Guilty. Not guilty: Hoshiarpur land ‘scam’, 2 SITs, contradictory findings

The Vigilance Bureau, which has been probing the alleged Rs 59-crore Hoshiarpur land scam, has gone from claiming gross irregularities to declaring that no such scam took place at all — all within three years

In three years of probing the alleged Rs 59 crore Hoshiarpur land scam, the Vigilance Bureau has gone from claiming gross irregularities to declaring that no scam took place in the case at all. The flip-flop in the VB’s stand has come on the basis of contradictory findings two SITs formed by the department to investigate the case.

The first SIT, formed in 2016 and headed by a DIG-rank VB officer, had submitted a probe report that claimed “tampering with revenue record” and payment of “excess compensation” with connivance of revenue officials. But in its closure report filed in June 2019 before a Ludhiana court, the Bureau said that neither any “criminal liability” nor any “solid evidences” were found against the accused during its investigation. The closure report was filed on the basis of the probe conduced by the second SIT formed in 2018 and headed by then Inspector and now DSP, who was the investigating officer (IO) in the case.

The 70-page cancellation report, which has been filed by the SSP, VB, Economic Offence Wing (EOW), Ludhiana, in the court on June 14 carries the details of the investigation conducted by both the SITs and also the details of report of Local Commissioner appointed by Punjab and Haryana High Court.

The alleged scam

The land scam was exposed in June 2016 in which it was alleged that irregularities were committed by the competent authority appointed for acquiring land for four-laning project from Jalandhar district to Hoshiarpur. The then Sub-Divisional Magistrate (SDM), Hoshiarpur, Anand Sagar Sharma, was competent authority for acquiring land for the project. It was alleged that excess payment was made to the private persons by the competent officials by getting the land use changed (CLU). According to the allegations, windfall gains were allegedly made by private persons as nearly two km-long stretch was purchased from farmers at lower rates in Hoshiarpur to pocket heavy compensation from NHAI after getting the land use changed with the alleged connivance of revenue officials. The accused had allegedly purchased the land both immediately before and after the notification for acquisition. Surprisingly, no challan has ever been presented in the court against the main accused.

After the alleged scam was exposed, the then SAD-BJP government immediately marked the inquiry to VB and a three-member SIT was formed led by DIG, Punjab VB, Shiv Kumar Verma, then SSP, Economic Offence Wing (EOM), Vigilance Bureau, Ludhiana, Rupinder Singh and SP-rank officer Parveen Kanda of Jalandhar on June 29, 2016. This SIT submitted its probe report on December 23, 2016 to the government. On the basis of this report Director Vigilance, Punjab, ordered filing of an FIR on February 9, 2017.

FIR No. 01/2017, dated 10.02.2017, for criminal breach of trust, cheating, forgery, criminal conspiracy and under Sections 409, 420, 467, 468, 471 and 120 B of the IPC was registered against 13 person including the then SDM Hoshiarpur and the Competent Authority, Anand Sagar Sharma, as a prime accused, Tehsildar Baljinder Singh, Naib Tehsildar Manjit Singh, Municipal Councillor Harpinder Singh Gill, District Cooperative Bank chairman Satwinderpal Singh Dhatt, Hoshiarpur Market Committee chairman Avtar Singh Johal, Patwaris Daljit Singh and Parminder Singh, two clerks. The role of 15 others — including Gill’s wife, Harjinder Kaur, and son, Amrit Preet Singh, Sukhwinder Kaur (wife of Dhatt) and Gurinderjit Kaur, Johal’s wife — was also under scanner.

2016 probe report

The probe report of the first SIT said that accused were aware about the plan of this project much before the 3-A notice under National Highway Act, 1956, which means land is required for a public purpose, was issued and that they had purchased agricultural land in several villages which was to be required for this project.

The report claimed that they then carved out around six ‘fake residential colonies’, but the nature of this land was still Agricultural and when 3-A notice was published, they gave their objections for converting their land into residential/commercial because of existence of residential colonies. Later, they got land use changed from agricultural land to residential/commercial and got ‘excess compensation’ with the alleged connivance of revenue officials, said the report. Around six unapproved ‘fake colonies’ were discussed by the first SIT. This report also said that for carving colonies on agricultural land, no CLU was obtained by the owners.

The compensation for residential and commercial properties is much higher than agricultural land. The probe report also pointed out tampering with revenue records by the officials and giving out Rs 23.19 crore excess amount against the actual compensation, which should have been around Rs 12.50 crore, allegedly to five private persons, including three SAD leaders.

2019 closure report

In the cancellation report, however, the Bureau said that filing of the challan in the case would be a “wastage of time” for both the VB and the court due to lack of evidence found during the probe. It said that enough proof could not be found by the SIT (the second one headed by Inspector Niranjan Singh as IO) to prove the allegations.

The cancellation report read: “As per spot inspection and perusal of the revenue records, the above said colonies with constructions and base foundation were in existence before the award passed by the competent authority for land acquisition, but the updation of revenue record was not done and in variation certificate that is summary statement of nature of land, gair mumkin colonies, are shown before Section 3-D notification i.e. before the passing of the award, which was duly approved by the Superintendent Engineer, Central Woks, NH circle, Punjab Building & Roads. Hence in view of the above, the competent authority for land acquisition announced the award on the basis of the nature of land in existence and average sale deeds of plots for residential and commercial purposes at the time of passing the award”.

The probe by the second SIT also focused on the fact that as per National Highway Act, 1956 it is not barred to give compensation to people for an unapproved colony. It added that most of the sale deeds were done through proper channels. It is silent on why a series of residential colonies came up just before the announcement of this project.

This second SIT also prepared a questionnaire to be answered by the accused, mainly the prime accused, who said that there has been no loss to the government as the award is way less then the sanctioned amount by Government of India. He said that there was, in fact, a saving of Rs 70 crore in the combined award for Jalandhar and Hoshiarpur sections of land acquisition.

The next step

The cancellation report was filed on June 14 before Duty Magistrate, Ludhiana, during summer recess in the court, after getting due permission from the Chief Director, Vigilance Bureau, Punjab. Now, the case is in the court of Additional Session Judge. The next hearing is on September 23.

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