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Issues involved: Direction sought for legal action against Real Estate Developers and Builders for duping farmers, investigation by Crime Branch of Haryana Police, remedial measures by Collector, formation of Special Investigating Team (SIT).
Legal Action Against Real Estate Developers and Builders: The petitioners sought a direction for legal action against respondents No.3 to 5, Real Estate Developers and Builders, who allegedly duped farmers in Yamuna Nagar by promising to pay sale consideration through cheques which later bounced. Despite a substantial part of the sale consideration remaining unpaid, intervention by police authorities ensured full payment to the petitioners. A formal FIR under Sections 420/467/468/120-B of the Indian Penal Code was registered at Police Station City Jagadhari, District Yamuna Nagar. Investigation by Crime Branch of Haryana Police: Considering the gravity of the situation where multiple farmers were allegedly cheated of crores of rupees by the respondents and other builders, the court deemed it necessary for the investigation to be conducted by a senior police officer of the Crime Branch. The involvement of revenue officers in connivance with the builders was also highlighted. The Collector, Yamuna Nagar was directed to take immediate remedial measures to prevent further harm to victim-farmers and ensure no rush to the Court. Additionally, a Special Investigating Team (SIT) was to be constituted by the Additional Director General of Police, Crime Branch, comprising officers of specific ranks to investigate all related allegations fairly and conclude the process within three months. Remedial Measures by Collector: The Collector, Yamuna Nagar was mandated by the court to address issues such as prevention of third-party rights creation, change in land nature, or farmer dispossession due to unpaid sale consideration. Immediate and necessary actions were to be taken to protect the interests of victim-farmers and avoid unnecessary legal proceedings. Formation of Special Investigating Team (SIT): A Special Investigating Team (SIT) was directed to be formed by the Additional Director General of Police, Crime Branch, consisting of officers of designated ranks to investigate not only the petitioners' allegations but also those of other affected farmers. The SIT was expected to conduct a fair, impartial, and prompt investigation, ensuring completion within three months for efficient resolution of the matter. This judgment emphasizes the importance of thorough investigation, prompt remedial actions, and protection of the rights of victim-farmers in cases of alleged fraud by Real Estate Developers and Builders, highlighting the role of law enforcement agencies and administrative authorities in ensuring justice and preventing further harm.
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