A former Himachal Pradesh minister in the previous BJP government is now in the dock with the high court ordering a probe into the allotment of a prime residential plot in Dharamsala to his wife when he was heading an urban development authority.
Hearing a petition, the Himachal Pradesh High Court asked the state government to conduct an inquiry into the allegations of misuse of power by former minister Kishan Kapoor while he was chairman of the Himachal Pradesh Housing and Urban Development Authority (HIMUDA) too.
"We are of the considered opinion that all aspects of the matter should be inquired into by the vigilance department by an officer not below the rank of superintendent of police," observed a division bench of Chief Justice A.M. Khanwilkar and Justice V.K. Sharma in an order made available to the media Saturday.
The court said the "probe would also unravel involvement of officials concerned as well as other persons".
The court asked to place the inquiry report before it on the next date of hearing Sep 20.
During the last hearing Aug 2, advocate general Shrawan Dogra said since the matter was pending from 2009 the vigilance department, which was expected to probe into the controversy, did not precipitate the matter any further.
"We fail to understand as to why that course of action was adopted by the vigilance department. If the material collected during the preliminary inquiry revealed commission of cognizable offence, it was for the vigilance to proceed in the matter in accordance with law," he said.
Petitioner Arun Dev Bisht, also a resident of Dharamsala, alleged that Kapoor had misused his discretionary power when he was the HIMUDA chairman.
He said he had obtained all documents under the Right to Information Act from HIMUDA and other departments which revealed that Kapoor misused his official position to benefit himself and his relatives.
The petitioner said Kapoor also allotted a residential plot by violating regulations to a journalist.
The petition said though Kapoor had returned the plot allotted to his wife, he could not escape the consequence of wrongdoings in the allotment.
Kapoor also illegally got permission to extend two floors of his hotel in Dharamsala in violation of the building plan, alleged Bisht.
The sanctioned plan, said the petitioner, was of four-plus-one parking floor, whereas he had constructed six floors.
Bisht said that at the time of the alleged illegal construction Kapoor was the urban development minister.
