How the Delhi government authorised ghost colonies

It was grand event at Delhi’s Chhatrasal stadium. On 4 October, 2010, Sonia Gandhi handed over provisional certificates of regularisation (PCR) to the residents of unauthorised colonies The idea was to give social security to more than 35 lakh people living in approximately 1,800 unauthorized colonies in the nation’s capital. In the process, the Sheila Dikshit government fulfilled a promise made before the 2008 assembly elections to voters, of which a sizeable chunk lives in such colonies. Through the scheme, the government was believed to have removed the sword of demolition perpetually hanging over the heads the residents of the illegal colonies. [caption id=“attachment_258566” align=“alignleft” width=“380” caption=“An empty plot of land issued a provisional certificate of regularisation despite having no unauthorised housing society on it. Firstpost/ Naresh Sharma”] [/caption] But the very authorities that were supposed to protect the rights of citizens turned the scheme into a scam, in connivance with land sharks and builder mafia. An inquiry report by revenue secretary Vijay Dev, a copy of which is with Firstpost, shows that Unauthorized Colonies Cell (UCC) of the state department of urban development did not scrutinise the eligibility criteria mentioned in the Delhi Development Authority  (DDA) regulations and issued certificates to colonies which did not exist. The scam could not have come at a worse time as Delhi is preparing for municipal council elections. “As a result virtually a carte- blanche was given to resident societies to submit whatever they liked and PCR were issued thereupon, without even bothering to find whether the proposal submitted by resident society is hit by fatal ineligibilities,” says the report. Firstpost visited three ghost colonies, one of which is a vacant plot worth Rs 500 crore. Since the launch of the scheme, UCC has received 1639 applications. It has issued cerificates to 1200 unauthorised colonies. Out of these, at least 40 colonies are ineligible for authorisation. Even we take a conservative estimate of Rs 100 crore per plot, it is a scam worth Rs 4,000 crore.. Here is how UCC along with various government bodies facilitated the PCR scam: Through a notification dated 24 March, 2008- seven months before assembly elections- the DDA issued rules for the regularisation of unauthorized colonies. It set a cut off date of 31 March, 2002, meaning that if a colony was not in existence on this date, the question of its regularisation did not arise. Also, colonies in which 50 per cent plots were not built on by 8 February 2007, were not eligible for authorisation. Before issuing PCR, the authorities did not check facts in the case of even one unauthorised colony and issued certificates in bulk. An aerial survey of 2002 available with UCC would have shown the ground situation. Once the residents society submitted the layout plan of the colony, the local body or Delhi Development Authority had to complete the scrutiny of the plan within two months. Within three months of the layout plan being submitted, concerned departments had to finalise the boundaries of identified colonies using satellite/ aerial survey images. A scrutiny of either of these criteria could have shown the anomalies. The inquiry report says that the government may proceed against various non- officials/ officials of various departments including those of Delhi Development Authority, Municipal Corporation of Delhi and government of national capital territory for their collusion with land- grabbers. However, the AK Walia, state minister for urban development, denied the charges. “Issuing of certificates does not mean that colonies were authorised. Concerned authorities had to do scrutiny. Only then actual authorisation would have taken place,”he said. BJP leader Ramvir Singh Bhiduri has filed a complaint on this issue in the office of Lokayukta. Based on his complaint, the Lokayukta issued a notice to Delhi government on 15 March asking whether issuance of PRC technically meant that the colonies would be authorised or whether it was merely acknowledgement of receipt of the applications and did not entitle any legal protection to the inhabitants. Case study one: Radha Krishna Vihar On paper: Radha Krishna Vihar in South Delhi is an unauthorised area in Kotla Mahigram village. The colony is spread over 15 bighas and 80 percent of the residents here are members of the residents welfare association. Radha Krishna Vihar has 10 inhabited plots measuring above 100 square meters, 31 inhabited plots of more than 250 square meters and 27 vacant plots. While applying for a regularization certificate, RWA members comprising Delhi BSP president Brahm Singh and his kith and kin, submitted a site plan of the colony which falls in the immediate vicinity of Apollo hospital and DLF mall. On August 18, 2008, UCC told the residents that the application had been scrutinized. They were issued with a regularization certificate bearing registration no. 1600 On ground: There was no habitation existing at the land at the time of the grant of PCR. Even now, the land is entirely bare. Land comprising khasra numbers 164, 168/2, 169 and 176, on which village Kotla Mahigram, exists on paper, is government land. At Rs 5 lakh per square meter, the plot is worth about Rs 500 crores. Case study two: Abul fazal Enclave Part II, Blocks G & H On paper: The unauthorised colony, spread over 27,980 meters, falls in Jasola village, South Delhi. There are around 100 plots. Out of these, ten are vacant plots. In October 2008, UCC informed the RWA (again, Brahm Singh’s family) that the colony was eligible and was given a registration number 1182. In October 2010, Sonia Gandhi handed over the PCR to the RWA members. On ground: There is not even a single permanent structure at this location. DDA took possession of vacant land in 2006 and therefore there was no possibility of even consideration of PCR. Case study three: Kotla Mahigram Extension On paper: In April 2008, one K M Goel, associate of Brahm Singh, approached UCC for authorisation of Kotla Mahigram extension- a colony on more than 5,900 square meters of land. As per the site plan submitted to UCC, the unauthorised colony falls on a 30 feet wide road which goes from Apollo Hospital to Kalindi Kunj. On October 13, 2008, UCC directed RWA president KM Goel to get the association registered with the Registrar of Societies and to submit certain supporting documents. But then within a week, without Goel submitting any documents that were demanded, the colony was granted a PCR. On ground: There is no colony called Kotla Mahigram Extension. Kotla Mahigram finds a mention in the revenue records, there was never an ‘extension’ of this village.