IAS officer Ashok Khemka has alleged that the Haryana government granted a commercial colony developer licence to Robert Vadras firm for a piece of land in Gurgaon though possession had already been transferred to the DLF.
In his reply to the inquiry committee looking into the Vadra-DLF deal,Khemka has claimed loss of revenue in the form of stamp duty due to non-registration of the Collaboration Agreement signed between Sky Light Hospitality Ltd and DLF Retail Developers (later called DLF Universal Ltd).
Khemka claimed that the Collaboration Agreement dated August 5,2008 was compulsorily registerable under sections 17(1)(b),17(1)(c) and 17 (1A) of the Registration Act,1908. By entertaining applications from M/s DLF Retail Developers Ltd on behalf of M/s Sky Light Hospitality on the basis of Collaboration Agreement,for the grant,renewal and permission to transfer the licence on the said land,the Department of Town and Country Planning (DTCP) aided and abetted the loss of crores of rupees as revenue to the state exchequer. Entertaining the applications from M/s DLF Retail Developers for grant,renewal and transfer of the licence was a gross illegality as per the provisions of Section 49 of the Registration Act.
Clause 3(a) of the Collaboration Agreement expressly records that the landowner has handed over possession of the said land and the developer has taken possession of the said land, Khemkas report said.
After signing the Collaboration Agreement whereby Vadras company transferred the possession of land measuring 3.5 acres in village Shikhopur,Gurgaon,to DLF Retail Developers Ltd,one Devinder Singh,the authorised signatory of DLF Retail Detail Developers Ltd,submitted two applications dated August 21,2008 and September 24,2008 to the DTCP for grant of commercial licence to develop 2.701 acres out of the 3.5 acres of land,Khemka wrote in his report.
The same Devinder Singh is also the special power of attorney holder of M/s Sky Light Hospitality Pvt Ltd in the same communications. The paradox that this embodies is that M/s DLF Retail Developers and M/s Sky Light Hospitality Pvt Ltd are the two parties between whom the Collaboration Agreement dated August 5,2008 was executed, the report stated.
When the company could not get licence on the previous two applications,another application was filed for grant of commercial licence on November 18,2008. This time,the DTCP granted a commercial colony developer licence to Sky Light Hospitality Ltd on December 15,2008 that was valid up to December 14,2010,even though the possession of land was transferred to M/s DLF Retail Developers and the provisions of Section 53A of the Transfer of Property Act regarding possessory rights in favour of the transferee company and against the transferor company were attracted. This proves that all transactions entered into by M/s Sky Light Hospitality were sham,the report stated.
Slamming the DTCP,the report said,It was known all along to the DTCP that the actual developer of the colony would be M/s DLF Retail Developers and the routing of the transaction through M/s Sky Light Hospitality was a subterfuge to remit part premium,in white,accruing on the account of the state largesse in granting commercial colony licence,into the accounts of M/s Sky Light Hospitality Private Limited.