June 29, 2007
The recent controversial cases of Bollywood stars like matinee icon, Amitabh Bachchan entering into a Sale Agreement with an agriculturalist to buy his property near Lonavala in the Maval Taluka and declaring himself"a farmer from UP" and Aamir Khan coming under the scanner are part of the"development agreements" scam tainting the image of the ruling Congress (I)"agriculturist certificates" doled out at random.
Huge tracts in Maval have been grabbed through these bogus"agreements" even as"development agreements" go through several changes of hands subsequently. The land-owner is forced to remain a mute spectator while the total control over the land- owners and the authorities, wrests with the"developer" and his cohorts through the Power of Attorney.
Such"development agreements" allow the title of the land to remain notionally in the name of the land owner while the de-facto possessor is the"developer" made possible through an irrevocable power of attorney which gives him complete control over the property as the virtual owner - without having to pay statutory taxes.
On paper,"development agreements" must be entered into only vis-à-vis"Non-Agricultural" (NA) lands. However a Power of Attorney made by the land-owner in favor of the ‘developer’, enables him to apply to the Collector and elsewhere for conversion of the land to N.A. Tehsildar, Sarpanch and Panchayat members of the concerned village will gladly issue a certificate and supporting documents to support such title for hard cash.
The clout of business magnates and underworld dons from Hyderabad, Mumbai, Pune and Dubai have led to an epidemic of cheating, forgery extortion and criminal intimidation cases especially in Mulshi, Talegaon, Vadgaon, Somatne, Dehu Road, Chakan, Lonavala and other places in Maval, where large- scale purchases are being made. The irony of poor farmers becoming victims of the land mafia criminal cases involving land transactions and debt-ridden farmers committing suicide by the hundreds, while the rich and famous acquire rural lands in Maval is not lost on anyone.
Also, a blunder was committed by the Town Planning and Collector’s office while opting for ‘gutt bandhan’ i.e. changing the Survey numbers to Gutt numbers. The land areas computed on the 7/12 Extracts (property document) were wrongly computed in hectares, instead of acres. Full advantage has been taken for"Development Agreements" being used to oust poor farmers and land-owners.
Possible suggested remedies include: Social activists, Megha Patkar, Aruna Roy, could lend their support for righteousness in Maval and Mulshi. There should pre-requisites for registration of ‘development agreements’ like incorporation of the original sale deeds and recitation of conveyance of the property for 30 years prior to the dealing.
There must also be a mandatory time - limit prescribed for such"development" activity specified in the agreement to commence/conclude, to safe guard the interests of the land-owner, and the exchequer and should not be transferable on any account.
Radical steps are needed as Income Tax to the tune of more than INR. 300 million and Government levy on registration of Sale Agreements, of over INR 250 million has already reportedly been evaded since 2004. Though a special Economic Offences Wing for tackling such offences has been set up for registering complaints of cheating and extortion securing bail is very easy. Registrars, Circle Officers, and Sarpanchs’ are known to work hand-in-glove with these criminals.