Supreme Court Orders SIT into Land Scam Targeting Elderly NRI Couple in Gurugram

The Supreme Court has recently issued a significant directive, instructing the Commissioner of Police, Gurugram, to establish a Special Investigation Team (SIT) to conduct a thorough investigation into a land scam that allegedly involved officials at the office of land Registering Authorities and other accused individuals. The Apex Court has made it clear that the Commissioner of Police, Gurugram, will personally oversee the day-to-day progress of the investigation.

SIT Formation and Expanded Scope of Inquiry

Headed by an officer not below the rank of Deputy Superintendent of Police (DySP), the SIT will consist of two inspectors as its members. The Supreme Court has granted the SIT the liberty to subject both the accused persons and the officers at the Sub-Registrar's office to custodial investigation, thereby expanding the scope of the inquiry. Additionally, the SIT has been given the freedom to seek modification of the Trial Court/High Court order that granted anticipatory bail to those implicated in the ongoing matter. The Court has set a deadline of two months for the SIT to conclude the investigation.

Cooperation and Verification

The Supreme Court has directed the authorities of the National Capital Territory of Delhi (NCT) to cooperate fully in the verification process of an allegedly forged General Power of Attorney (GPA) registered at the office of the Sub Registrar in Kalkaji, New Delhi, back in 1996. This step aims to ensure a comprehensive examination of the fraudulent activities surrounding the land scam.

Court's Prima Facie Opinion and Concerns

Based on the presented facts, the Supreme Court has expressed its prima facie opinion that the accused parties who sold the concerned property, the buyers, and the Sub-Registrar have lacked conviction in their submissions. The Court has further indicated that they appear to be acting in concert with the intention to defraud the original landowners, who happen to be an elderly NRI couple. In light of this, the Court has highlighted the crucial role of the judiciary and the state in cases where victims, due to factors such as advanced age and geographical distance, are unable to secure justice independently. The Court has emphasized the responsibility to counter injustice and uphold the faith of all in the rule of law.

Addressing Land Scams in India

The Supreme Court has also taken note of the persisting issue of land scams in India. It has recognized that such scams not only result in financial losses for individuals and investors but also disrupt development projects, erode public trust, and impede socio-economic progress. The Court has stressed the importance of an unimpeded investigation to expose any involvement of the land mafia, if present, in order to address this pressing issue effectively.

Background of the Case

The land scam revolves around a prime property located in Gurugram. The owners of the property allege that their land was unlawfully mutated at the Sub-Registrar's office in Kadipur, Gurugram, in the name of another person. This mutation was carried out based on a forged and fabricated sale deed, which was executed using a forged General Power of Attorney (GPA) registered at the Sub-Registrar's office in Kalkaji, Delhi. The owners assert that the accused parties, in collusion with other officials at the Sub-Registrar's office, orchestrated this fraudulent scheme. Consequently, an FIR was registered at the Badshahpur Police Station in Gurugram, leading to the initiation of the investigation.

Court's Observations and Questioning of Registering Authorities

The Supreme Court has expressed concerns and questioned the conduct of the officials at the Sub-Registrar's office. It noted that the GPA has yet to be recovered, and discrepancies arise from its registration in Kalkaji despite the land being situated in Gurugram. Furthermore, no location of the original document is available, and the ownership of the land in revenue records has been acquired by the government, with compensation received by the original landowners. The Court has observed that the accused parties did not object to the original owners receiving compensation at the time, nor did they assert their title over the property. The Court has raised doubts about the verification process of the 1996 GPA conducted by the Sub-Registrar's office in Kalkaji, New Delhi. Consequently, the conduct of the officials at the Sub-Registrar's office in Kalkaji has been brought into question, and the Court believes that examining their actions is crucial for a comprehensive investigation and logical conclusion.

Allegations of Under-Valuation

Additionally, it has been alleged that the land in question was significantly undervalued. The owners claim that the market value of the land exceeds INR 50 crores, while the consideration stated in the alleged sale deed is merely INR 6.60 crores. The Supreme Court believes that the allegation of under-valuation necessitates a deeper investigation to uncover any potential improprieties.

This case brings to the forefront the need for a fair and thorough investigation, addressing the complexities of land scams in India and ensuring justice for the victims.