Smt. Neera Yadav vs CBI (Bharat Sangh)

Fact of the case :-

the CBI registered an F.I.R. Crime No. RC/3(A)/98-ACU-VII dated 26.02.1998 against Smt. Neera Yadav who was serving as Chairperson and Chief Executive Officer

(CCEO) of NOIDA, during the relevant period viz. 10.01.1994 to 08.11.1995, and some other high officials of NOIDA. The FIR contained allegations to the effect that Ms. Neera Yadav in conspiracy with other officials CA NO.253 OF 2017 abused her position while committing grave irregularities in the matters of allotments and conversions of land in NOIDA.

Appellant-Neera Yadav held the post of Chairman-cum- Chief Executive Officer (CCEO) of NOIDA for the period from 10.01.1994 to 08.11.1995. During her tenure, residential scheme No. 1994(I) was announced and the date of submission of application was extended up to 15.03.1994.

While working as CCEO, NOIDA, she abused her official position in the matter of allotment of plot No.B-002 in Sector-32 measuring 300 sq.ms. in the draw of lottery. Within one week of the allotment, the appellant made a request for allotment of another plot in any developed Sector, through conversion. Based on her request, plot No.B-002 in Sector-32 was converted to plot No.26 in Sector-14A of Noida, comprising an area of 450 sq.ms. Further case of prosecution is at the direction of Smt. Neera Yadav, CCEO NOIDA, the then Chief Architect Planner (CAP) Mr. S.P. Gautam of NOIDA put up a note dated 28.05.1994 for revising the layout of the plot nos.

26, 27 and 28 by increasing the sizes of the said plots from 450 to 562.50 sq.ms., 525 sq.ms. and 487.50 sq.ms. respectively. Thereby the area of plot No.26 was increased by 112.50 sq.ms. and the same was approved

by the appellant Smt. Neera Yadav on 31.05.1994, benefitting the appellant herself. By a further change in the plot, a CA NO.253 OF 2017 7.50 ms. a wide road was carved to the east of plot No.26 which again resulted in benefitting the appellant.

Further, the appellant abused her position in getting two plots in the name of her two daughters Ms. Sanskriti and Ms. Suruchi. Shop No.9 in Sector-28 of NOIDA was allotted in the name of the eldest unmarried daughter of Neera Yadav, Ms. Sanskriti who was studying abroad since 1991 and who had received possession of her shop through her younger sister Ms. Suruchi. She requested for issuance of the functional certificate and the same was issued immediately on the same date viz. 06.06.1994. On the strength of the ownership of shop No.9 in Sector-28, Ms.

Sanskriti had applied for allotment of a residential plot under the scheme of 1994 (ii) of NOIDA. Consequently, plot No.B-73 in Sector-44, Noida was allotted in the name of Ms. Sanskriti which she later on got converted to plot No.A-33 in Sector-44. Likewise, Ms. Suruchi, another daughter of Neera Yadav, was also allotted a shop viz. shop No.74 in Sector-15 of Noida and after obtaining possession of the same, the shop was declared to be functional on 28.05.1994. On the strength of ownership of the said shop, Ms. Suruchi also applied for allotment of a residential plot under the scheme of 1994(iii).

Consequently, plot No.B-88 in Sector-51, CA NO.253 OF 2017 comprising of an area of 450 sq.ms., was allotted in

the name of Ms. Suruchi, which she subsequently got converted to plot no.A-32 adjoining to plot No.A-33 (allotted to her sister) in Sector-44 Noida.

ISSUES :-

1. The present order will dispose of one of the issues relating to the decision of the Uttar Pradesh Government not to take disciplinary action against Smt Neera Yadav…(in short “NOIDA”). Explanation was asked by Principal Secretary (Heavy Industries) of the Government of U.P from Smt Neera Yadav. On 2-2-1993 the then Chief Minister of U.P observed that there was no…Bureau of Investigation (in short “CBI”) regarding the alleged irregularities in allotments and conversions in NOIDA

2. The application was signed by Smt. Neera Yadav and was not accompanied by attested photographs. The application was undated, notarised affidavit was not submitted and no demand draft/pay order was enclosed.

ARGUMENTS :-

ARGUMENTS BY THE PETITIONER (Neera Yadav):-

Neera’s defence was that she had nothing to do with this lottery allotment and the lottery is not challenged.

Sangh):-

ARGUMENTS BY THE RESPONDENT (C.B.I , Bharat

Case of prosecution is that the appellant Neera Yadav sought allotment of a residential plot in her name vide an undated application, allegedly moved after closure of the concerned scheme, with undated CA NO.253 OF 2017 cheque. Appellant preferred an undated application (Ext. Ka-37) for allotment of a residential Plot under Category- VI (Regular Employees of NOIDA or regular Government/Public Sector Undertaking Employees on deputation to NOIDA) under the Scheme 1994(i), which was issued inviting applications for allotment of residential plots in Sectors 23, 32, 33, 34, 35, 49 and 53 as per the brochure. The scheme offered five categories of plots, based on size. The concerned application No.648 (Ext. Ka-37) was preferred by the appellant for Plot code 05 i.e. plot of 350 sq.ms.

To substantiate the charges against the appellant, the prosecution, apart from producing a number of documentary evidences, examined as many as thirty nine witnesses. The appellant was questioned under Section 313 Cr.P.C. about the incriminating evidence and circumstance and the appellant denied all of them.

JUDGEMENT :-

During her tenure, Neera Yadav, who served as the Chairperson and Chief Executive Officer of NOIDA during the said time, was alleged to be involved in conspiracy with other officials and abused her position while committing grave irregularities in the matters of allotments and conversions of land in NOIDA. Based upon the evidence produced, the Court held that Neera Yadav abused her position as a public servant to benefit herself and her kith and kin. She not only made a mockery of the rules and regulations of NOIDA, but also misused her position by completely neglecting her duties. Being a Chairman-cum- CEO of NOIDA she was expected to ensure that the allotment of plots in NOIDA are affected in strict compliance with the Rules and Regulations of NOIDA. However, she herself bypassed the Rules and Regulations of NOIDA by submitting ante dated, half-filled applications

for seeking allotment of plots and by not paying the total amount payable in lieu of the allotment.

The High court of judicature at Allahabad criminal Appeal No. 4837 of 2012 upheld the conviction of former UP Chief Secretary Neera Yadav , Chairperson and Chief Executive Officer (CCEO) of NOIDA under Section 120-B IPC and Section 13(2) read with Section 13(1)(d) of Prevention of Corruption Act, 1988 for being involved in the NOIDA land allocation scam during their tenure from January 1994 to December 1995, and sentencing her to undergo rigorous imprisonment for a Digitally signed by NARENDRA PRASAD period of three years and fine of Rs.1,00,000/- and in case of default in Date: 2017.08.02 16:35:25 IST Reason The Court, however, reduced the sentence from 3 years to 2 years imprisonment.

REFERENCES :-

https://indiankanoon.org https://ww.scconlione.com

This article is written by Sanjana Tomar of Amity Law College , Gwalior, intern vidhiya

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