In the matter of occupation by M/s Ansal Properties, Housing and Infrastructure Limited of the Irrigation Department’s land adjacent to the canal in Ahimamau, Lucknow, the Lucknow Bench of the Allahabad High Court said that no prior approval of any authority is required for carrying out the investigation/ inquiry by the CBI.
A Single Bench of Justice Dinesh Kumar Singh heard the petition filed by Bharat Kishore Sinha.
In compliance of the order dated 5.5.2023 passed by the Court, an affidavit of Engineer-in-Chief and Head of Department, Irrigation and Water Resources Department, U.P, Lucknow has been tendered in the High Court.
In the affidavit, it has been stated that penalty of Rs 34,73,985/- was imposed upon M/s Ansal Properties, Housing and Infrastructure Limited vide letter dated 1.5.2023 issued by the Executive Engineer, Lucknow Division-2, Sharda Canal, Lucknow and M/s Ansal Properties, Housing and Infrastructure Limited has deposited the said damages of Rs 34,73,985/- in the Department vide Cheque, which has been credited in the State exchequer vide Treasury Challan dated 15.5.2023.
It is further stated that the canal in question has lost its utility as the area has been developed for housing and commercial purposes and there is no agriculture field for which the water would flow in the canal.
Further, the land of the canal belongs to the Irrigation Department and there are unauthorized encroachments, which are being removed.
It is further stated that the construction of culvert on the road, which crosses the canal, would not require as the water would not flow in the canal.
In view thereof, it is clarified that the culvert on the road, which crosses the canal, is not required to be constructed. The Irrigation Department should ensure that no encroachment over the land of the Irrigation Department is made by any person or entity inasmuch as the said land has not yet been transferred to any private entity and still is in the ownership of the Government, the Court said.
Shivani Tewari, Superintendent of Police, CBI/ACB, Lucknow has conducted a fair and painstaking inquiry in the matter and submitted the first interim report in respect of the inquiry carried out so far.
Hari Nath Singh, Advocate, has tendered an application for intervention filed on behalf of Neeraj Arora, Avadhesh Kumar and Suresh Soni, who are said to have been allotted some plots by M/s Ansal Properties, Housing and Infrastructure Limited. It is said that their plots are now stated to be on the land of the Irrigation Department and they are facing eviction because of the orders passed by the Court in the petition, the Court noted.
“It is made clear that no prior approval of any authority is required for carrying out the investigation/inquiry by the CBI in compliance of the order passed by a constitutional Court. Interim order, if any, shall remain in operation till the next date of listing”, the order reads.
The Court has fixed the next hearing of the petition on July 6, 2023.