SC says land scams persistent issue, cancels pre-arrest bail of accused

Observing that land scams have been a “persistent situation” resulting in an erosion of “public belief”, the Supreme Courtroom on Friday cancelled the anticipatory bail of an individual who’s accused of making pretend paperwork to usurp land price greater than Rs 60 crore of an NRI couple.

A bench comprising justices Surya Kant and C T Ravikumar put aside a Might 31 order of the Punjab and Haryana Excessive Courtroom granting anticipatory bail to an individual accused of making pretend normal energy of lawyer (GPA) in 1996 to remove the land of NRI Pratibha Manchanda and her husband in a village at Gurugram.

“Land scams in India have been a persistent situation, involving fraudulent practices and unlawful actions associated to land acquisition, possession, and transactions. Scammers typically create pretend land titles, forge sale deeds, or manipulate land information to point out false possession or an encumbrance free standing,” the bench stated.

“Organised prison networks typically plan and execute these intricate scams, exploiting weak people and communities, and resorting to intimidation or threats to drive them to vacate their properties. These land scams not solely lead to monetary losses for people and traders but additionally disrupt improvement initiatives, erode public belief, and hinder socio-economic progress,” it stated.

It expanded the scope of the continued probe in an FIR lodged by the NRI couple and requested the Gurugram Police Commissioner to arrange an SIT headed by an officer, who is just not beneath the rank of a deputy superintendent of police, to conclude the probe in two months.

“Given the info and circumstances of this case, we increase the scope of inquiry in these proceedings and direct the Commissioner of Police, Gurugram to represent a Particular Investigation Staff (SIT) to be headed by an officer not beneath the rank of Dy. Superintendent of Police together with two Inspectors as its members,” it ordered.

“The SIT shall take over the investigation forthwith. The SIT shall have the freedom to topic Respondent No. 2, the vendee(s) (purchaser), the Sub Registrar/officers, or different suspects to custodial interrogation to reach at a particular conclusion, strictly in accordance with legislation,” the bench ordered.

The police commissioner can be personally liable for monitoring the day after day investigation, it stated.

The bench stated if the vendees and the officers of the registering authority have secured anticipatory bail from classes court docket or the excessive court docket, the SIT “shall be at liberty to hunt appropriate modifications to such orders in order that no obstacle is brought about in finishing up a good and free investigation”.

The highest court docket restrained the civil court docket, which is seized of a associated lawsuit on the problem, from passing any order which can impede the continued investigation.

“The Civil Courtroom shall not, from this level forth, go any such order in pending civil fits which can hamper the continued investigation,” it ordered.

The bench additionally ordered authorities in Delhi to increase full cooperation within the matter of verification of the genuineness of the GPA alleged to have been registered within the workplace of Sub Registrar, Kalkaji, New Delhi, in 1996.

In accordance with the plea, in search of cancellation of bail, the GPA was allegedly executed in 1996 and until date it has not been introduced earlier than any court docket or authority by the accused who claimed to buy the land by paying greater than Rs 6 crore to the NRI couple.

The couple stated they weren’t in India when the alleged transaction passed off and furthermore, they’ve obtained compensation from the federal government for part of the land which was acquired for a public function.

“We should take into account that the topic land is a chief property located within the Nationwide Capital Area. Even within the 12 months 1996, its worth will need to have been fairly important. The 2nd Respondent has thus far not been capable of present cost of any consideration to the appellants in 1996,” the bench stated whereas cancelling the bail.

The unique GPA is conspicuous by its absence, it stated, including, “We fail to grasp or comprehend as to how a bona fide purchaser may pay crores of rupees as sale consideration to an individual who neither possesses paperwork exhibiting possession and title nor has authentic GPA of the true proprietor(s) of the property being offered.”

The court docket additionally took notice of the truth that the sale deed was allegedly executed with out mentioning the PAN Quantity or with out deducting TDS, underlining the doubtful nature of this transaction.

“We’re equally intrigued on the behaviour of the registering authorities and their acceptance of the conveyance deed within the absence of those formalities being accomplished. The Sub-Registrar and his officers had been obligated to confirm the possession rights earlier than registration of the sale deed,” it stated.

In accordance with the the appellants’ declare, the prior authentic sale deeds of the land are nonetheless of their possession it stated.

The truth that the vendee agreed to pay such large sums of cash with out acquiring the unique information as of now casts a shadow over the legitimacy of the transaction, it stated.