Atishi files report on complaint against Delhi’s chief secretary

The row began last Friday over a 19-acre parcel of land in Bamnoli village in southwest Delhi that the NHAI acquired in 2018

Vigilance minister Atishi on Tuesday submitted a preliminary probe report to chief minister Arvind Kejriwal over alleged irregularities in land acquisition for the Dwarka expressway, and said that the probe found Delhi chief secretary Naresh Kumar benefited a company linked to his son with over ₹850 crore of “illicit profits”.

Delhi vigilance minister Atishi (ANI)

In the 670-page report, the minister recommended the suspension of the chief secretary and divisional commissioner Ashwani Kumar so that they do not influence the probe along with an investigation into the case by the Central Bureau of Investigation (CBI), according to officials familiar with the matter.

Officials said the report also suggested a reference should be made to the Enforcement Directorate because there is a “possibility” of the alleged offences attracting the provisions of the Prevention of Money Laundering Act, 2002, and said a seizure of files related to the issue could be considered to prevent any tampering or destruction of evidence.

“A clear nexus has been found between Naresh Kumar, his son Karan Chauhan and the beneficiary landowners who were provided a windfall gain of ₹897.1 crores at the cost of public exchequer... a detailed report will be submitted to the CM within one week,” Atishi said in the report.

Kumar denied the charges and said he welcomed an investigation. “Let CBI/ED also investigate such conspiracy being done by vested interests, including public authorities, to malign me, against whom action has been taken by me, including removal from services/posts, suspension, referring cases to ED, CBI and Delhi Police with approval of the competent authorities for investigation,” Kumar said in a statement.

The office of lieutenant governor VK Saxena, to whom Kumar reports to, did not respond to requests for comment.

The row began last Friday over a 19-acre parcel of land in Bamnoli village in southwest Delhi that the National Highways Authority of India (NHAI) acquired in 2018. The then additional district magistrate fixed ₹41.52 crore as the compensation, according to officials. But in May this year during the arbitration process, southwest DM Hemant Kumar allegedly increased the compensation award to ₹353.79 crore, said the officials.

On June 26, the divisional commissioner referred the matter to the directorate of vigilance. On October 19, the Union home ministry transferred Hemant Kumar to the Andaman and Nicobar Islands. He was then suspended and the case was referred to CBI on October 20. On Friday, Kejriwal asked Atishi to probe a complaint he received on October 24 from a lawyer about alleged irregularities in land acquisition for the expressway and the suspected role of the chief secretary.

“Three successive DMs who heard the arbitration matter between February 2019 and June 2022 did not overturn the 2018 award. Within 40 days of Naresh Kumar becoming the chief secretary (April 2022), Hemant Kumar was posted as the DM, southwest district. This was done by the LG on the recommendation of the CS. In less than one year, Hemant Kumar overturned the 2018 award and increased it almost 22 times. The DOV (directorate of vigilance) inquiry into the excessive compensation by Hemant Kumar was not initiated suo-motu by the chief secretary or divisional commissioner but only after the issue was flagged by NHAI... the inquiry appears to be the consequence of the pressure arising out of the High Court petition, and reference by NHAI...,” Atishi said in the report.

Naresh Kumar hit back at the allegations. “If the landowners had purchased the land in 2015 at just 7% of the market rate, what was done by the CM, minister revenue, and minister vigilance and the officers concerned since 2015 till date? Whether there were any interests of these persons in such alleged undervalued sale/ purchase? It is not out of context to mention that government of India has already referred this case of passing awards by arbitrator Hemant Kumar to the CBI for investigations,” the chief secretary said.

On Monday, additional chief secretary Ashwani Kumar held a press conference and defended Naresh Kumar. “Character assassination of the chief secretary is being done, baseless and defamatory allegations are being levelled as part of dirty politics,” he said.

Atishi said in the report that Ashwani Kumar’s decision to defend the chief secretary at a stage when the investigation had just begun cast serious doubts on his ability to allow an impartial probe as well as his role in the transactions. In response, Ashwani Kumar said it was the minister who was “colluding” with wrong-doers. “The facts, which are a matter of record, have been well-explained to media,” he said, referring to the press conference he held a day ago.