The Supreme Court (SC) has taken decisive action, ordering a fresh Special Investigation Team (SIT) probe into the dealings between Noida officials and landowners, focusing on alleged collusion and inflated compensation payouts. This order, issued on Wednesday, aims to investigate potential irregularities within the New Okhla Industrial Development Authority (NOIDA).
The decision was made by a bench of Justices Surya Kant and Joymalya Bagchi, who accepted the findings of a previous SIT that indicated the presence of prima facie evidence supporting the allegations. Dissatisfied with an earlier inquiry by a Uttar Pradesh government-appointed panel, the Supreme Court had constituted the initial SIT in January. This initial probe was triggered by anticipatory bail pleas filed by a legal advisor and a law officer of the Noida authority, who faced accusations of corruption related to the release of substantial compensation to landowners allegedly not entitled to such high amounts for their acquired land.
The newly formed SIT will consist of three senior IPS officers and will be tasked with thoroughly investigating the functioning of NOIDA. The Director General of Police (DGP) of Uttar Pradesh is responsible for constituting this team. The new SIT will not be reviewing compensation enhancements that were a result of court orders. The Supreme Court has directed the new SIT to immediately register preliminary inquiries and delve into the issues highlighted by the previous SIT, associating forensic experts and the Economic Offence Wing (EoW) of the state police with the investigation.
The Supreme Court has instructed that if the SIT discovers a cognizable offense during its preliminary inquiry, it must register a case and proceed according to the law. The court has also requested a status report on the SIT's progress. Furthermore, the Supreme Court has mandated that a copy of the SIT report be presented to the Uttar Pradesh Chief Secretary, who will then present it to the Council of Ministers for appropriate action. The court has directed that wherever the SIT requires prior sanction to prosecute officers before registering an FIR under the Prevention of Corruption Act, the competent authority should accord sanction within two weeks of submission of application.
In addition to ordering the SIT probe, the Supreme Court has also taken steps to ensure environmental protection. It has ruled that NOIDA cannot approve any new projects in the area without a prior Environmental Impact Assessment (EIA) and approval from the Supreme Court's green bench, which monitors development projects in ecologically sensitive zones. The court also said that the Chief Secretary should also post the Chief Vigilance Officer in Noida, who should either be from the IPS cadre or on deputation from the CAG.
The previous SIT's report highlighted 20 cases where landowners allegedly received excessive compensation. It was found that while the court had ordered revision of compensation in 1,167 cases, NOIDA distributed enhanced compensation in lieu of land acquisition in 1,198 cases. The report also revealed that decision-making within the authority was concentrated within a small group, lacked transparency, and disproportionately favored developers. The Supreme Court has directed the SIT to assess the bank accounts and assets of the involved Noida officials and other beneficiaries of the irregularities with the help of forensic auditors and experts from economic offense wings.
The Supreme Court has scheduled a hearing on the matter after eight weeks and has ordered that the SIT report be kept in the court's custody.