Garhwal Post Bureau
Dehradun, 15 Dec: Citizens must verify all property-related details thoroughly before buying land or a flat, as there is no mechanism through which the police can guarantee immediate or conditional justice once a real estate fraud has taken place. Attractive promises made by builders or brokers should not be taken at face value, and due diligence before any transaction is the major real safeguard for buyers.
These observations were made by Dehradun Senior Superintendent of Police (SSP) Ajai Singh during a session titled “Builders, Brokers and Betrayal: Protecting Citizens from Real Estate Scams” at the Crime Literature Festival held at Hyatt Centric, Dehradun. The session was moderated by social activist and founder of Dehradun based SDC Foundation, Anoop Nautiyal, who raised a series of pointed questions on the rising instances of property fraud, the difficulties faced by victims in securing justice and the need for having preventive systems in place.
Responding to concerns on why police action often fails to meet public expectations, SSP Ajai Singh explained that in most property fraud cases the prescribed punishment is less than seven years. As a result, arrest is often not legally permissible, and even when arrests are made, accused persons usually secure bail within a short time. This severely limits the ability of the police to deliver quick relief to victims.
He pointed out that a large number of people fall into traps because they do not verify property documents properly and rely on informal arrangements. In many cases, buyers enter into transactions worth crores of rupees on the basis of Rs 100 stamp papers, which provide very limited legal protection. Such documents make it extremely difficult for courts and the police to build strong cases against the accused.
Ajai Singh stressed that verification with government departments and the Real Estate Regulatory Authority (RERA) before purchase is essential. According to him, nearly 90 percent of victims of property fraud have not carried out any meaningful research or verification prior to investing. He also noted that registered agreements, instead of informal stamp paper arrangements, significantly strengthen the position of buyers in legal proceedings.
Another important aspect highlighted during the discussion was the need for buyers to examine the financial background of a project, including the source of funds used by builders. Understanding where the money is coming from and whether approvals are genuine can prevent citizens from investing in illegal or risky projects.
Explaining the difference between individual property frauds and organised land-related crimes, Ajai Singh referred to cases involving large-scale forgery of land records, where land classification was illegally altered through fabricated documents. He cited instances where Dehradun, being part of the Saharanpur revenue district earlier, was exploited through forged records to convert one category of land into another. In such organised crimes, police acted swiftly, as seen in the registry scam cases where multiple FIRs were filed and several accused were sent to jail.
However, he clarified that when fraud occurs at an individual level, the available legal provisions are much weaker. Under the Bharatiya Nyaya Sanhita, provisions such as Section 318 prescribe relatively mild punishment, making it difficult to ensure deterrence. In cases where accused persons flee abroad after committing fraud, recovering money for the complainant becomes challenging.
When asked why property fraud accused who flee abroad cannot be pursued internationally in the same manner as accused in major criminal cases, SSP Singh explained that there is a fundamental difference between crimes involving loss of life and financial fraud. In cases like major fire tragedies, foreign governments cooperate due to the gravity of the offence. In individual property fraud cases, Indian law itself often does not permit immediate arrest, making international cooperation unrealistic.
Ajai Singh informed that on an average there were 35,000 to 36,000 annual registries taking place in Dehradun. Seen proportionally, the number of real estate frauds was relatively low in Dehradun.
The session saw active participation from the audience, with questions on illegal encroachments on legally owned land and the environmental damage caused by unchecked real estate development. Concerns were raised about deviations between sanctioned building plans and actual construction on the ground, FAR violations and escape through the compounding process.
Anoop Nautiyal shared inputs based on public feedback received through social media, highlighting how approved building maps are frequently violated and land records manipulated through collusion. He noted that while around 576 projects have received RERA approval in Uttarakhand so far, less than 500 brokers are registered with RERA, pointing to serious gaps in regulation and compliance.
The discussion concluded with a shared emphasis on prevention over cure, stronger inter-departmental coordination, and greater public awareness as the most effective tools to protect citizens from real estate scams in Dehradun and Uttarakhand.
