A supplementary lease deed was executed between the appellant No.1 and the State of Himachal Pradesh enabling use of the additional land companymercially.
Respondent No.
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Thus, the Government Officers who have granted lease are number been prosecuted.
A lease deed dated July 29, 2002 was executed between appellant No.1 and respondent No.
Respondent No.
decision of Council of Minister.
As a result, lease deed was executed between appellant No.
On September 15, 2001, appellant No.
12 of 2013 dated August 01, 2013 is under Sections 406, 420, 120B of the Indian Penal Code, 1860 IPC and Section 13 2 of the Prevention of Corruption Act, 1988 PC Act has been registered Signature Not Verified against the appellants herein as well as some other persons.
7593 of 2013 was filed wherein the High Court passed the orders keeping in abeyance the Criminal Appeal Nos.
A majority of cricket associations throughout the companyntry have been companyverting themselves from a number for profit society to a number for profit companypany registered under the Companies Act, 1956 in order to ensure better and transparent management of their affairs.
Since it was Gram Panchayat land, companysent thereof was also needed for its allotment to the appellant No.1.
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Thereafter, on September 19, 2011, the BCCI took up the pending request of appellant No.
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Further allegation of the appellants is that investigation was personally monitored by respondent No.
The Town and Country Planning Department, Dharamshala also issued numberobjection certificate dated March 15, 2011 for use of part of the infrastructure of cricket stadium as club house for cricket activities.
The Board of Control for Cricket in India BCCI granted permission to the Himachal Pradesh Cricket Association to companyvert itself from a number for profit society to a number for profit companypany during its annual general meeting held on September 19, 2011.
P.C. Dhiman issued Prosecution Secretary, Education NOC to the Department of sanction Department, Youth Services and declined by Government of Sports, companytrary to the Central Himachal Pradesh recommendations Government companyditions of the Director, on Higher Education, and 24.08.2015.
6 Gopal Chand HPAS, Additional Sh.
Accordingly, an agreement was executed on October 01, 2012 companyverting the society to a Section 25 Company and informing the Registrar of Companies of the same.
1 has been existing as a Company with due intimation to the State of Himachal Pradesh paying its lease rent and taxes in accordance with law.
Promoted to IAS.
On July 14, 2005, a number for profit companypany in the name of Himalayan Players Cricket Association was incorporated under Section 25 of the Companies Act, 1956.
Accordingly, the Society was companyverted into a Company and the Himachal Pradesh Cricket Association stood companyverted from a society to a number for profit companypany registered under the Companies Act, 1956 and the Registrar of Companies was informed of the same in due companyrse.
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The above letter was forwarded by the District Magistrate to the Principal Secretary Revenue , Government of Himachal Pradesh and the Principal Secretary Revenue , Government of Himachal Pradesh issued numberobjection for execution of a supplementary lease enabling companymercial activity on the additional land at Kandi provided that the lease money was charged in accordance with the Lease Rules, 2011.
Necessary permissions for development on the said land were obtained including for companymercial hotel.
1 through Director, Himachal Pradesh Youth Services and Sports Department for the said land at Village Mouja and Tehsil Dharamshala, District Kangra for companystruction of an international cricket stadium which was duly companystructed.
Proposal of appellant No.
adjacent to the present 14/13 dated Cricket Stadium gate, 03.10.2013 which was an eyesore to the HPCA and alleged to be a security threat to the players.
1 from its own funds would be grossly underutilised and the State would lose out in hosting cricket matches, appellant No.
1 and its office bearers began working out a method to companystruct a world class motel for such purposes.
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Within a companyple of months, from the aforesaid developments, there was a change of political executive in the State of Himachal Pradesh pursuant to the elections of legislative assembly.
Agreement dated October 01, 2012 was also executed between the Himachal Pradesh Cricket Association the society and Himachal Pradesh Cricket Association the Company to enable the Society to companyvert itself into a Company.
1 society to a Section 25 Company.
According to the appellants, with the change of political power, tirade against the appellants started by the new Government.
Club house was companystructed at the stadium premises at Dharamshala under the name and style of Aveda HPCA Club House.
That judgment is impugned in the instant appeals.
1 in the year 2005 under the provisions of the HP Sports Registration, Recognition and Regulation of Associations Act, 2005 due to the interim protection granted by the Himachal Pradesh High Court on May 18, 2005.
Deepak Sanan, the State whereas under Schedule Government Criminal Appeal Nos.
Name of this companypany was changed to Himachal Pradesh Cricket Association on August 31, 2005.
Himachal Pradesh.
The appellants department sprung into action and started seeking information from the appellants on various aspects, though this information was already available with the State Criminal Appeal Nos.
1 from a number for profit society to a number for profit companypany was given to the Registrar of Societies, State of Himachal Pradesh.
1 number registered as a Section 25 Company under the Companies Act, 1956 informed the Registrar of Societies of the State of Himachal Pradesh of the change in the memorandum and rules of the appellants.
without following Virbhadra procedure as laid down by Singh.
P.C. was made by one Vinay Sharma against appellant No.
1 vide letter dated November 16, 2009 which was companyveyed vide letter dated November 18, 2009.
1 wrote to the respondent to request it to permit companymercial activity on the said land on even number match days and amend the lease terms accordingly.
Criminal Appeal Nos.
In the two FIRs, seven IAS Officers, one Officer belonging to Himachal Pradesh Administrative Service and one Executive Engineer, Dharamshala Division in Himachal Pradesh PWD Department played their significant role at one stage or the other.
Page 18 of 53 the intimation regarding change in status of appellant No.
Completion Certificate was issued on March 10, 2011 and was certified companyplete in all aspects as per approved plan of the Executive Officer, Municipal Council, Dharamshala.
As the terms of the lease may number be technically wide enough to companyer this allied infrastructure being developed for the game of cricket, vide its letter dated December 24, 2011, appellant No.
Both these proceedings were clubbed and heard together which we propose to dispose of by this companymon judgment.
2, even the Registrar of Societies, Himachal Pradesh issued numberice dated September 7, 2013 on the issue of formation of companypany under Section 25 of the Companies Act, 1956 and taking over the assets of the society.
Realising that unless world class accomodation was available for the teams playing at the stadium and the officials companycerned accompanying such teams, the venue at Dharamshala that was being painstakingly developed by the appellant No.
Appellant No.
There was also a parcel of idle land in the middle of the land allotted for the stadium.
After the filing of the said chargesheets, the appellants have also filed Writ Petition Criminal No.
were also fixed by the said Department on September 26, 2012.
Respondent No.
1 is a Cricket Association of Himachal Pradesh which was initially registered as a Society under the Societies Registration Act, 1860 vide Registration Certificate dated June 08, 1990.
Criminal Appeal Nos.
He, thus, submitted that the main Government functionaries were left out which shows that the Government wanted to protect its own Officers but, at the same time, roped in the appellants and others because of political enmity.
12 of 2013 dated August 01, 2013 was registered which, according to the appellants, is the result of the said Congress Chargesheet.
1 and respondent No.
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Pursuant to meetings between the office bearers of appellant No.
Pursuant to the permission by the BCCI, amendments were carried out by the members at the AGM of the appellant No.
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On October 31, 2012, appellant No.
Appellant No.1, thus, approached the Gram Panchayat.
Accordingly, a number for profit companypany in the name of Himalayan Players Cricket Association was Criminal Appeal Nos.
Page 14 of 53 20 of the Business Rules, on he companyld have 03.08.2016.
This Act was subsequently repealed.
Appellant No.1 towards this end made a request to the Director, Youth Services and Sports for allotment of additional land adjacent to the stadium admeasuring 720 square metres, vide its letter dated July 03, 2008.
135 of 2017 in this Court seeking quashing of these chargesheets.
1 to permit it to companyvert itself to a Section 25 number for profit companypany and granted the same.
The hotel companystructed under the name and style of The Pavilion obtained registration with the Tourism Department of the State and Tariffs, etc.
In fact, even during the election campaign, the Congress I had published a Congress Chargesheet wherein serious allegations were levelled against the appellants.
Further, on November 02, 2012, once again Criminal Appeal Nos.
1 and Gram Panchayat, members of Uparali Dhari Development Division, Dharamshala, the said Gram Panchayat issued numberobjection for allotment of the land.
9 Devi Chand Executive Engineer, Devi Chand Chauhan, Prosecution Criminal Appeal Nos.
On vesting in the limited companypany under Part IX of the Companies Act, the properties vest in the companypany as they exist.
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Page 2 of 53 Appellant No.
Need for some more facilities and hotel accommodation of desired quality was specifically stressed.
Page 4 of 53 authorities as well.
Page 5 of 53 accommodation facilities of the club house vide its letter dated September 08, 2011.
Page 6 of 53 their officials, the same would number be companymercially viable.
Page 7 of 53 on September 22, 2012 resolution was passed by the appellant No.
Page 8 of 53 Government.
recommended the matter to be taken to the Cabinet.
Thus, the motive of the Executive Engineer was to intentionally give an advantage to HPCA thereby misusing his official position.
During this process, the HP Sports Registration, Recognition and Regulation of Associations Act, 2005 stood repealed and numberfurther steps were taken in the interregnum to companyvert the society to a section 25 companypany.
1 on September 22, 2012 resolving to companyvert the appellant No.
It is also alleged that Himachal Pradesh Cricket Association Society was merged into a companypany just to prevent the State Government from companytrolling it.
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Criminal Appeal Nos.
1 made an application for allotment of land to develop and companystruct the world class cricket stadium and companysequently, the Commissioner cum Secretary Education granted permission for transfer of land to the Himachal Pradesh Youth Services and Sports Department with certain companyditions.
Thus, from October 01, 2012, appellant No.
He had also made various public statements from time to time that he was interested in taking over the entire function of the Cricket Association and its assets.
According to the appellants, at the behest of respondent No.
Deepak Sanan issued Prosecution Secretary cum NOC for the companymercial sanction Financial use of Government land declined by Commissioner, which was leased to Central Revenue HPCA for the companystruction Government Department, of Hotel Pavilion by on Government of reversing the earlier 25.08.2015.
He was also signatory to lease deed dated July 29, 2002.
1 for lease of the said land situated at Mohal Kand Mauza Khanyara, Tehsil Dharmashala.
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On August 31, 2005, the said Company was permitted to change its name to Himachal Pradesh Cricket Association and was issued a fresh certificate of incorporation.
On the day judgment was pronounced by the High Court, the chargesheets were filed in the Court of Special Judge.
Having regard to this report, the appellants decided to companystruct a club house on the leased land.
1 vide letter dated November 16, 2009 took up the matter with the ACS cum FC Revenue to the Government of Himachal Pradesh for approval to lease out government land in Mohal Kand Mauja Khanyara, Tehsil Dharamshala, District Kangra, measuring in 3 28 06 hectare in favour of appellant No.
1 granted approval to lease out the aforesaid land in favour of appellant No.
1 also approved the tariff for availing the Criminal Appeal Nos.
1 realized that if the use of the same was restricted only to usage during match days for use of teams and Criminal Appeal Nos.
Deepak Prosecution Sanan also numberified the sanction Lease Rules, 2011, on the withdrawn by basis of which the State supplementary lease was Government executed, in accordance on with Rule 9.
K.K. Pant overlooked the report regarding companydition of building.
2 herein who was the Chief Minister at that time.
During the pendency of these proceedings, investigation was companypleted.
Against this numberice, Writ Petition No.
Thus, two parallel proceedings were started.
In the meantime, Criminal Appeal Nos.
Gopal Chand had Prosecution Secretary, Revenue recommended for the sanction Department, companymercial use of land granted on Government of leased to HPCA in Mohal 03.04.2014 Himachal Pradesh Kand and marked the file withdrawn by to Sh.
K.K. Prosecution Commissioner, Pant chaired a meeting sanction Kangra, Himachal with other accused, declined by Pradesh without following due Central procedure and without Government having any statutory on power for doing so, for 27.03.2015.
the Government of India, Hence, Central Public Works prosecution Department Code, whihc sanction led two illegal demolition granted on of two storied building 23.09.2014 Type IV accommodation and of the Education 15.10.2014 Department existing FIR No.
Criminal Appeal Nos.
09.04.2018.
1 for allotment of additional land was mooted with the Criminal Appeal Nos.
These petitions have been dismissed by the High Court vide companymon judgment dated April 25, 2014.
Page 15 of 53 Chauhan Dharamshala while working as sanction Division, HPPWD Executive Engineer Civil , declined by Dharamshala, HPPWD Department Division forwarded the Secretary report sent by the then but SDO Sub Division No.
P.C. before the High Court of Himachal Pradesh for quashing of the said FIRs.
FIR No.
1 and its office bearers in which orders were passed by Special Judge, Kangra on July 02, 2013 directing the police authorities to investigate the said case and submit the report to it.
1, recommende Dharamshala, regarding d by the then dilapidated companydition of Chief Type IV accommodations, Minister Sh.
without mentioning the disposal of building in accordance with rules numberms and recovery companyts from HPCA.
8 P.C. Dhiman IAS, Principal Sh.
