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Home / Chandigarh / Malpractices in property registration: Criminal proceedings initiated against 6 Gurugram officials

Malpractices in property registration: Criminal proceedings initiated against 6 Gurugram officials

chandigarh Updated: Aug 01, 2020 01:23 IST

Initiating punitive action against six serving and one retired Gurugram revenue official for executing registration of sale deeds of properties without obtaining no objection certificates (NoC) in notified urban areas of Gurugram district, the Haryana government on Friday ordered registration of first information reports (FIRs) against them. The six serving officials have also been placed under suspension.

The requirement of an NoC stating that land transfer does not contravene any provision of the act was to prevent ill-planned and haphazard construction in urban areas notified by the town and country planning (TCP) department.

The state government had last week halted the registration of transfer deeds across the state for a limited period citing alleged corrupt practices.

Additional chief secretary (ACS), revenue, Vijai Vardhan in a July 31 communication to principal secretary, TCP, said that FIRs be registered against Sohna tehsildar Bansi Lal; Sohna naib tehsildar Dalbir Singh; Badshahpur naib tehsildar Hari Kishan; Wazirabad naib tehsildar Jai Prakash; former Gurugram and Harsaru naib tehsildar Desh Raj Kamboj; Manesar naib tehsildar Jagdish Chand and Kadarpur naib tehsildar Om Prakash (retired) as they have been found guilty of flagrant violations of Section 7-A of the Haryana Development and Regulation of Urban Areas (HDRUA) Act during registration of sale deeds.

These officials were indicted by Gurugram divisional commissioner.

The HDRUA Act administered by the TCP department provides for criminal prosecution of the violators. “Any person who contravenes any provision of this Act or rules made thereunder or any conditions of a licence granted under section 3 shall be punishable with imprisonment of either inscription for a term which may extend to three years and shall also be liable for fine,” reads Section 10 the Act.

Rampant corrupt practices detected

Revenue officials said registration of properties without NoC in notified urban area land under Section 7-A led to mushrooming of unauthorised settlements and corrupt practices.

Gurugram divisional commissioner during an inquiry found that a number of naib tehsildars were executing sale deeds indiscriminately without the NoC.

The stipulations in Section 7-A pertained to grant of an NoC by the TCP department before registration of land in notified urban areas.

The government has also directed the divisional commissioner to submit a detailed inquiry report regarding the patwaris who have changed the entries of land in ‘khasra girdawari’ from agricultural land to uncultivable (gair mumkin) with malafide intent to facilitate the registration of deeds in violation of section 7-A, officials said.

The revenue department which flagged the Section 7-A violations has also written to the TCP department to make appropriate changes in the law. An ordinance to amend the law again is likely to be promulgated soon, officials said.

The TCP and urban local bodies departments have also been directed to conduct an internal inquiry regarding the NoCs issued by them. They have been asked to submit a report to the revenue department within two weeks to assess the extent of responsibility that can be ascribed to officers of these departments, officials said.

How realtors took advantage of ‘17 amendment

However, following a 2017 amendment in Section 7-A, the law got watered down and real estate developers were able to circumvent the requirement of NoC by converting agricultural land into uncultivable in revenue records.

Also, the reduction of size of land from less than a hectare to two kanals worked to the advantage of realtors, officials said.

The revenue department which flagged the Section 7-A violations has also written to the TCP department to make appropriate changes in the law. An ordinance to amend the law again is likely to be promulgated soon, officials said.

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