Intelligent
Haryana News Research team investigated and analyzed the information
received under Right to information Act and from its sources regarding
huge loss to public exchequer by not publishing government notification
for last 12 months for best reasons known to senior Bureaucrats heading
the most lucrative department of present Haryana Government,” The Town
and country Planning Department”.
Copies
of information with IHN research team revealed that even after all
approvals and permissions from top level, Chief Minister Office to the
state law department the notification to declare Luhari Village land as a
controlled area is being withheld by department since December 14, 2011
to till date.
Due
to this act of omissions committed by then Director General of Town and
country planning department, Mr. T C Gupta, IAS and his team has caused
loss of thousands cores of rupees to the state exchequer as the village
Luhari has around five thousand acres land under its jurisdiction,
which as per this Haryana government gazette notification was to be
notified as controlled area and could fetch license fee, conversion fee
and Change in land use fee amounting over thousands crore to public
exchequer.
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Land Details
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District
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झज्जर
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Tehsil
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झज्जर
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Village
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लुहारी
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Jamabandi
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2005-2006
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Land Detail
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Total Patti
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5
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Total Khasras
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5385
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Total Kanal
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31329
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Total Marla
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16
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The
private real estate companies like the Oris Infrastructure Private
Limited, Bluestar Buildcon Private Limited and some others have
purchased huge chunk of Land in Village by taking advantage given by
Town and country planning department.
These
companies are developing private colonies and big warehouses by evading
license fee, conversion fee and Change in land use fee amounting over
thousands crores and many more are in queue to join this Public
exchequer loot offer by the department whose primary job is to plan town
and country side of Haryana.
The
story of Public Money loot begins with Meeting of Mr. Harish Mehta,
Director of Dutch Haryana Business Consortium with then Director
General, Town and country Planning Department, Mr. T C Gupta on April
21, 2011 which reveals the true tale of working of Town and country
planning department.
Mr.
Harish Mehta, Director (India Affairs) of Dutch Haryana Business
Consortium, a company who had remained in news for developing 500 acres
European Technology Park in eco sensitive zone of Aravali Hills courtesy
Haryana State Industrial Infrastructure Development had met then
Director General, and submitted his written proposal for developing a
residential project of 300 acres in Village Luhari.
After
receiving proposal from Mr. Harish Mehta, Mr. Gupta sought status of
land in question. The department officers intimated Director General
(TCP) that the land on which Mr. Mehta desired to develop a residential
project falls under No Objection Certificate zone (means person requires
no permission from government to develop the area).
On
May 23, 2011, Chief Coordination Planner (NCR) ordered telephonically,
District Town Planner, Jhajjar to send a proposal to declare Village
Lohari land a controlled area immediately.
In
Response to above, Senior Town Planner (Rohtak) vide his official
letter number 1746 dated 30/06/2011 recommended and sent proposal
prepared by DTP Jhajjar regarding declaration of Village Luhari land as
controlled area which was examined at Director General office for more
than one month.
On
August 11, 2011, CCP (NCR) Mr. BBL Kaushik opined on proposal that, “As
per proposal received from DTP Jhajjar the proposed controlled area
(village Luhari controlled area) is located near the boundary of
district Gurgaon on Gurgaon-Pataudi Road. The area is more prone to
unauthorized constructions. Therefore, looking its location and nearness
to Gurgaon if agree the controlled area proposal along with schedule of
boundary (Hindi and English version) submitted for obtaining
in-principle approval of the Government Please.”
After
reviewing the opinion of his CCP (NCR) for 19 days then Director
General Mr. T C Gupta agreed on proposal to declare entire revenue
estate of village Luhari as controlled area and signed the proposal, and
sent the file to the then Financial Commissioner, Mr. Sandeep Singh
Dhillon to get government in-principle approval, who after three days of
receiving the proposal, sent file to Rao Dan Singh, Chief Parliamentary
Secretary (Town and Country Planning & Education).
Rao
Dan Singh, who is considered close to Chief Minister, took 16 days to
send file to Chief Minister Office, where it was got Chief Minister’s
Approval (Mr. Chattar Singh, Principal Secretary to Chief Minister,
signed on behalf of CM) in just two days, as they were waiting for this?
Then
Director General Office asked DTP Jhajjar to send original draft of
controlled area Luhari which it had received by November 23, 2011, and
draft proposal was sent to Office of Legal Rememberer and Secretary, Law department for vetting through office of Financial Commissioner Office on November 28, 2011.
The Law department vetted the draft notification under sub section(1) of section 4 of the Punjab Scheduled Roads and Controlled Areas
Restriction of Unregulated Development Act 1963(Punjab Act 41 of
1963),(Hindi and English) submitted by Town and Country planning
department, and sent back the draft notification to department for
further necessary action on December 2, 2011.
The
Journey of declaring village Luhari Land as controlled area, which had
started with proposal of Mr. Harish Mehta of Dutch Haryana Business
Consortium (DHBC) to develop a Residential Project in Village Luhari,
seem to be completed but all of sudden something extraordinary has
happened which lured or forced then Director General Mr. T C Gupta to
withheld the approved file which was ready for publication by controller
Printing and Stationary Department, Haryana on 17.12.2011,Mr. Gupta
instead of ordering printing of notification in government gazette put query on file by Asking the
percentage of control area in the district after addition of this new
control area, which he should have asked before taking approval from
government( Chief Minister Office).
Sensing
the hostile mood of her boss the then DTP (NCR) Mrs. Gurmeet Kaur asked
DTP Jhajjar to send information sought by Mr. Gupta immediately.
As
soon as DTP (NCR) sought information asked by DGTCP the whole
department including STP (Rohtak) and DTP Jhajjar who were earlier
wholeheartedly working for converting the village Luhari land as
controlled area took U-turn and started working to create hurdles in
executing the same by lamenting shortage of staff due to which they
could not monitor Jhajjar district controlled area.
When
IHN Research Team visited Luhari village to gauge the field reality of
area under question, the team found huge construction activities in
area.
Village
Luhari Sarpanch, Mr.Bir Singh while taking to IHN team expressed his
ignorance about the move of District Town Planner to declare his Village
entire land as a controlled area, which is very strange and serious
lapse in part of Town and country planning department that did not
thought to consult Village panchayat whose entire land it was going to
declare as controlled.
Mr.
Ravi Sharma, a prominent lawyer, Punjab and Haryana High Court while
taking to IHN stated that article 243D of constitution of India makes
mandatory role of Panchayats and PRIs representatives in district
planning, and not involving them while planning for their own village is
a gross violation of Constitution of India.
Further,
investigation revealed that Town and country planning department had
not only kept the move to declare Luhari village as controlled area
secret from Village Sarpanch but also from deputy commissioner of
Jhajjar , who while writing D O number 87/PA dated 13/2/2012 to then
Financial commissioner (Town and Country planning Department), Mr.
Sandeep Singh Dhillon(Instead of Director General) to approve the
proposal of District Town Planner, Jhajjar dully recommended by Senior
Town Planner, Rohtak to declare land of Village Dulina,Khiloi Khass,
Shojipur and Aurangpur vide memo number 2933 dated 15.12.2011 did not
mentioned the proposal of Village Luhari land which was pending with
DGTCP office earlier than mentioned above villages situated on State
Highway number 15A.
Last
not the least a democratic government is a tool for Public welfare and
Public exchequer is source for doing the same, every part and parcel of a
democratically elected government should work in accordance to law
established while spending or earning public exchequer in public
interest. But this basic fundamental of a welfare state is not being
followed by Government of Haryana, as procedures established have been
often bent to favour someone Special at the huge cost of several crores
rupee to public exchequer.
Apart
from huge loss to public exchequer, the IHN research raises serious
question over the manner in which then director and his team used Chief
Minister Office and Law department as their rubber stamp to get Approval
of their half baked proposal to declare Luhari village land as
controlled area and set aside their approval like waste papers once
their motive fulfilled.
This
is also a mockery of present Indian democratic form governance and
Constitution of India rightly pointed out by High Court lawyer Mr. Ravi
Sharma.
In
Part-II of this Research News, IHN will Publish why and how the Town
and Country Planning Department, Haryana is withholding publication of
Government notification to declare Luhari Village as a controlled area
for one year along with of Village Dulina, Khiloi Khass, Shojipur and
Aurangpur and who are the main beneficiaries of these acts of omissions
committed by the department.
Source :Intelligent Haryana News
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