Allahabad HC pulls up GDA over allotment of plots to VVIPs
ALLAHABAD: Taking serious note of the lands, plots, flats and buildings being allotted to MLAs, MPs and other dignitaries under various schemes of the Ghaziabad Development Authority (GDA), the Allahabad high court on Wednesday asked the GDA vice chairman to file a supplementary affidavit producing such a policy before the court.
The order was passed by Justice Sabhajeet Yadav on a writ petition filed by Sharda Prasad, whose services had been dispensed with by the authority. While issuing the direction, the court also took note of the fact that "the authority has also framed a policy wherein blood relations of officers and employees of GDA are allotted lands, plots, flats and buildings. And after this allotment, allottees are permitted to transfer the flats and plots to the employees of GDA or their family members".
"Such policy framed by the (GDA) appears to be prima facie contrary to the public policy and permits favourtism and nepotism in public body like the GDA," remarked the court.
The court also observed that a plot at Ghaziabad had been allotted to Satish Sharma, a minister of state during BJP rule in the state, by the GDA on his letter dated August 8, 2001. Also, the allotment of the plot measuring area 395.17 sq meter at the rate of Rs 2500 per sq meter was made on the same day by the GDA vice chairman.
The court said such allotments were being made by the authority on the whims of influential persons without adopting any regular procedure. Therefore, it directed the GDA vice chairman to bring on record both the said policies of the authority and the correspondence made by it with Satish Sharma and his wife.
The court also directed to bring on record the names of other MLAs, MPs, ministers, officers and employees who had been benefited by these policies.
जीडीए की फ्लैट आवंटन नीति गलत: हाईकोर्ट
• अमर उजाला ब्यूरो
इलाहाबाद। हाईकोर्ट ने गाजियाबाद डेवलेपमेंट अथॉरिटी (जीडीए) द्वारा अपनाई गई फ्लैट आवंटन की नीतियोें को प्रथम दृष्टया गलत माना है। इसके साथ ही प्रभावशाली लोगों, सांसदों, विधायकों और नौकरशाहों को किए गए आवंटन का ब्यौरा तलब कर लिया है। न्यायालय ने जीडीए के उपाध्यक्ष को अपनी समस्त नीतियां पूरक शपथपत्र के माध्यम से तीन जुलाई को प्रस्तुत करने का निर्देश दिया है।
जीडीए के बर्खास्त कर्मचारी शारदा प्रसाद ने याचिका दाखिल कर फ्लैट आवंटन में अपनाई जा रही नीति को गलत बताया है। कहा गया है कि प्राधिकरण के अधिकारियों और कर्मचारियों के रिश्तेदारों को फ्लैट और प्लाट आवंटित किए गए हैं। सांसदों और विधायकों तथा अधिकारियों को भी नीति बनाकर उसके तहत आवंटन किया जा रहा है। याचिका की सुनवाई कर रहे न्यायमूर्ति सभाजीत यादव ने कहा कि इस प्रकार की नीतियों के लिए प्रथम दृष्टया कानून में कोई स्थान नहीं है।
याचिका में गाजियाबाद के शक्तिखंड इंदिरापुरम में पूर्व राज्य मंत्री सतीश शर्मा को करीब चार सौ वर्ग मीटर का प्लाट आवंटित करने का मामला भी उठाया गया। कोर्ट ने इससे संबंधित रिपोर्ट भी अगली सुनवाई के दौरान प्रस्तुत करने को कहा है।
•सांसदों, अधिकारियों को किए गए आवंटन का ब्यौरा तलब
Ghaziabad Development Authority land allotment policy draws flak from HC
New Delhi: The Allahabad High Court today rapped the Ghaziabad Development Authority for allotting a land plot to an Uttar Pradesh minister a decade ago on the very day he made the request "without following any procedure under law" and "at the whims" of the political leader.
Justice Sabhajeet Yadav said that on August 08, 2001, Satish Sharma, who was a minister of state in the then BJP government in the state, had made a written request for a 395 square metres' plot in Shaktikhand under Indirapuram Scheme and the allotment was made on the very same day by the then Vice Chairman of Ghaziabad Development Authority (GDA).
"The action taken by the authorities prima facie appears to be without following any procedure under law and at the whims of the state minister.
"In case there exists any policy of GDA in respect of allotment of flats, plots and buildings to MLAs, MPs or any other high personality under any such scheme, the same is not available on record.
"But such a policy would be arbitrary and unreasonable", the court said.
Fixing July 3 as the next date of hearing in the matter, the court directed the Vice Chairman of GDA "to bring on record the aforesaid policy of GDA", besides the correspondence between the minister and the Ghaziabad Development Authority which resulted in the allotment.
The court also asked the GDA to bring on record details of "other ministers, MPs, MLAs and other officers who have been benefited by this policy".
The court also observed that "it transpires from the record that there exists a policy of Ghaziabad Development Authority wherein blood relations of its employees and officers are allotted flats and plots etc." and that though "this policy has not been brought on record either" such a policy, if in place, could lead to "favouritism and nepotism in a public body like GDA".
Directing the GDA Vice-Chairman to file a "personal affidavit" in this regard, the court sought to know "how many officers and employees of Ghaziabad Development Authority have been benefited by the policy by now".
The order came on a writ petition filed by Sharda Prasad, a former Class III employee of GDA who was sacked a few years ago.
According to Prasad's counsel Kripa Shanker Singh, the plot which was later handed over to Sharma, was initially allotted way back in the 1990s to Daya Shanker Prasad, whose sister Geeta is married to the petitioner.
Singh claimed that a year after the allotment, Daya Shanker Prasad "lost interest in the plot and after consulting his brother-in-law (petitioner Sharda Prasad) transferred the land in the name of Geeta though the same was not registered.
"The petitioner thought that it was in order as there had been many instances in the past wherein GDA employees had benefited from such land transfers".
However, when Prasad's case came to light in course of the allotment to the then state minister Sharma, "he was accused of fraud, placed under suspension pending an inquiry and finally terminated from service.
"The petitioner has moved the court challenging his termination," the counsel claimed.