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After receipt of sanctions for prosecution of the concerned
public servants from the competent authorities, CBI today
filed a Charge Sheet in the Court of Special Judge, Patiala
House Courts, New Delhi in the DDA-DLF case against S/Shri
Subhash Sharma, IAS (UT:1970), former Vice-Chairman, Anand
Mohan Sharan, IAS (Haryana :1990), former Commissioner (Land
Disposal) and Vijay Risbud former Commissioner (Planning)-
all of Delhi Development Authority, New Delhi, Shri Dharambir
Khattar, r/o Gurgoan, Shri Ajay Khanna, Chief Executive, M/s.
DLF Universal Limited, New Delhi and Shri Ravinder Taneja,
Director M/s. Taneja Construction Udyog Limited, New Delhi
for offences of criminal conspiracy and various offences under
the Prevention of Corruption Act, 1988. The case was registered
by CBI on 26.3.2003. After completion of investigation and
legal scrutiny, CBI sought sanctions for prosecution against
the concerned public servants from the competent authorities
in July, 2004.
CBI Investigation disclosed that Shri Subhash Sharma in his
official position as Vice-Chairman of Delhi Development Authority
intended to show undue favour to M/s. DLF Universal Limited,
New Delhi in the matter of grant of Floor Area Ratio (FAR)
of 300 against the existing FAR of 139 in respect of Plot
No. 1E, Jhandewalan, New Delhi with the active and wilful
participation and cooperation of his subordinates S/Shri Anand
Mohan Sharan and Vijay Risbud and demanded an amount of Rs.
1.10 crore from Sh. Ajay Khanna of M/s. DLF Universal Limited
through the middleman Shri Dharambir Khattar who acted as
conduit between the DDA officials and M/s. DLF Universal Limited.
Shri Subhash Sharma kept on changing the meeting dates fixed
to decide the DLF matter and only after it was confirmed through
Shri Dharambir Khattar that half of the bribe money demanded
had been deposited by Shri Ajay Khanna with Shri Ravinder
Taneja, he held the meeting on 17.03.2003 without recording
the minutes. Investigation also disclosed that in the said
meeting it was decided that FAR of 300 would be given to M/s.
DLF Universal Limited at 50% of the current rates after open
advertisement so that the favour shown to M/s. DLF Universal
Limited was not apparent.
CBI found that during the period between November, 2002 and
March, 2003, the accused public servants entered into a criminal
conspiracy with private accused persons and attempted to show
undue favour to M/s. DLF Universal Limited in the matter of
grant of extra FAR to Plot No. 1E, Jhandewalan, New Delhi
by abusing their official position in DDA and in this process
obtained or attempted to obtain consideration other than legal
remuneration from Shri Ajay Khanna of M/s. DLF Universal Limited,
New Delhi through the middleman Shri Dharambir Khattar for
themselves and/or for other co-accused persons. Investigation
also disclosed that Shri Subhash Sharma and Shri Anand Mohan
Sharan, further committed offence punishable U/s. 7 of the
Prevention of Corruption Act, as both accepted TATA Mobile
Telephones from Shri Dharambir Khattar for themselves as gratification
other than legal remuneration as a motive or reward for doing
official favour in the matter of allowing increased Floor
Area Ratio in the DLF case. The mobile phones provided by
the middleman Shri Dharambir Khattar were also meant to facilitate
the hatching of the conspiracy and its execution in this case
and in other cases.
Through electronic surveillance of I5 telephone numbers including
mobile phones registered in the names of the middleman Shri
Dharambir Khattar and his family members (which included the
aforesaid two telephones provided by Shri Dharambir Khattar
to Shri Subhash Sharma and Shri Anand Mohan Sharan) CBI collected
incontrovertible evidence regarding the intimate details of
the hatching of the conspiracy and its execution, which matched
with the developments recorded in the concerned file and was
corroborated by other evidence. The purity of the computer
recorded telephonic conversations was established during investigation
through appropriate expert opinion. The voices of the accused
were also forensically matched with their sample voices and
also proved through other evidence.
The Charge Sheet has been laid under Sections 120-B IPC (Criminal
Conspiracy) r/w Sections 7 (public servant taking gratification
other than legal remuneration), 8 (taking gratification, in
order, by corrupt or illegal means, to influence public servant)
and 15 (punishment for attempt) of the Prevention of Corruption
Act, 1988.
Of the four cases registered against various DDA officials
and others in March and April, 2003, in all of which Shri
Dharambir Khattar acted as a middleman and a conduit for corruption,
CBI had already filed charge-sheets in two cases during July,
2004.
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