Full Text
HIGH COURT OF DELHI
Date of Decision: 6th November, 2023
GOVIND SARAN SHARMA ..... Petitioner
Through: Mr. Kasim Khan and Mr. Aman Mirza, Advocates (M: 9873787009).
Through: Mr. Sanjay Katyal, Standing Counsel for DDA & Mr. Sumit Chander, Mr. Gurdeep Chauhan, Ms. Mahak Dua, Advs, (M.
9999456632).
Mr. Sanjay Kumar Pathak (Standing counsel-L&B) with Mr. Sunil Kumar Jha, Adv. For R-2 (M.
9910770311).
Mr. Anurag Ahluwalia, CGSC with Ms. Avshreya Pratap Singh Rudy, Mr. Sanjay Kumar Upadhyay, Under
Secretary (MOHUA).
Ms. Nandita Rao, ASC (Crl) for State (M: 919971479575).
Ms. Hetu Arora Sethi, ASC for Delhi Police with Inp. Pankaj Kumar
Thakur.
JUDGMENT
1. This hearing has been done through hybrid mode.
2. The present petition has been filed by the Petitioner-Mr. Govind Saran Sharma seeking directions to the Respondents for the execution of conveyance deed/title documents regarding a plot identified as ‘No. E-66 in Malviya Nagar, New Delhi’ (hereinafter, ‘subject property’), under the Saket/South Residential Scheme, in favour of the Petitioner.
3. This Petition has been filed against Respondent No. 1-the Delhi Development Authority (‘DDA’), and Respondent No. 2- the Land & Building Department (‘L&BD’).
4. The petition has brought to light certain disconcerting details about various properties, allegedly allotted by the DDA based on allegedly forged letters from the L&BD. These properties are spread across Delhi and are of significant value, potentially worth crores of rupees.
5. Vide order 8th May 2023, this Court directed as follows:
6. The DDA has filed an affidavit dated 22nd August 2023, sworn by Mr. Pankaj Kumar Bhagat, posted as Deputy Director Lab (Res.), DDA. He is also present in the Court. As per the said affidavit, efforts were made by the DDA to obtain the status of allotment against 128 recommendation letters received from the L&BD. The DDA’s stand in respect of the said allotments is as under:
┌─────────────────────────────────────────────────────────────────────────────────────────────────────────────────┐ │
┌───────────────────────────────────────────────────────────────────────────────────────────────────────────────────────┐ │ bifurcation of the list of 128 │ │ recommendations is as under: - │ │
┌───────────────────────────────────────────────────────────────────────────────────────────────────────────────────────┐ │ Table 2 │ │ Sl. Plot No. Area Status Action │ │ No. │ ├───────────────────────────────────────────────────────────────────────────────────────────────────────────────────────┤ │ 1 B-3/92, 104.00 Property Details obtained │ │ Safdarjung Sqm from the Draw list & Part │ │ File. │ │ 2 B-4/186-B, 104.00 │ │ Signature Not Verified │ │ Digitally Signed W.P.(C) 2802/2020 Page 10 of 17 │ │ By:RAHUL │ │ Safdarjung Sqm Further, as per entries in │ │ the property register, No │ │ 3 B-5/47-B, 103.88 Vacant │ │ further allotment has been │ │ Safdarjung Sqm made. │ │ 4 G-76, Saket 125 Sq. │ │ Yds. │ │ 5 Letter dt. 10.09.2023 & │ │ 04.10.2023 forwarded to │ │ C-17, Masjid 504.00 │ │ L&BD for verification of │ │ Moth Sqm │ │ Recommendation letter & │ │ 6 confirmation letter │ │ 151.20 received from L&BD to │ │ TU-42, Sqm Constructed re-ascertain the │ │ Pitampura │ │ genuineness of both these │ │ 7 G-47, Saket letters, given the vexed │ │ 104.512 trajectory of │ │ Sqm recommendations in these │ │ cases. │ │ 8 Re-allotted as per the │ │ report of Prog. Assist. │ │ E-61, Saket 104.512 Constructed │ │ Property file not available. │ │ Sqm │ │ 9 BK-21, Mismatch in the File No. │ │ and Report obtained from │ │ Shalimar 166 Sqm Constructed │ │ Prog. Assist. The aspect is │ │ Bagh │ │ being examined. │ │ 10 150 Property Details obtained │ │ E-101, Saket │ │ Sq.Yds. from the Draw list & Part │ │ 11 150 Constructed File. │ │ J-116, Saket │ │ Sq.Yds. Further, as per entries in │ │ 12 the property register, No │ │ G-58, Saket 125 sq.yds │ │ further allotment. │ │ 13 FIU-3, 159.66 Constructed Re-allotted via auction as │ │ Pitampura Sqm per the report received │ │ from Prog. Assist. │ │ 14 B-57, 314 Sq. Under No further allotment as per │ │ Signature Not Verified │ │ Digitally Signed W.P.(C) 2802/2020 Page 11 of 17 │ │ By:RAHUL │ │ Friends Yds. construction record. │ │ Colony │ └───────────────────────────────────────────────────────────────────────────────────────────────────────────────────────┘
record found till date and no 42 cases
│ │ recommendation letter found noted in the │ │ register) │ │ Total 95 Cases │ │ Status of Balance 33 Cases │ │ 3. Saket 16 Plots │ │ 4. Safdarjung 10 Plots │ │ Signature Not Verified │ │ Digitally Signed W.P.(C) 2802/2020 Page 7 of 17 │ │ By:RAHUL │ │ 5. Pitampura 03 Plots │ │ 6. Shalimar Bagh 02 Plots │ │ 7. Friends Colony 01 Plot │ │ 8. Masjid Moth 01 Plot │ │ Total 128 Cases │ │ 2. Thereafter, out of total 128 recommendations, │ │ it was noticed that in 33 cases properties were allotted │ │ as reflected at Sl. Nos. 3 to 8 in the table above. │ │ 3. A joint survey comprising representatives of │ │ the LD Department and Survey Wing of DDA was │ │ undertaken to ascertain the ground situation of the │ │ plots/properties in these 33 cases was also undertaken, │ │ the outcome of which is enclosed at Annexure – 9. The │ │ same is also summarised in the succeeding para.” │ │ 11. Thus, in this status report, out of 128 cases, as per the DDA: │ │ • in respect of 53 cases, no allotments were made as the L&BD’s letters │ │ of recommendation were forged; │ │ • in respect of 42 cases, records are not traceable; │ │ • in respect of 33 cases, allotment letters have been withdrawn as of │ │ October-November, 2023 as the recommendations are forged; │ │ • In some cases, possession of the property has been taken; │ │ • In some cases, letters dated 10th September, 2023 and 4th October, │ │ 2023 have been sent to L&BD to ascertain the genuineness of these │ │ recommendation letters. │ │ 12. The status of the 33 properties as per the DDA is set out below:- │ │ Signature Not Verified │ │ Digitally Signed W.P.(C) 2802/2020 Page 8 of 17 │ │ By:RAHUL │ │ (i) Cases where withdrawal letters have been issued: - │ │ Table 1 │ │ 1 125.00 Sq. │ │ E-66 Saket │ │ Yds │ │ 2 104.512 │ │ E-62, Saket │ │ Sqm │ │ Vacant Vacant and DDA │ │ 3 B-4/189A, Signboard Exists at the site │ │ 104 Sqm │ │ Safdarjung │ │ 4 B-4/187A │ │ 104 Sqm │ │ Safdarjung │ │ 5 B-4/241, 126 Sq. Vacant Instruction have been │ │ Safdarjung Mtr. forwarded to the │ │ concerned Engineering │ │ 104.515 division of DDA for │ │ E-71, Saket making boundary at the │ │ Sqm │ │ site. │ │ 7 G-60, Saket 125.00 Sq. │ │ Yds │ │ 8 HU-84, 207 Sqm. Letter dt. 10.09.2023 & │ │ Pitampura 04.10.2023 forwarded to │ │ L&BD for verification of │ │ 9 E-111, 150 Sq. │ │ Recommendation letter & │ │ Saket Yds. │ │ confirmation letter │ │ Constructed │ │ 10 B-2/1-B, 326.24 received from L&BD to │ │ Safdarjung Sqm. re-ascertain the │ │ genuineness of both these │ │ 11 BH-116, 126 Sqm letters, given the vexed │ │ Shalimar trajectory of │ │ Bagh recommendations in these │ │ cases. │ │ Signature Not Verified │ │ Digitally Signed W.P.(C) 2802/2020 Page 9 of 17 │ │ By:RAHUL │ └───────────────────────────────────────────────────────────────────────────────────────────────────────────────────────�
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public Land the DDA in this endeavour has proposed
│ │ following action: │ │ a. Where the land was allotted and still lying vacant │ │ - action is being initiated for taking the │ │ possession of the land, which will thereafter be │ │ disposed as per prevailing policy. │ │ b. Where in spite of issuing withdrawal of │ │ allotment building has been constructed, action │ │ is being initiated for getting the properties │ │ vacated for taking back the possession of the │ │ land as per due process of law. In case the │ │ Lease Deed/Conveyance Deed has been │ │ executed, the same is required to be cancelled │ │ by the competent authority i.e. with the │ │ approval of Hon'ble LG /Hon'ble Court. │ │ Eviction process will thereafter be initiated │ │ under PPE Act, 1971. In addition, FIRs are │ │ also to be lodged against such fraudulent │ │ allottees. │ │ Further in this regard the DDA has considered it │ │ appropriate to apprise the Secretary, MoHUA by │ │ means of letter dt. 21.08.2023, Copy of which is │ │ annexed herewith as Annexure R and is self- │ │ explanatory.” │ │ 7. In terms of the above order, the MoHUA was also directed to conduct │ │ an inquiry and submit a report. However, it appears that the Registry, Delhi │ │ High Court did not communicate the above order to the Secretary of │ │ MoHUA; therefore, the order was communicated again. │ │ 8. On 23rd August 2023, notice was issued once again for MoHUA and │ │ Mr. Anurag Ahluwalia, ld. CGSC was requested to accept notice. The Court, │ │ then directed that an enquiry would be conducted on the following aspects:- │ │ Signature Not Verified │ │ Digitally Signed W.P.(C) 2802/2020 Page 4 of 17 │ │ By:RAHUL │ │ 8. The enquiry to be conducted by the Secretary, │ │ MoHUA shall file a detailed report on the following │ │ aspects: │ │ (i) Issuance of forged allotment recommendation │ │ letters by the L&BD. │ │ (ii) The manner in which allotment of the 128 │ │ plots was carried out. │ │ (iii) The mode of cancellation of the said │ │ allotments, as based on the forged documents, │ │ and steps to ensure that the said allotted plots │ │ are vested back to the governmental authorities. │ │ (iv) Identification of the officials, who were │ │ responsible for the said allotments, both in the │ │ L&B Deptt and DDA. │ │ (v) Progress of the investigation by the Delhi │ │ Police in FIRs registered for alleged forgery and │ │ land allotments. │ │ (vi) Recommendations on the way forward. │ │ 9. In addition to MoHUA, the Delhi Police and the DDA were also │ │ directed to place their respective status report in respect of the above │ │ aspects. │ │ 10. Today, an affidavit dated 3rd November 2023, sworn by Mr. Pankaj │ │ Kumar Bhagat, posted as Deputy Director, DDA, has been placed on record. │ │ Accompanying the said affidavit is a status report concerning the alleged │ │ forgery in the recommendation letters of 128 plots, by way of a note. As per │ │ the said note, which has been submitted, the stand of the DDA is as │ │ follows:- │ │ • That, between 1978-1982 a list of 128 recommendations had been │ │ received from the L&BD, GNCTD. │ │ • The said recommendations were obtained by malpractice. │ │ • On the basis of the recommendations, some plots were also allotted. │ └─────────────────────────────────────────────────────────────────────────────────────────────────────────────────�
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23. Certain steps are stated to have been taken after the Court has taken cognizance of the situation, and has passed strict directions. However, the action taken by the authorities till now is clearly not satisfactory.
24. Mr. Katyal, ld. Counsel has emphasized that the DDA is taking these matters seriously. Day to day tracing of records and steps to reclaim possession are underway. According to him, Vice Chairman, DDA has accorded topmost priority to this matter.
25. Considering the gamut of issues and authorities involved, there has been no follow-up by either the L&BD, GNCTD or the DDA. The MoHUA has also not taken any action despite two orders from this Court. The value of these properties, even at an average price, would be in thousands of crores, as it involves a total of 166 properties out of which it is stated by DDA that 53 recommendations did not result in allotments. Thus, there are at least 113 properties located in Saket, Safdarjung, Pitampura, Shalimar Bagh, Friends Colony, Masjid Moth and other prime locations. The said plots exceed 100 sq. yards, with some plots spanning more than 300 sq. mtrs., 500 s. mtrs. and so on. Such plots are extremely valuable and the price of each plot would run into crores. The total value of these properties even by conservative estimates could be over Rs. 2000 crores.
26. The DDA ought to continue with action to withdraw the allotments and taking possession of these properties underlying forged recommendation letters. However, officials guilty for these allotments and the beneficiaries of these allotments should not be allowed to escape without consequences for having relied upon forged letters. Moreover, there is an immediate need for technological solutions to be implemented within the DDA for allotments of these plots, ensuring that forgeries do not become the basis for allotments. According to Mr. Katyal, ld. Counsel submits that the DDA currently has a transparent mechanism in place. If so, let an affidavit be placed on record to that effect before the next date of hearing.
27. In respect of the above, let an updated status report be filed by the DDA and the MoHUA, if so advised.
28. On the next date of hearing, ld. Counsel to make the submissions as to why this entire matter ought not to be referred to the Central Bureau of Investigation (CBI) for further investigation and inquiry to proceed in accordance with law, or whether the investigation in the present matter should be continued by the EOW, Delhi Police.
29. The DDA shall also immediately issue instructions to the concerned Sub-Registrars giving the complete list of 128 properties, so as to ensure that no further third-party interest is created in any of these 128 properties. No further sale should also be permitted.
30. Copy of this order be communicated to the Chief Secretary, GNCTD for compliance by all Sub-Registrars. List on 12th December, 2023.
PRATHIBA M. SINGH JUDGE NOVEMBER 06, 2023 mr/dn