Citizens Beware: A Delhi resident recounts his encounter with the land mafia
K Das, a resident of Delhi has been fighting with the land mafia which had trapped him in a false case, and the police which apparently demanded a bribe for letting him go free.
Mr Das tells his experiences in his own words:
When Smt. Mohsina Kidwai was the union minister for urban development, I applied for a plot of land as an East Pakistan displaced person as there is a provision in law, under which the central govt under its discretion can allot land to displaced persons from the erstwhile East/West pakistan. A similar allotment in bulk was done earlier when hundreds of refugees were given land in CR Park, South Delhi. Twice such allotments were done in the past. As there were many aspirants who were left behind as the number of plots were less than the number of applicants, many had approached the ministry from time to time. I too thought in the same manner and had approached the then minister, Smt. Mohsina Kidwai, Except for an acknowledgement from the minister there was no further response, either from the ministry nor from the land owning agency (Delhi Development Authority or DDA. There was complete lull, for almost two decades.
One fine morning, a person known to me Mr G contacted me and asked me if I had ever applied for a plot of land. I was surprised when he informed me that I was allotted a plot of land in CR Park area by the DDA. He further told me that the allotment was lying in the files of DDA as there was a mistake of “double allotment” (one plot allotted to two persons).
Now, as the other applicant had died, the plot could then be allotted in my name. I did not suspect him but even then I did not agree to take possession/accept allotment as I was told that DDA officials have to be bribed for completing the formalities. And, for that I have to spend about Rs.7 lakhs. I was against bribing officials. I said I have no money for that purpose. Mr. G gave me an address in CR Park and requested me to visit for a discussion on the subject as he would see that I don’t have to spend on the plot.
I visited that address, which belonged to one Mr. S having a real estate business. Apart from Mr G, I also met Mr. Ravi Kapur.
I was told about the allotment and, when I insisted that I must visit the DDA office to get hold of the allotment letter, etc., I was cautioned and discouraged to visit the office as I was made to understand that since the allotment was being done secretly to avoid the family members of the other applicant (who, I was told, was dead) who might too claim the plot. I was told by the trio that my allotment letter and other documents would be delivered in the office of Mr. S as money was being paid to the officials.
The scheme I was being offered was this. 7 lakhs – towards expenses to be spent and the plot would then be allotted to me. In lieu of all the expenses and getting the work done from DDA officials, the trio wanted to have a joint venture with me.
I agreed to the proposal as I was told (verbally) that I would be given one ready floor of my choice and about 35 lakhs. I was happy and satisfied with the proposal offered.
In about a month, I was summoned to the office of Mr. S and was introduced to a few persons said to be officials from DDA (I saw them for the first and last time). They were carrying official DDA files which contained the allotment letter in my name, possession letter and lease contract form. I was made to sign the first two documents in duplicate and the lease form. The first two letters ( supposed to be my original plot documents ) were taken away by Mr S as he said, the papers were required for further activities like approval of plans prepared by the architect, other permissions to go ahead with the construction, etc. I thought it was quite natural. And I agreed to his version. After a few days – I was taken to an architect to sign the drawings which were to be submitted to the municipality for approval, which I did.
Then, suddenly, one morning I was asked to sign a few papers which mentioned. Mr G as a buyer of my plot (terms remaining the same as offered to me initially) which I signed. As, I was told, that Mr G has agreed to invest in the project.
One fine morning, i again got a call from Mr S who asked me to visit his office and, it was important. I reached his office where, I was told that Mr G has backed out and they have brought in another person one Mr. Mittal – a business man in New Delhi and who are buyers of expensive properties.
Soon, the papers were given to me on the table for signing. I asked for a day’s time to go through the contents but, I was stopped by Mr S and Mittal – they said those were agreement papers and prepared as per the standard legal language as is required while buying and registering a property.
I started reading the papers there and then but, again, I was stopped as they said that we have to reach the court within 30 minutes to complete the registration process and they headed for the court with me on 7th of April, 2008. On reaching the court I asked Mittal if he has cross checked the genuineness of the original documents with the authorities concerned.
He replied that everything has been done and they were professional buyers and deal in big properties costing much much more than the price of this land. So, I had absolutely no doubt about its genuineness more so, because I had not spent a single penny and, those who were spending crores of rupees should have been much more concerned and, when they are satisfied why should I be doubtful about its genuineness ? All the registration formalities were done. The cost of the property was shown as Rs.1.5 cr. Of the total amount, there were three demand drafts for a total of Rs 29 lakhs: one each of Rs.7 lakhs – in favour of myself and others. All the DD’s were given to Mr.S. One of the DD was in favour of Ravi Kapur. And he and Mr.G were made witnesses to the deed, which was registered at the office of the Sub-registrar.
On return from the court, Mr. S handed over to me the DD of Rs.7 lakhs and asked me to deposit in my bank account and, after encashment, pay him back whenever he required money since he had spent to bribe the DDA officials for allotment formalities of the said plot of land. From time to time i paid back the money to Mr.S whenever he demanded.
Surprisingly, Mittal (the buyer) did not start construction on the said plot land and the land remained vacant for almost two years. I tried to meet Mittal at the given address (on the documents) but could not locate him or his office there. Then I went to check with Mr S but, I was shocked, to see that he too was missing. I then went to my common contact Mr G. He did not sound right.. I immediately sent a written complaint to the sub registrar (Mehrauli court) and the land owning agency (DDA) about the possible anomalies in the land allotment/registration, on 15th of feb., 2010. The complaints were sent by speed post. But, till date, i have not heard from them.
Sometime later Mr G took me to the crime branch office (located at police station CR Park, south Delhi) and introduced me to the police officials there, I narrated the whole matter to the inspector – who, then asked for a similar complaint letter for police records for investigation purpose, which was handed over personally the next day.
On 20th of April, Mittal, on behalf of his company, lodged a police complaint with police station at CR Park accusing Mr S, myself, Mr G and Ravi Kapur of conspiracy and cheating resulting in a loss of rs.1.5 cr to his company. The complainant, in my case, Mr. Ashok Mittal too is a part and parcel of this gang - he became a complainant when he found that the ploy was defective and whatever little money he had "invested" was lost, solely because of the fault or cleverness of Mr. S.
The police had started investigation the case and, in 2011, I was summoned me to the police station for interrogation. I gave him the actual story and told him the fact that I never knew of their conspiracy. The inspector gave me an account of his investigation where he claimed that his investigation has surfaced the truth that I was innocent but was trapped by the kingpin of the land mafia – Mr S (having a large number of criminal cases pending in a number of courts in Delhi and outside). Day after day I had to visit the police station to meet the official to answer his queries. Initially he was soft and generous but rapidly he changed his attitude. He became rude within a week and asked me for money – he started pressurising me for the 7 lakhs (the dd amount).
I repeatedly told him that Mr S had part by part taken away the whole amount and may be some more. But, the policemen insisted that I give him a few lakhs as he believed that I have been given a share of the booty collected by Mr S. He divulged the fact that a number of policemen benefited from such land scams but he got nothing. The official took away my cell phone, cash and all other items i carried in my pocket. I was under arrest. I was not allowed to make any phone call. I was not even allowed to contact a lawyer or any senior police officer. My repeated pleas to allow me a day’s time to enable me to get legal help was not considered. I was sent into the police lock-up for the night.
The next morning i was bundled into the police jeep and taken away for computer recording of my details. I was produced before the area sessions judge who in a one line order sent me to judicial custody (to Tihar central jail, Delhi). I was there for about 4 months.
The kingpin (as claimed by the police) Mr S too was sent to the jail. Although I appeared in the court at least for 5-6 times, the police always opposed my bail plea. The police was more eager to help Mr S. Even in prison, the officials were too eager to help Mr S. The police took more than 3 months to present the charge sheet. And, on 18th april, i was granted bail with the condition that I would deposit Rs.7 lakhs in court’s treasury. I was totally bankrupt….but with the help of my relatives and friends i gathered the amount and deposited in two instalments with the treasury.
As the complainant could not submit the original documents as he claimed that the same were lost / stolen/misplaced, further investigation seems to have slowed down. The trial is still going on at the saket district courts, south delhi – i am being grilled since my innocence helped the land grabbers trap me to their benefit.
Modus operandi of the land grabbers :
If they locate a vacant land lying unattended for a considerable period they would find out the reason for leaving the land vacant from the concerned land authority. If they find the owner away or some problem in the allotment, they would then locate a person (to present him as the owner). While locating the person, they keep in mind the features – the man should look like one who can be an owner of such a property, should have some popularity in the area so that people have faith and belief in him (for easy selling). Thereafter the gang would get hold of photo/xerox copies of the official documents (with the help of some overzealous officials of the landowning agency – who are befriended). Then documents such as allotment letter, possession letter, lease document etc., are prepared with the help of the officials in the name of the person (they have located) – scapegoat, to make him/her the owner.
Once the documents are ready, they look for a gullible buyer. The property is offered at 30-40% less a price then the actual market price – citing reasons like, the owner is leaving India or already has left India and has little interest in a property here or, the seller is in urgent need of money as someone in the family is on death bed and the need is for hospital expenses, etc. The gullible customer unable to understand the ploy – gives in and later finds the deal fictitious/ false. When the police complaint is made, the police arrests the “seller” – the innocent “owner”- trapped by the gang for their gain. The money collected by the from such deals is shared by the gang members, the local police, the officials of the land owning agency, the investigating agency i.o. Etc.
But, the sufferer is the buyer – who loses money and, the trapped guy who was presented as the seller by the gang. The police help the gang members to get away from the case and loads the charge sheet with allegations/evidences against the innocent seller who often gets a good and lengthy jail term. The gang members are mostly acquitted.
In my case: I got trapped since I had actually approached the ministry for a plot of land and, when Mr G informed me of the double allotment – I did not doubt his version as, such things happen here in Delhi. Secondly, all documents had my name, etc. And, they were shown to me by the officials of the land owning agency (DDA) although at the office of S.
I never doubted anything going wrong. Further, the persons who were spending such huge amount and are professionals surely must have gone through the genuineness of the allotment, etc., before agreeing to buy: so, i never doubted. At last, when I smelled something was amiss, I intimated all concerned – that proves my innocence – but officials remained unmoved.
The police too ignored my complaint. The police, during the course of investigation found that i was trapped and I had no knowledge of the gang’s ulterior motive, even then accused me of conspiracy, cheating, etc. All sections added to stop/oppose the granting of bail. I got no money from the so called booty collection but wanted me to bring out the big amount to them. As i had no money to grease their palm i was sent to jail for four months.
A detailed version of the report with the full names of the officials and the people involved is being sent to the Vigilance commission for further action.
Image Courtesy: newzstreet.com