Ashok Khemka, the Haryana IAS officer who cancelled a land deal - TopicsExpress



          

Ashok Khemka, the Haryana IAS officer who cancelled a land deal mutation between Robert Vadra and real estate giant DLF Universal Ltd last October, has told the Haryana government that Mr. Vadra falsified documents and executed a series of sham transactions for 3.53 acres land in Shikohpur village of Gurgaon, thereby pocketing a hefty premium on a commercial colony licence through money that he could account for. Mr. Vadra, who is Congress president Sonia Gandhi’s son-in-law, was favoured and aided in making these ‘sham transactions’ by Haryana’s Department of Town and Country Planning (DTCP), alleges Mr. Khemka, accusing the department of ignoring rules and regulations “to allow crony capitalists operating as middlemen to flourish and appropriate [the] market premium of a licence.” He has made these assertions in a 100-page reply to a report of a three-member enquiry committee set up by the Haryana government last October to look into the Vadra-DLF deal. The committee had indicted Mr. Khemka for cancelling the deal. Mr. Khemka’s reply, submitted on May 21 and accessed by The Hindu, has been put together with the help of publicly available documents and his own findings, after the government stonewalled his efforts to get the official documents concerning the sale, issue and transfer of the license to DLF. Though nearly three months have elapsed since his reply was submitted, Haryana Chief Secretary P.K. Chaudhary told The Hindu that Mr. Khemka’s “voluminous reply is being examined and the points raised by him are being looked into.” Mr. Khemka states that both the sale deed of February 12, 2008 — through which Mr. Vadra’s company, Skylight Hospitality, bought the land from Onkareshwar Properties — and the letter of intent for granting a commercial licence to his company issued by the DTCP in March 2008 are sham transactions, executed only to enable Mr. Vadra to collect market premium accruing to him due to state largesse. “If there was no payment as alleged in the registered deed, can it be said that the registered deed conferred ownership title over the said land upon Skylight Hospitality by virtue of the sham sale?” he asks. The law defines “sale” as a transfer of ownership in exchange for a price paid or promised or part-paid and part promised. Mr. Khemka notes that “there was no promise to pay in the future in the registered deed. No price was paid as claimed in the registered deed … The “sale” registered in the said deed cannot, therefore, be called a “sale” in the true sense of the term, legal or moral, and it cannot be said that Skylight Hospitality became owner of the land in question by virtue of the “sale” registered in [the] deed.” According to Section 82 of the Registration Act, 1908, the penalty for making false statements, delivering false copies or translations, false personation, and abetment is punishable with imprisonment up to 7 years, he notes. thehindu/news/national/vadra-used-falsied-documents-sham-transactions-to-collect-premium-on-land-deal/article5007610.ece
Posted on: Sat, 10 Aug 2013 04:01:00 +0000

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