IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P NO. 1908 OF 2009 DECIDED ON : 05.02.2009 Tejinder Kumar and another ...Petitioners versus State of Haryana and others ...Respondents CORAM : HON'BLE MR. JUSTICE SURYA KANT Present : Mr. Karan Bhardwaj, Advocate, for the petitioner. SURYA KANT, J. (ORAL) The petitioners seek a direction to the Superintendent of Police, Yamuna Nagar to take appropriate legal action against respondents No.3 to 5, who are stated to be Real Estate Developers and Builders and are alleged to have duped several farmers in the area of Yamuna Nagar by alluring them to execute the sale deeds with a promise to pay the sale consideration through cheques, which later on bounced for want of 'sufficient funds'. In the case in hand also, a substantial part of the sale consideration had remained unpaid but with the intervention of the police authorities, the petitioners have now been paid the entire sale consideration. Notice of motion to respondents No.1 and 2 only, at this stage. C.W.P NO. 1908 OF 2009 -2- Mr. R. D. Sharma, DAG, Haryana, accepts notice on their behalf. Learned State counsel on instructions from Sub Inspector Suresh Pal, State Crime Branch, Panchkula, who is present in Court in relation to some other connected cases, submits that the Additional Director General of Police, Crime Branch, Haryana has taken a decision to hand over the investigation of such like cases to the Crime Branch of Haryana Police and a formal FIR No.33 dated 27.01.2009 under Sections 420/467/468/120-B of the Indian Penal Code, has also been registered at Police Station City Jagadhari, District Yamuna Nagar. Having regard to the allegations that the respondents and some other builders/developers have cheated hundreds of farmers in district Yamuna Nagar, by depriving them of the total sale consideration running into crores of rupees, in my considered view, the matter requires to be investigated by some fairly senior police officer of the Crime Branch, more so, when complicity of some revenue officers, against whom the allegations of conniving with the builders have been made, cannot be ruled out at this stage. Besides this, the Collector, Yamuna Nagar is obligated in law to take immediate remedial measures to prevent creation of third party rights, change of the nature of the land or dispossession of the farmers to whom full sale consideration has not been paid so far. The Collector, Yamuna Nagar is accordingly C.W.P NO. 1908 OF 2009 -3- directed to look these aspects into consideration and take necessary and prompt action so that every victim-farmer is not compelled to rush to the Court. Similarly, the Additional Director General of Police, Crime Branch, is directed to constitute a Special Investigating Team (SIT) which shall comprise of an officer not below the rank of Dy. Superintendent of Police and with two officers in the rank of Inspectors. The SIT shall investigate into not only the allegations made by the petitioners/other farmers who have already approached this Court, but of the others as well. The SIT is expected to conclude the investigation in a fair, impartial and dispassionate manner and as early as possible, but not later than three months. Disposed of. Copy of this order be handed over to Mr. R. D. Sharma, DAG, Haryana, for information and necessary action. FEBRUARY 05, 2009 (SURYA KANT) shalini JUDGE