Delhi High Court Seeks DDA’s Stand On CBI Probe Into Allotment Of Properties Based On Forged Recommendation Letters

The Delhi High Court has sought stand of the Delhi Development Authority (DDA) as to whether the matter of allotment of 128 properties, on prime locations in the national capital, based on “forged recommendation letters” by Land and Building Department be referred for further investigation to Central Bureau of Investigation (CBI).

Justice Prathiba M Singh said that the value of the properties, even at an average price, would be in thousands of crores, and that the total value even by conservative estimates could be over Rs. 2000 crores.

“Thus, there are at least 113 properties located in Saket, Safdarjung, Pitampura, Shalimar Bagh, Friends Colony, Masjid Moth and other prime locations. The said plots exceed 100 sq. yards, with some plots spanning more than 300 sq. mtrs., 500 s. mtrs. and so on. Such plots are extremely valuable and the price of each plot would run into crores,” the court said.

Justice Singh said that the DDA should continue with action to withdraw the allotments and taking possession of the properties underlying forged recommendation letters. 

However, the court added that the erring officials and beneficiaries of the allotments should not be allowed to escape without consequences for having relied upon forged letters.

“On the next date of hearing, ld. Counsel to make the submissions as to why this entire matter ought not to be referred to the Central Bureau of Investigation (CBI) for further investigation and inquiry to proceed in accordance with law, or whether the investigation in the present matter should be continued by the EOW, Delhi Police,” the court said.

It also directed the DDA to immediately issue instructions to the concerned Sub-Registrars giving the complete list of the 128 properties, to ensure that no further third-party interest is created.

The court said that no further sale should be permitted in respect of the properties in question.

Justice Singh was hearing a plea moved by one Govind Saran Sharma seeking execution of the conveyance deed or title documents regarding one of the properties. It was the DDA’s stand that between 1978 to 1982, a list of 128 recommendations were received from the L&BD which were obtained by malpractice, on the basis of which some plots were allotted.

Out of the 128 properties, no allotments were made in 53 cases as L&BD’s letters of recommendation were forged, records were not traceable for 42 cases and in 33 cases, allotment letters were withdrawn. While possession of properties were taken in some cases, letters were also sent to L&BD to ascertain the genuineness of the recommendation letters in other cases.

Noting that vigilance inquiry was also ordered by the DDA, the court said that none of the authorities have taken any earnest action in respect of such a serious matter.

“The L&BD is stated to have referred this matter to the Vigilance Department, Delhi Administration, DCP, Anti-Corruption. However, it appears that the L&BD did not follow up on the Vigilance Department's inquiry, and there is nothing on record indicating whether any action was taken following this referral,” the court said.

It added: “Considering the gamut of issues and authorities involved, there has been no follow-up by either the L&BD, GNCTD or the DDA. The MoHUA has also not taken any action despite two orders from this Court. The value of these properties, even at an average price, would be in thousands of crores, as it involves a total of 166 properties out of which it is stated by DDA that 53 recommendations did not result in allotments.”

Title: GOVIND SARAN SHARMA v. DELHI DEVELOPMENT AUTHORITY AND ANR.

Citation: 2023 LiveLaw (Del) 1111

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