Surya Sonal Singh vs Director, Directorate of Enforcement

Pursuant to our order dated 14.11.2017, show-cause has been filed on 28.11.2017 by the contemnor Managing Director K. Srinivasa Rao. Supplementary show-cause has also been filed today. NHAI has filed two affidavits thereafter, one on 25.11.2017 and other today containing the progress or rather lack of progress of work in the month of November and till date. A supplementary counter affidavit has also been filed on behalf of the State sworn by the Executive Engineer, Road Construction Department, Road Division, Ranchi (Gramin) on 25.11.2017 which also mentions that the proposal for additional land in Mouza Neori, Hesal, Chatra and Gadke received from NHAI is being processed for land acquisition. Proposal for diversion of forest land in Mouza Badam and Kewali is under formulation by the NHAI. Valuation of the structures situated in the right of the way in Bundu has been done by the NHAI which is in the process of vetting with the district authorities, where-after, it would be sent to the NHAI for fund allocation. Authorities of the State are in necessary interaction with the NHAI for resolving the outstanding issues.

A supplementary affidavit has been filed on behalf of the Forest Department, Government of Jharkhand sworn by the Conservator of Forest - cum - Deputy Director, Wasteland Development Board, Ranchi. It is in continuation with the previous affidavit dated 30.10.2017. A revised proposal submitted by the NHAI has been forwarded to the Government of India for approval of diversion of 11.3738 Hectares of forest land in place of the previous stage-1 approval of 9.7691 Hectares of forest land. Ministry of Environment, Forest and Climate Change (MOEF), Government of India has asked for submission of DGPS map of the forest land proposal for diversion and proposed CA land along with the original FRA Certificate in the prescribed format through letter dated 10.11.2017. Reminder has been sent to the concerned Field Officers on 05.12.2017 by the Principal Chief Conservator of Forest - cum - Executive Director, WLDB, Jharkhand for early compliance. NHAI has also been informed to submit the DGPS map of forest land proposed for diversion and proposed CA land along with the original FRA certificate vide letter dated 06.12.2017. According to the said Respondent, as soon as the required document is submitted by the NHAI to the Forest Department, it would be expeditiously processed and forwarded to the Government of India. No further affidavit has been filed by the Respondent Bank.

Learned ASGI has informed us that SFIO has designated two Inquiry Officers to inquire into the matter in terms of our order dated 14.11.2017. As per the instruction furnished to him, the concerned parties such as NHAI, lead banker Canara Bank, Ranchi Expressway Ltd, Hyderabad and Registrar of Companies, Hyderabad have been asked to furnish necessary details. Reply has been received from the lead banker Canara Bank on 12.12.2017, but detail bank statement of escrow account through which loan has been disbursed to the Agency, is yet to be received. The Agency Ranchi Expressway Limited has submitted documents in respect of the agreement with NHAI, but has sought time to submit copy of the correspondence made with NHAI with regard to the monitoring of progress of project, audit reports and bank statements. NHAI has not responded so far. Further, the statutory Auditor of the Company was asked to submit audit reports along with working papers. The same has been submitted on 08.12.2017 and are being analyzed. SFIO has sought for further extension of one month''s time for submission of requisite report as complete information from all the concerned agencies is yet to be received.

Learned Senior Counsel representing the contemnor K. Srinivasa Rao submits that the Agency may be allowed to show its bonafides and achieve the desired progress of the work as per the projected timeline. According to the instruction furnished to him, funds are no problem.

We post the matter for 29.01.2018. Respective parties shall submit their affidavits and Status Report. SFIO would also submit the Status Report in respect of the inquiry. Contemnor Managing Director K. Srinivasa Rao shall also be present on the next date.