By Arun Pratap Singh
Dehradun, 13 Feb: Dehradun Police have registered a complaint against 16 ex-defence personnel over alleged illegal sale of land in Defence Colony, here, allegedly in violation of rules of the society. Even though some residents have been writing regularly to the SSP, Dehradun, in this regard it is claimed, it is only now that the Police have finally registered FIR and begun an inquiry.
The alleged irregularities involve the Sainik Cooperative Housing Society, which manages the Defence Colony.
A case in this respect is also before the Uttarakhand High Court, which had last heard the case on 21 October, last year, and had directed the District Administration, the Registrar of Societies, and Vice Chairman MDDA to resolve and dispose of the case within 3 to 4 weeks. More than 3 months, later, the MDDA is yet to hold any hearing in the case and the Registrar has also not taken any concrete action despite the clear directions issued by Uttarakhand High Court in this regard.
As per the allegations filed in the FIR, the original layout plan of the Society land has been manipulated, resulting in the creation of 726 plots instead of the approved 680 plots.
The FIR has been registered against 16 former defence personnel, all of whom are commissioned officers, in a land fraud case in Dehradun’s Defence Colony following a complaint filed on 9 February.
Some residents of the Colony have accused office- bearers of the Sainik Cooperative Housing Society Ltd of land fraud, criminal conspiracy, and forgery over the alleged illegal sale of open spaces in the colony. Nehru Colony SHO Sanjeet Kumar has confirmed the registration of the FIR. Under the FIR, the accused have been charged under sections 120B (criminal conspiracy), 420 (cheating), 467 (forgery), 468 (forgery for purpose of cheating), 471 (using as genuine a forged document) of IPC. He added that an investigation has been initiated.
According to the report, land reserved by the Cooperative Housing Society for open spaces, parks, and other community uses has been illegally plotted and sold.
Speaking to Garhwal Post, resident of the colony Lt Col Trijiwan Singh Payal (Retd) shared that in a serious breach of public trust, over 18,000 square metres of land designated for public use has been misappropriated. The FIR has been filed under various sections based on a complaint from Col Ramesh Prasad Singh (Retd), Lt Col Trijiwan Singh Payal (Retd), and Vijay Mohan Nath with Nehru Colony Police Station, all of whom are residents of Defence Colony, against 16 former defence personnel, most of whom are retired commissioned officers.
Speaking to Garhwal Post, Payal shared that The Sainik Sahkari Awas Samiti Limited was registered in 1967 under the Registrar of Cooperative Societies, Uttar Pradesh, Lucknow. The society was established to address the residential needs and welfare of soldiers, veterans, and their families. According to the report filed with the police, an initial layout plan for 680 plots was approved and validated by the UP Town and Planning Department in Lucknow on 13 December 1967.
It has been alleged that those managing the Society indulged in fraud and acting in an arbitrary manner, increased the number of plots to 726. As a result, more than 18,000 square metres of public land were plotted and sold. The number of plots has been increased by encroaching on the land earmarked as public land and open spaces.
He also claimed that in addition to selling open space land as residential plots, the society administrators also sold land to people without any military background though the society bylaws specifically prohibit this. Furthermore, these plots were sold at prices even lower than the circle rates, which indicates probable substantial financial gains for those who undertook this exercise. Additionally, the approval date of the layout was allegedly changed to show an incorrect sanction year, 1988 instead of 1986.
The police have registered cases against several retired military officers, including Colonel RS Kali (Retd), Veerabhan Singh, SM Gusain, RS Painyuli, and SL Painyuli, besides Captain TP Kundaliya (Retd), Lt Col AS Kandari (Retd), PS Rana, CP Sati, GS Bisht, SS Bisht, and SPS Negi. There are others too named in the complaint and these are Major MS Negi (Retd), Commandant SS Rawat (Retd), PO Warrant Officer VK Nautiyal, and Squadron Leader SS Bisht (Retd).
Payal claimed that the society’s original layout plan included 680 plots, with designated open spaces for parks, sports, and community activities. However, in 1986, officials allegedly manipulated records and submitted a fraudulent layout plan to the Mussoorie-Dehradun Development Authority (MDDA), increasing the number of plots to 726 by adding 46 illegal plots and that the MDDA also approved the layouts without verification. Over 100 plots, including land earmarked for public use, were allegedly illegally created and sold, benefiting multiple officials across different terms of chairpersons, vice-chairpersons, secretaries, and administrators of the society.
Speaking to this correspondent, TS Payal pointed out that the Society is a residuary trustee of open spaces and precludes the society from selling “Open Spaces”. Successive managements have carved 100 plots from illegally from “Open Spaces” and sold to gullible defence personnel of army, navy and air force as Additional Plots and such persons have constructed their houses. These houses are in severe danger of demolition on court orders as violation of sanctioned layout plans especially of “open spaces” is not permissible as per law of land. Society management has over a period of time also sold Additional Land adjacent to members’ residences and across Badripur Nullah even at 50 percent of circle rate to more than 150 members. There is a total restriction on sale and utilisation of open spaces for residential use and can be used only for resident’s members/public in general with due approval from prescribed authority MDDA/Town Planning Department. Even the government has no powers to rectify, modify or amend a Sanctioned Layout Plan.
Payal also quoted several judgements in this regard including a judgement of Madras High Court which had specifically mentioned that even the governments can’t change the bylaws of the society and can’t allow sale of open spaces and land earmarked as public space to individuals.
Other members of the society, not willing to be named, however, asserted that whatever has been done over the years was according to need and decided on democratically by elected members. They pointed out that there has been pressure from property dealers for quite some time to undo the ban on non-defence personnel acquiring property in the colony. Cases have been contested in this regard in the past and this would be done in the present case as well. The officials concerned and the courts would decide who is right and mere filing of an FIR did not indicate what is the truth.
