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Allahabad High Court orders CBI inquiry into UP Irrigation land scam

The Lucknow Bench of the Allahabad High Court has ordered a CBI inquiry into the alleged scam of crores of land of the Irrigation Department in the city. It is alleged that private builder Ansal API encroached the government land by merging it with the township.

A Single Bench of Justice Dinesh Kumar Singh passed this order while hearing a petition filed by Bharat Kishore Sinha.

In compliance with the order dated 12.04.2023 Shivani Tiwari, Superintendent of Police, C.B.I/A.C.B is present in the Court along with Anurag Singh, counsel appearing for the CBI.

Anurag Singh, counsel appearing for the C.B.I submitted that a decision has been taken to constitute an S.I.T under Shivani Tiwari to investigate the matter and submit a preliminary enquiry report.

He on instructions submitted that the S.I.T would require four months’ time to complete the preliminary investigation, and submit a report before the Court, however, in every month progress report be submitted to this Court.

Considering the aforesaid submissions on behalf of the C.B.I, Director C.B.I should constitute an S.I.T for which the decision has already been taken, and the S.I.T will submit a progress report on or before 24.05.2023 before the Court. Final report should be submitted by 22.08.2023.The said S.I.T will work under the supervision of Joint Director, C.B.I, Lucknow Region, the Court said.

In pursuance of the order dated 12.04.2023, Engineer-in-Chief is present in the Court. He assured the Court that he will supply all the relevant documents to the C.B.I within a period of one week so that the C.B.I may carry out the investigation in a free, fair, impartial and professional manner.

Second action taken report by the Irrigation Department of the State Government has been tendered in the Court with an affidavit of Mukesh Kumar Vaish, Executive Engineer, Lucknow Division-2, Sarda Canal, Lucknow which would show that debris after demolition of the unauthorized structure has been removed.

The Engineer-in-Chief present in the Court assured the Court that every particle of the debris would get removed within a period of 10 days.

He further assured the Court that proper proceedings under the provisions of U.P Revenue Code, 2006 shall be instituted for levying the damages/penalties against the encroachers.

“An affidavit shall be filed by the Engineer-in-Chief by the next date of listing of the case. Once Vigilance enquiry gets concluded, a copy thereof, shall be handed over to the C.B.I for its perusal and taking it on record. Housing and Urban Development, Lucknow Department of the State Government and Lucknow Development Authority shall give all the necessary documents to the C.B.I, which may be required for proper investigation.

Interim order, if any, shall continue to operate till the next date of listing of the case. Personal appearances of the officers/officials are dispensed with till further orders”, the Court ordered.

The Court has fixed the next hearing of the petition on May 05, 2023.

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