The Gurugram court, in its order to lodge FIR against the builders and the government officials, observed that the “State machinery” practically did not conduct any proceedings in the matter despite findings of the police.

It also accused the then Additional Deputy Commissioner of manipulating the report in the matter to save the wrongdoers.

In its six-page order, Judicial Magistrate (First Class) Naveen Kumar said practically no proceedings were conducted by the State machinery apart from “sending some official letters to here and there”.

“The complainant has been travelling to various offices for the last more than two years, but to no effect, despite the fact that the there are findings of the then DCP [South], the Police Commissioner and the Office of the Principal Accountant General [Audit].”

It added that the report sought from the then Additional Deputy Commissioner (ADC), Gurugram, in this matter appeared to be prepared with “manipulation” and to “deliberately hide and save the wrongdoers”.

The ADC, in his report to the court, had maintained that the main reason for charging of 2 % fewer stamp duties while registering the 53 sale deeds from 2009 to 2012 was due to non-updation of Sihi village within the Municipal Corporation of Gurugram (MCG) area in HARSIL software.

Software was updated

The court said the perusal of the case further showed that three properties (Vasika No. 1717, 363 and 465) were registered to show the land within the MCG limits using the same HARSIL software which clearly prove that the software was already updated.

“However, the said software was tampered with or changed frequently and knowingly by the Tehsil officials and officers to give undue benefits to builders while registering these 53 sale deeds”, said the order.

The court said the then ADC mentioned in his report that the district administration did not inform to all Tehsildars about updating of HARSIL software, but the “said stand also appears as false for the simple reason that if the HARSIL software was not updated then whey the sale deeds bearing vasika no. 126, 1717 and 363 were registered showing the land of Sihi within the MCG area”.

“The accused persons were aware of the fact that the Sihi village was within the MCG area from the first day of functioning of Manesar Tehsil...but the Tehsil officials in connivance with the builders tampered with the system and programming of HARSIL software frequently, deliberately and intentionally just to give undue benefits to builders,” said the court.

“From the records available on case file it can be said that the HARSIL software was updated timely and the report of ADC, Gurugram regarding non-updation of software appears to be prepared deliberately with the sole motive to save the skin of wrongdoers,” the court added.