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Gurugram land deal probe: Controversial mutation details sought from Haryana revenue dept

By, Chandigarh
Apr 15, 2023 12:17 PM IST

The land deal got embroiled in a controversy after Haryana IAS officer Ashok Khemka, who was then posted as director general, consolidation of holdings, set aside the mutation (number 4513) of Sky Light’s 3.53 acre on October 15, 2012.

A Haryana Police special investigating team (SIT), probing a 2018 first information report pertaining to suspected irregularities in a land deal between Robert Vadra’s Sky Light Hospitality and realty major DLF in Gurugram, recently sought a clarification from financial commissioner, revenue (FCR), on the legal provisions regulating the sanction of mutation (number 4513 of September 20, 2012) of 3.53 acres – the tract sold by Vadra to DLF.

The land deal between Robert Vadra’s Sky Light Hospitality and realty major DLF in Gurugram is embroiled in controversy over suspected irregularities. (HT File)
The land deal between Robert Vadra’s Sky Light Hospitality and realty major DLF in Gurugram is embroiled in controversy over suspected irregularities. (HT File)

The land deal got embroiled in a controversy after Haryana IAS officer Ashok Khemka, who was then posted as director general, consolidation of holdings, set aside the mutation (number 4513) of Sky Light’s 3.53 acre on October 15, 2012. However, his orders to set aside the mutation were never given effect by the Gurugram revenue administration. An April 25, 2014, communication by the Gurugram deputy commissioner said there is no change in the status of mutation (number 4513) and it shows the ownership of land in favour of DLF. Mutation is the transfer or change of title of a property in the land records of the revenue department.

Land transfer as per rules, Manesar tehsildar told the cops

Documents pertaining to the slow-paced investigation of the 2018 FIR revealed that as per a report received from tehsildar, Manesar, Gurugram, vide letter number 108/reader of May 12, 2022, 3.5 acres was sold by Sky Light to DLF on September 18, 2012 and this transfer of land has been done in accordance with Indian Registration Act. “No regulations or rules have been violated in the said transaction. The state government has not suffered any revenue loss in this transaction,” the report sent to the SIT said.

In fact, the deputy commissioners of Gurugram, Faridabad, Palwal and Mewat who were asked by Khemka to inspect the land documents of Vadra’s companies had on October 26, 2012, communicated to the state government that there was no under-valuation of properties bought by Vadra and his companies.

Quid pro quo angle under investigation

The SIT, which is also probing a quid pro quo angle in relation to the 2010 sale of 350 acres of Wazirabad land in Gurugram to DLF for a leisure project, had also sought information from the revenue officials. A report sent to the police by Wazirabad tehsildar along with a note of halqa patwari said that 350 acres situated in Wazirabad, the revenue area has not been found in the name of DLF Universal Limited. “The said land still exists in the name of Haryana State Industrial and Infrastructure Development Corporation and Haryana Shehri Vikas Pradhikaran as per the mutation and jamabandi record from 2007-08,” the Wazirabad tehsildar report said.

The transfer of this land though was disapproved by Punjab and Haryana high court in September 2014, the bench had directed the state government to invite fresh international bids. The court had made it clear that if the fresh bids were more beneficial for the purpose of maximising the state’s revenue, the allotment in favour of DLF shall stand cancelled. However, if the fresh process does not attract any bid better than the earlier bid given by DLF, then the state government shall be at liberty to revive the February 9, 2010, allotment to DLF.

The HC order has been challenged in the Supreme Court.

Directors of Onkareshwar asked to join probe

As per the official record, the directors of M/s Onkareshwar Properties Ltd (now SGY Properties Ltd) Satyanand Yajee joined investigation on April 3 and 6 this year. A former director of Onkareshwar Properties, Kewal Singh Virk, was also served with a notice to join the probe on April 10 this year and a notice has also been served to DLF to seek relevant case details.

Tracking the money flow

The station house officer (SHO) of Kherki Daula police station in Gurugram (where the FIR is registered) on December 28, 2022, served a notice to registrar of companies to seek additional information and record of Sky Light Hospitality and Sky Light Realty Private Ltd. “Bank statements of Sky Light Hospitality and Sky Light Realty revealed that a sum of 7.45 crore and about 7.43 crore had been transferred from the account of Sky Light Hospitality to the account of Onkareshwar Properties on August 9, 2008 and August 16, 2008 respectively,” probe documents showed.

The SIT was told that the record received from Sohna treasury officer for verifying as to by whom the stamp fee was deposited when Onkareshwar Properties sold 3.5 acres to Sky Light in February 2008 revealed that the purchased stamp (serial number 748 dated January 28, 2002) of 45 lakhs was purchased for Sky Light through DS Yadav. “As per the record received from director, town and country planning, Onkareshwar Properties had submitted a sum of about 74 lakh through pay order dated January 3, 2008, on account of scrutiny fee. The licence fee amounting to about 5.61 crore was adjusted on the request of Onkareshwar Properties in favour of Sky Light. The real estate development licence has not been transferred in favour of DLF,” police record showed.

The licence granted to Sky Light was cancelled by director, town and country planning, on March 9, 2022.

In 2012, the licence to develop a commercial colony was transferred by Sky Light to DLF for 58 crore. A real estate development licence allows the holder to set up a colony for residential, commercial or industrial purposes.

The SIT has also served notice to Union Bank to inquire the status of cheques mentioned in the sale deed and statements of accounts related to Sky Light Hospitality and Sky Light Realty.

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