to bifurcate 125 plots from 12 plots on 22.03.2021 without taking into consideration Proposal report, Project report articles of association, memorandum of association and without NOC of Pollution Control Board, Municipal Corporation, Electricity Board, Forest Department, fire brigade etc. as well as without getting map passed from any architect passed the proposal to bifurcate 125 plots from 12 plots from page number 133 to 142 of the noting even though Gulmohar Township Pvt. Ltd. has no relation with the industry.

On examination by the Forensic Science Laboratory, it has been found that page numbers 141 and 142 of the noting do not match with the rest of the page. The said committee members have placed fake documents and did not scrutinize the application thoroughly. According to the deed of the year 1987, this plot was to be used only for industrial purposes. The said Gulmohar township has no such background. According to the rules of the Corporation, from the year 1987, a fees of Rs.20/8 per yard and Rs.3/8 per year was to be levied at the rate of Rs.125/8 per yard, which is a total of 1,21,000 square yards and a total of Rs.

Rs.27,83,000/8 attached with already made Pay Order application while none of this was demanded by PSIEC. Due to which the Punjab Government has incurred a financial loss of Rs.1,23,42,000/8 , if this plot had been sold as per the instructions/rules of the Government, the Government would have received an income of Rs.500 to 700 Crores. At the time of sale of 125 plots by Gulmohar Township, no project report, articles of association, memorandum of association was obtained from any buyer party and plots were sold only on the basis of IT. By doing this, the above committee members, Mrs. Neelima I.A.S., MD PSIEC, Sunder Sham Arora, Ex8Minister of Punjab colluded with each other and misused his position to give unfair advantage to Gulmohar Township Company Owners/Directors Jagdeep Singh, Gurpreet Singh Siran, Mr.

Pritam Singh residents of House No. 1543, Sector 368D Chandigarh and Rakesh Kumar Sharma Son Mr. Rameshwar Das Surma, resident of House No. 288, Sector 338A, Chandigarh. By doing this Sir/Mr. S.P. Singh ED, Ankur Chaudhary Estate Officer, Sukhdeep Singh Sidhu CGM Estate & Finance, Davinderpal Singh GM, Personnel, JS Bhatia CGM, Planning, Ashima Aggarwal ATP Planning, Parminder Singh Executive Engineer, Rajat DA, Sandeep Singh SDE, Neelima I.A.S., MD PSIEC, Sunder Sham Arora Ex8Minister Punjab & Gulmohar Township India Pvt.

(2) PC Act, 1988 as amended by P.C. (Amendment) Act, 2018 and 409, 420, 465, 467, 468, 471, 1208ΒIPC. Therefore, a ruqa is sent through Chief Constable Navdeep Singh No. 1035 Police Station SAS Nagar Mohali to Vigilance Bureau Phase81 Punjab at Mohali to register a case under these sections. If role of any other person comes to light during the investigation, then his role will also be considered during the investigation of this case. A case under the said sections should be registered against the said accused and FIR should be sent to me as well as special reports should be issued. Sd/8 Barinder Singh Gill, DSP (Vig. Bureau), Ph.1 Punjab at Mohali"

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. * +-2; 3430 %/ "11 The above facts do prima8facie make out a case for interference but looking into the fact that various factual aspects require consideration in depth, we deem it appropriate to relegate the petitioner of any other person who may be aggrieved in this regard to approach the High Court invoking its extra8ordinary jurisdiction. conferred by Article 226 of the Constitution of India read with section 482 Cr.P.C. for quashing the FIR.

We further request the High Court that in case any such petition is filed to take up the same for hearing and disposal including a prayer, if any, made for interim relief, in accordance with law expeditiously. Considering the peculiar facts and circumstances of this case, we further direct that all further proceedings arising out of and emanating from the impugned FIR as well as coercive actions shall remain stayed for a period of four weeks from today. The extension of the interim relief granted by us or any other interim relief which may be warranted in the facts and circumstances of the case may be sought from the High Court, in case the aggrieved parties decide to approach the High Court." 73 !

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(! ) *+, " ) % $ Sir, Plot No. 1 Phase8IX, Mohali (27 acres), came for bifurcation into 12 plots (2 acres each and rest of area for green belts/roads/basic amenities (Annexure '1'), but Sh. S.P. Singh, Executive Director (holding portfolio of Estate, Planning, Finance & Accounts, Raw Material, Personnel, CVO, Policy) and dealing Assistant, PSIEC have cleaverly forged documents/making unauthorised alterations in record/changing documents/noting sheets submitted request and plan by M/s Gulmohar originally for 12 plots (Annexure81) but they add 5 at the last of 12 plots and converted 12 plots into 125 plots (49 plots of 1000 sq. yds. and above and 76 plots of 500 sq. yds. (Annexure 'II'). Before forging Plot Number was allotted18A, 18В, 18С.... but after forging plot No. allotted as 1/1, 1/2,......... 1/125, a new Industrial Township have been developed in Phase8IX, Mohali, changed the master plan of SAS Nagar, without obtaining approval from CTP/MC/PSPCL/PPCB/WaterSupply & Sewerage/RERA and also approval of Hon'ble Chief Minister.

- . The Industrial Plot No. A81, Phase IX, Mohali measuring 25 acres was acquired by Industries Department for Punjab State Industrial Development Corporation (PSIDC) to boost the industry in the State of Punjab through its subsidiaries. The purpose of PSIDC is to enhance/ financially assist the Industrialists of Punjab State by loaning through SIDBI/IDBI. PSIDC transferred the 27 acres of land on subsidised rates to M/s Punjab Anand Lamps Limited (Philips). This plot was a free hold plot, no Allotment letter was issued to M/S Anand Lamp and only transferred on the terms and conditions made in the Sale deed dated 12.05.1987 by PSIDC (III).

The plot was purchased by M/s. Gulmohar Township Pvt. Ltd. amounting to Rs. 120.00 Crores. The payment was made by M/s Gulmohar Township after selling the small pieces of land of this plot through Biana and paid the amount including enhancement and processing fees to the Govt. agencies as well as seller. /012

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The work of Industrial Plots of Punjab Infotech & Department of Industries & Commerce had been transferred to PSIEC vide Notification dated 21.12.2017 with the approval of Hon'ble Chief Minister/CMM (V).

On the recommendations SP Singh, the work of approval of Building Plans had been taken back in PSIEC at the level of ICM, but interestingly, the application submitted by the MIA where decision has been taken, not signed by any of the MIA Members and the approval of Building plans were transferred to PSIEC by the Industries & Commerce Minister.

The plots/subsidiaries of PSIDC transferred to PSIEC without approval of the Hon'ble CM (VI).

> % . XIV. Sh. Rajat Thamman, Dealing Assistant had put up a note to transfer the record from PSIDC to PSIEC on 03.03.2021 and the proposal was approved on 05.03.2021, on very same day letter was issued.

XV. Registered deed of M/s Anand Lamp was handed over to Dealing Assistant on 09.03.2021.

XVI. On 10.03.2021 (Wednesday), dealing assistant proposed that before proceeding further to change the title deed, M/s Gulmohar Township may be conveyed some deficiencies i.e. Affidavit, processing fees, list of directors, shareholders, BOD resolution of the company, Notary attested copy of sale deed to be conveyed to M/s Gulmohar, proposal approved on 12.03.2021 (Friday). XVII. But no deficiency conveyed to M/s Gulmohar Township on 12.03.2021nor thereafter. But after completing the record, File was re8submitted for transfer on 12.03.2021 (Friday) by Sh. Rajat and the proposal was approved on 15.03.2021 (Monday), allotment letter was also issued on 15.03.3021 vide No. PSIEC/Estate/215048508 dated 15.03.2021 (VII).

XVIII. As per clause 2 of the allotment letter (PSIEC/Estate/215048 508 dated 15.03.2021), the purchaser shall ensure to commence production after complete construction factory building within overall period of 03 years from the date of issuance of this letter. The purchaser shall produce permanent SSI Registration Certificate issued by General Manager, District Industries Centre Mohali.

XIX. The request for bifurcation of plot No. 1 received from M/s Gulmohar Township India Pvt. Ltd. In PSIEC on 16.03.3021, on his request he has not mentioned that how many plots he wanted to bifurcate (1).

XX. On 17.03.2021 Industries & Commerce Minister sought report regarding pending cases of bifurcation of plots and transfer of plots till 16.03.2021 with the direction that the report should reach to him by 18.03.2021 (VIII) XXI. On 17.03.2021 (Wednesday) Sh. Rajat proposed a committee comprising of officials/officers of PSIEC 8 Dealing Assistant (himself), Sub8Divisional Engineer (Mohali), Assistant Town Planner Estate Officer8I, District Town Planner. Executive Engineer8II, General Manager (Personnel), Chief General Manager (Planning), Chief General Manager (Estate & Finance) & Executive Director respectively to bifurcate the Plot No. A81 (25 acres), the proposal was approved on 18.03.2021 (Thursday). XXII. No officer of PSIDC was involved in the committee whereas the plot in question relates to PSIDC.

XXIII. Notice for attending the meeting to bifurcate the plot has not been issued to the Committee members, it is also not understood that when and where meeting was held.

XXIV. Vide No. PSIEC/CGM (E)/1708 dated 19.03.2021, recommendations of the Committee were put up for approval. XXV. On the demand raised by Industrial Association/allottees of different focal points on different occasions for allowing bifurcation/fragmentation of already allotted industrial plots. The need for considering bifurcation has emanated from: (IX) v) Family dispute vi) Death of the allottee & sub8division amongst heirs vii) Unit having gone Sick viii) Financial constraints of the allottee

The above Agenda Item No. 7 was placed before the BoDs of PSIEC held on 21.06.2004, the BoDs considered the agenda and resolved as under:

?7 - %8 @8% 8/ /5 #0>03$A#B$ XXVI. The case for allowing bifurcation/fragmentation in industrial focal point Mohali was again placed before BoDs meeting held on 08.02.2005 at 2.30 PM vide Agenda Item No.10 read (XI) ..................Accordingly, it is proposed that the facility to allow bifurcation/fragmentation of industrial plots may also be extended to the industrial plot holders of focal point Mohali on the patter that already allowed in other areas.

The BoDs of the Corporation considered the agenda and resolved as under:

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- (3CBB= %  The proceedings of the Committee are not available on record, they have bifurcated 12 plots of around 2 acres each and rest of the land left for green belts/basic amenities etc. But Mr. S.P. Singh and dealing assistant forged documents bifurcated 12 plots into 125 plots, Green belts/road connectivity, water connectivity, sewerage connectivity, load on traffic etc. were not examined and issued 125 NOC for sale to the purchaser after getting 5000/8 processing fees as applicable as per Policy of the PSIEC.

 In a similar case of 15 acres of land acquired by PSIDC for M/s Harpartap Steel Limited at Phase8IX, Mohali, with the approval of Hon'ble Chief Minister, a Policy was formulated and the project was approved as Mega Project, MoU was signed between State Government and M/s Bestech. The project was also transferred to PSIEC and the officers of PSIEC well aware about this.

 The transfer/bifurcation/allotments of 12 plots after forging converted into 125 plots % /01E are done in a very short span of time which is really surprising.  The Policy for bifurcation was only to divide the land equally among the family members to avoid dispute, death cases, sick units not for the new transferee who have purchased the plots in a day before without following the policy/guidelines. 1 1 /

6% /< % # $(#B111$ The last e8auction price of the Industrial plot at Mohali went upto Rs. 70000 per sq. yard. and PSIEC sold the plots on the e8 auction price. But M/s Gulmohar Township Pvt. Ltd. is selling/sold the plots @ Rs. 50,000/8 per sq. yds, the formula is as under:  Plot above 1000 sq. yds849, marketing price amounting to

! ( per sq. yds =(1000 sq. yds. X 50,000/8 =5.00 Crore i.e, 49X5.00 Crore = +!

 Plot 500 sq. yds876, market price amounting to Rs. 50,000/8 per sq. yds = (500 sq. yds. X Rs. 50,000/8 =Rs. 2.50 Crore i.e. 76X2.50 Crores =

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 Total loss to the Govt.:

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As per information gathered from the market, 50% partnership holding by Sh. SP Singh's son in this project. All the rules and regulation/guidelines were side lines and huge loss amounting to

+ loss of the stamp duty as the purchaser of the plot holders only paying 10,000/8 per sq. yds. as collector rate of Mohali which is a huge loss caused to the Government exchequer.

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Being a congressmen I would request you to kindly look into this scam and do the needful at the earliest as the election is going to be held shortly and I don't want that this scam would be shameful for Captain sir.

Yours sincerely, Sd/8 Navjot Singh Congressmen" 70

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&E, "/312 33/;;/34;; ;:/48/34;8 36:;0; ;7/46/3434 0 3: , =' $&E, "/306 ;6/41/3447 47/42/34;8 ;444 47/43/343; 3 38 , ='

/37 4;/;4/;28: 32/46/34;2 3:46: 43/4;/343; 7 &E, 37 , =' $/84 34/40/;274 41/47/3444 21;; 43/43/343; 1 &E, 32 , =' /3;4* + 32/;;/34;; 3;/40/34;7 ;38888 ;3/43/343; 3 $&E, 04 I( = & -; * + 0448;271 ;640343; ;(3;(444 31/40/343; ;36 0; , =' "/;40 41/41/;276 // 3644 33/41/343; 6 &E, 03 , =' /3;; ;7/43/34;: // 0164 04/41/343; 1 $&E, 00 , =' "/;6:/ *+ 47/47/;27: 30/4:/343; 3844 43/48/343; : &E, 01 , ='

/37 4;/;4/;28: 32/46/34;2 3:80:; 30/47/343; : &E, 06 , =' /342*+ 32/;;/34;; 48/43/34;8 063131 4;/;4/343; 1 $&E, 0: , =' "/21 30/;3/;286 4;/42/3434 3644 40/;3/343; 3 &E, 08 , =' "/334 ;1/48/3441 43/47/34;7 3:74 ;4/;3/343; 1 $&E, 07 , =' $&E, "/311("/ 311 5"/ 311$ * G$$=" ;6/41/3447 ;2/;3/34;8 364; ;8/;3/343; 6 E + 02 , =' "/344 ;0/48/3441 ;7/;;/3446 3671 ;7/43/3433 0 $&E, 14 , =' ?/6;4/6;1 ;1/46/34;2 // 3644 04/46/3433 6 $&E, 1; , =' ?/6;:/634 ;6/;;/343;

38/;;/34;6 3644 ;6/4:/3433

$&E, 7;4

(

) (

)H ) )

!' )$ ! ) ( * + )! )<

!' )$

7;;

) H ) ) ( ) !) !> ( ! ! " = (

) )) )

* +) ) ? ( ))! ( ! ) !" > = > H ! )) H ) H

H ) B

= (( ! H )) !

( )) ' )$ ? > ) ) )) ) !) ! 7;3 ! ;:40343;(

= ) H B ;36

( ;840343; */0 &/&/34767/3430+( / (

& 5 )( 34;8 3433( ) ) &

" ) ( =

)

)! ) H )( C ) %/ "Office of Industries Minister, Punjab;

Report with regard to pending files of bifurcation and change of name are pending with the PSIEC upto 16.03.2021, be sent to the undersigned till 18.03.2021.

Sd/8 17.03.2021 MD/PSIEC"

7;0 ;740343;(;4/ " )

)

! & -( ( &

" ) (= %/ *+

(=C)" ) > * ./1372/3430+> *+ $

( & *= +> * ./8131/3430+> *+ #

$( & *

+> * &/&/33336/3430+> *+ "

( & *

+> * &/&/33348/3430+> *+

(=C)=

> * ./0122/3430+> *+

!(= E) > * &/&/3334:/3430+> *+

(" )

> *+

(

+> *C+

(" =

> * &/&/33;87/3430+> *C+

> * &/&/33;83/3430+>

7;1 3140343;( /

!= )H B ;36 7;6 =

4842343;' )$ ( ) !( 5 )" ( 46;4343; */;; ./0122/3430+ " ! )

) !))

7;:

(

) ? ) ) ) H B ;36 ! = )! 47433446 */02 ./0122/ 3430+> ) ) !

;44 )H )! )() -;4* + (

( C ) %/ "10(g) Resolved to allow bifurcation/fragmentation of all industrial plots (excepting semi8developed pocket) in different Focal Points including Mohali in the sizes 1000 Sq. Yds and above by charging the fees as proposed in the agenda with the condition that no fragmented/bifurcated portion(s) should be below 400 Sq. Yds. However, the internal development shall be the sole responsibility of the plot holders at their risk and cost. In these cases where original allotments were made by clubbing the plots, de8clubbing shall be permissible irrespective of the sizes. Transfer/bifurcation fees shall be chargeable on fragmented portion only payable at the time of seeking bifurcation/fragmentation. Moreover, no separate transfer fees will be charged for the first transfer of ownership of the fragmented/bifurcated portion of the plot."

( ) )

) H B ! = ! )) ! ( " 46;4343;(;6;33433 ;;4;3430*/;;(/;3 /3:( )! ./0122/3430+ 7;8 ) ) B ! !=

) ( !

! ) C /

H !

) =C)B

)( )) ? !' )$ 7;7

( )

* +H ) * + /

48!

(

! ) ! )

) ) ! )!> ) ) 7;2

( B ! =

) H ! 343;> !

' ) $

H H )

=C)B 734 ( ) 3643343;*/12 ./0122/3430+

( =

173 ( )!

73;

) /

)

0448;271*/08 ./0122/ 3430+

)

! ) !& ( ! > ! !

! )

B /

733 -

B H ) )H ! 5 )

* + 730

! )

( !( )) ) H B > !

> (F-/E) )D B !

! =

) H

! ) !>

644H844 ! ' )$ )! !

731

! )( / !

) &"( = )

) ) H ) ) ;840343;

! B , )( C ! ) ( )

> ( &"(=

) ))! ( )

&"(= !& ) ) )

) )>

! mens rea ) ( )

> & H ( 5 )& 736 = " ) ) )) )

) H A fortiorari( B ! !)) ) )

) ( ) ) = ( !

B ) * +H

* +> " > = !

) H B , )( ) )

) ! ) !( )

73: ? ) ( /

)

) H B B > ( ) ) )

> )

-;( I( - (& 738 = * + ! / =!

) ! ! ) !

( !( ( ( ( locus standi ! * +

) ) (

)) C ! < -) ;34234;7 */;7

&/&/33348/3430+ ) %/ @6%/< 2@ :2% #@ 1- $ 3 Dated: 12/09/2018 No.08/04/201884HG1/1316623/1 In exercise of the powers vested under Section 44 (2) of the Punjab Apartment and Property Regulation Act, 1995 (Punjab Act No. 14 of 1995) and all other powers enabling him to act in this behalf, the Governor of Punjab is pleased to exempt the bifurcation of Industrial Plots

" 0)

allotted by the Government Agency/Corporation of the State of Punjab constituted for the development of land for promotion of Industry, from all the provisions of the Punjab Apartment and Property Regulation Act, 1995, subject to such terms and conditions as may be determined in a policy framed by the Concerned Government Agency/Corporation.

Vini Mahajan Dated: 06.09.2018 Additional Chief Secretary Chandigarh Department of Housing and Urban Development"

( ! * +( )

) ) ) (

%/ (1) 3 = # $( ! , D B

C )

) ) ) ) B

) H? C) > ! , ( ) (

? )( )

)

< )> ! ) ! ) (2) G0 = # $(

) B ? ) 173 ) ( ) !

))

(3) / F%= # $( !

3 = #$(, D , * + )

F D F ) ) ) D ) )) ( F D F ) )) D

) (4) 0 @ = # $( , D

3 = # $ , !

)

B )

) ! ) ( )

) ! (5) >G0 = # $( !, D ?

)

) ) ()

B ( ))!

mala fide! per se B

? , ( ) ( ) )

> )

) 732 ) 5 ) ) ) )

/ /( ) ) %/

) )

!' ) $ ) ! @-

A( !H)

() !

) ) * + C

( )

' )

C ) )

!H) ) !(

) "! )(*' )+( - &>

' )$ (

(

? (

! (

* +> )! 47433446( 14 " ) - & ;44 )H ! " H= > )( B !

) ) H >

) )

!' )$ ) )

)( B / >

!( ( ) C ) ) 173 )

B !( (C)

;; E ))

(? -4;464;3430( )

142(134(1:6(1:8(1:7(18; ;34/$ ) ;0*;+*+

) ;0*3+ )() (' )$ (?!

B/ ;(" ) - *&+( )

B )

( B qua * + ;0 -

? = H" >

! ( ( )) )

* + ) ) ( )

B ) (

) * +( !( )! ) )

) $ .

( )

6 6, -

H % M H- . % M H-