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JAPAN 
ABEPLOMACY 
JEFF KINGSTON 
p76 
Haryana’s 
MG DEVASAHAYAM 
RACE FOR PM p68 
PETITION IN PUBLIC INTEREST SUBMITTED TO THE HON’BLE SUPREME 
COURT BY GFILES REGARDING THE GREAT LAND ROBBERY IN HARYANA. 
HOW HOODA ALONG WITH HIS CRONIES PLUNDERED HARYANA IN HIS 
9 YEARS OF RULE. p10 
February 10, 2014 ` 
VOL. 7, ISSUE 11 
gfilesindia.com 
Kunal Bhadoo 
Hooda’s son-in-law 
Venod Sharma 
Congress MLA, Ambala 
Arvind Walia 
Owner, Ramprastha 
Anil Bhalla 
Owner, Vatika Builders 
Kabul Chawla 
Owner, BPTP 
Sameer Gehlaut 
Owner, Indiabulls 
KP Singh 
Owner, DLF 
De facto 
Chief 
Ministers?
PETITION IN PUBLIC INTEREST 
haryana real estate 
12 gfiles inside the government 
vol. 7, issue 11 | February 2014 
www.gfilesindia.com A Petition In The Public Interest 
W.P No……..of 2014 
THE HON’BLE SUPREME COURT OF INDIA, NEW DELHI 
(Extraordinary Writ Jurisdiction) 
In the matter of: 
gfiles : A magazine on governance 
(Regd.No.DL Eng/2007/19719) 
118, IInd Floor, DDA Site-I, 
New Rajinder Nagar, New Delhi – 110060 …. Petitioner 
VERSUS 
1. Bhupinder Singh Hooda, 
Chief Minister of Haryana 
2. Secretary, Ministry of Finance 
Department of Revenue 
Room No. 46, North Block 
New Delhi - 110 001 
3. Ministry of Environment  Forests 
Government of India 
Paryavaran Bhavan 
CGO Complex, Lodhi Road 
New Delhi-110003 
4. Ministry of Urban Development 
Government of India 
Through: National Capital Region Planning 
Board, Core-IV B, First Floor 
India Habitat Centre, Lodhi Road 
New Delhi-110003 
5. Department of Town  Country Planning 
 Urban Estate 
Government of Haryana 
4th Floor, Haryana Civil secretariat 
Chandigarh 
6. Department of Labour 
Government of Haryana, 
30 Bays Building, Sector 17, Chandigarh - 160 
017 
7. Ministry of Forests  Environment 
Government of Haryana 
Room No. 34, 8th Floor 
Haryana Civil Secretariat 
Chandigarh 
……..Respondents
Haryana Government’s Labour Department turns a blind 
eye to lack of safety norms for workers (above); new 
housing colonies are being built but without water 
supply (left) 
gfiles inside the government 
www.indianbuzz.com vol. 7, 13 
issue 11 | February 2014 
(Any other Ministry, Departments, organisations and 
individuals as will be deemed just and appropriate to be 
made as parties with the permission of this Hon’ble Court) 
MOST RESPECTFULLY SHOWETH: 
‡ 7KDW WKH SHWLWLRQHU VHHNV WKH LQWHUYHQWLRQ RI WKLV +RQ¶EOH 
Court by way of the present writ petition for public 
interest by invoking the extraordinary writ jurisdiction 
of this Hon’ble Court with a prayer, as mentioned in the 
prayer clause, to decide once and for all whether people 
sitting in the government, or in other words, State can 
arbitrarily decide the use of land resources, especially in 
view of the fact that mass scale favouritism and misuse 
of land to benefit a handful of powerful coterie and that 
too in flagrant violation of all existing environmental 
and other laws, rules and regulations made therein to 
protect the control of land uses and to avoid any 
haphazard development of land and ecological 
disturbances and for matters connected therewith. 
‡ 7KDW PDQ LPSRUWDQW MXGJPHQWV GHOLYHUHG LQ WKLV 
respect seem to have no effect on the present day 
Haryana Government. In one of the much discussed 
judgements, the Hon’ble Justice GS Singhvi held that: 
The framers of the Constitution and the representative 
of the people who were responsible for introducing Part 
IV-A enacted the above provisions with a fond hope 
that every citizen will honestly play his role in building 
of a homogeneous society in which every Indian will be 
able to live with dignity without having to bother about 
the basics, like food, clothing, shelter, education, 
medical aid, and the nation will constantly march 
forward and will take its place of pride in the comity of 
nations. However, what has happened during the last 
few decades is sufficient to shatter those hopes. The 
gap between ‘haves’ and ‘haves-not’ of the society, 
which existed even in pre-Independent India, has 
widened to such an extent that bridging it appears to be 
an impossibility. A new creed of people (haves) has 
come into existence. Those belonging to this category 
have developed a new value system which is totally 
incompatible with the values and ideals cherished by 
the Indian society for centuries together. They have 
grabbed power, political and apolitical, and have 
successfully used the public institutions to subserve 
their ends. The system of quotas, licences, permits, etc., 
has been used and misused by them for increasing their 
material wealth. Their actions have created an 
atmosphere of diffidence in all walks of life. The 
common man has started feeling that this new creed of 
people, who believe in grabbing whatever comes its 
way, is unstoppable and the law will also become its 
servant because quite a few people belonging to this 
class are creators and administrators of law. However, 
it appears that every thing is not lost. The third organ of 
the State, whose primary duty has been to interpret the 
Constitution and the provisions of law and to adjudicate 
PPI contd. on next page
PETITION IN PUBLIC INTEREST 
haryana real estate 
the disputes between the individual (s) and the State 
and between individuals inter se, or groups of 
individual, has been forced by the people and the 
circumstances to take steps to uphold the majesty of 
law and the authority of the Constitution. 
‡ ,Q Secretary, JDA vs Daulat Mal Jain, JT 1996(8) SC 
387, the Apex Court had the occasion to examine 
allotment of lands to the respondents by the Minister 
and the committee headed by the Minister. Some of 
the observations made in that decision are quite relevant 
in the context of the present case and are therefore, 
quoted below: 
“... The Minister holds public office though he gets 
constitutional status and performs functions under 
constitution, law executive policy. The acts done and 
duties performed are public acts or duties as holding 
of the public office. Therefore, he owes certain 
accountability for the acts done or duties performed. 
In a democratic society governed by rule of law, 
power is conferred on the holder of the public office 
or the concerned authority by the Constitution by 
14 gfiles inside the government 
vol. 7, issue 11 | February 2014 
www.gfilesindia.com virtue of appointment. The holder of the office, 
therefore, gets opportunity to abuse or misuse the 
office. The politician who holds public office must 
perform public duties with the sense of purpose, and 
a sense of direction, under rules or sense of priorities. 
The purpose must be genuine in a free democratic 
society governed by the rule of law to further socio-economic 
democracy. The executive Government 
should frame its policies to maintain the social order, 
stability, progress and morality. All actions of the 
Government are performed through/by individual 
persons in collective or joint or individual capacity. 
Therefore, they should morally be responsible for 
their actions.... The Minister is responsible not only 
for his actions but also for the job of the bureaucrats 
who work or have worked under him. He owes the 
responsibility to the electors for all his actions taken 
in the name of the Governor in relation to the 
Department of which he is the Head. If the Minister, 
in fact, is responsible for all the detailed working of 
his Department, then clearly ministerial 
responsibility must cover a wider spectrum than 
mere moral responsibility; for no minister can 
Haphazard construction has created havoc all around possibly get acquainted with; all the detailed
Most favoured, BPTP’s gateway to billions 
gfiles inside the government 
www.indianbuzz.com vol. 7, 15 
issue 11 | February 2014 
decisions involved in the working of his 
Department.... The so-called public policy cannot be 
a camouflage for abuse of the power and trust 
entrusted with a public authority or public servant 
for the performance of public duties. Misuse implies 
doing of something improper. The essence of 
impropriety is replacement of a public motive for a 
private one. When satisfaction sought in the 
performance of duties is for mutual personal gain, 
the misuse is usually termed as corruption. The 
holder of a public office is said to have misused his 
position when in pursuit of a private satisfaction, as 
distinguished from public interest, he has done 
something which he ought not to have done. The 
most elementary qualification demanded of a 
Minister is honesty and incorruptibility. He should 
not only possess these qualifications but should also 
appear to possess the same.” 
‡ 7KH JUHHQ FRYHU RI +DUDQD IRU ZKLFK WKH VWDWH LV VR 
well known, has been rapidly converted into jungle of 
concrete, taking a heavy toll on existing flora and fauna 
of the State and damaging its reputation of being the 
food bowl of the country. 
‡ 7KH KLHI 0LQLVWHU RI +DUDQD GXULQJ PRVW SDUW RI 
his tenure, kept all the important departments 
relating to land and urban development under his 
control with the sole motive of taking unilateral 
decisions regarding sale and allotment of land to a select 
few favourite individuals and groups, turning them 
billionaires overnight at the cost of poor Haryanvis. 
‡ 7KH ODZV LQ WKH UHOHYDQW ILHOGV ZHUH IUHTXHQWO 
changed, altered or modified with the motive of 
favouring a select group of builders close to the Chief 
Minister and its coterie, benefiting both with complete 
disregard to systemic planning and the basic laws of 
equity. So much so that three Master Plans were created 
in haste, including Master Plan 2031, assuming that the 
same government will continue for decades to come. 
‡ 3UHFLRXV SLHFHV RI ODQG ZHUH JLIWHG WR LQIOXHQWLDO 
politicians and others to seek political and other favours 
i.e. Quid pro quo. 
‡ 6RPH RI WKH PDMRU LQIUDVWUXFWXUH SURMHFWV ZHUH DOWHUHG 
changed midway to safeguard commercial interest of 
some favoured builders with complete disregard to the 
cost and loss of revenue to the State exchequer. 
‡ ,PSRUWDQW GHFLVLRQV LQ WKLV UHJDUG LQ WKH +DUDQD 
Government are allegedly influenced by a select 
coterie, comprising of influential politicians, builders 
and business mafia, including Venod Sharma, Kunal 
Bhadoo, Arvind Walia, Anil Sharma, Kabul Chawla and 
Sameer Gehlaut. 
PPI contd. on next page
PETITION IN PUBLIC INTEREST 
haryana real estate 
Men in shadows: 
Those who pull the 
political strings 
by NEERAJ MAHAJAN 
I would be difficult to imagine even 
a legend like Sachin Tendulkar 
single-handedly batting, bowling 
and keeping the field all by himself. 
Likewise, try as much as she might, 
singing sensation Lata Mangeshkar 
too would find it difficult to write 
the lyrics, compose, direct the music, 
coordinate, sing and play all the 
16 gfiles inside the government 
vol. 7, issue 11 | February 2014 
www.gfilesindia.com musical instruments all by herself. It 
is next to impossible to imagine that 
Haryana Chief Minister Bhupinder 
Singh Hooda is managing the whole 
show all by himself. 
As far as taking important decisions 
and deciding the policy on real estate is 
concerned, Hooda allegedly depends 
on his son-in-law Kunal Bhadoo, DLF 
strongman KP Singh, former Union 
minister Venod Sharma, entrepre-neur 
Jawahar Goel (Dish TV, Essel 
Group of Companies), Kabul Chawla 
(promoter of BPTP), Arvind Walia 
(Director, Ramprastha Group), Sushil 
Ansal (Promoter of Ansal Group), 
Sameer Gehlaut (Indiabulls) as well 
as Anil and Gautam Bhalla of Vatika 
Ltd. Call it a high-power committee, 
think-tank or a more informal kitchen 
cabinet, they are the ones who alleged-ly 
decide most actions concerning the
real estate sector in the State. In other 
words, one may say that these are the 
people who are allegedly helping, rath-er 
driving, Hooda to ruin Haryana. 
APART from them, IAS officers 
Alike the on-deputation 1996 batch Karnataka cadre IAS officer Rajender Kumar Kataria, the 
son-in-law of Haryana Congress pres-ident 
Phool Chand Mullana, former 
Haryana additional advocate general 
and advocate Sunil Parti, hotelier 
Kewal Dhingra and foot soldiers like 
Hooda’s officer on special duty, M S 
Chopra, fill in the blanks. 
A former Army Officer, Kushal Pal 
Singh, the son-in-law of DLF Group 
founder, is allegedly a master in 
the art of give and take and political 
arm-twisting for strategic business 
gfiles inside the government 
www.indianbuzz.com vol. 7, 17 
issue 11 | February 2014 
GURGAON-MANESAR URBAN COMPLEX 
Land use Master plan 
2021 
Area in 
hectares 
Master plan 
2025 
Area in 
hectares 
Master plan 
2031 
Area in 
hectares 
Residential 14,930 15,148 16,010 
Commercial 1,404 1,429 1,616 
Industrial 5,441 5,431 4,613 
Transport and 
4,231 4,289 4,420 
communication 
Public utilities 564 609 626 
Institutional Public 
and semi-public use 
1,630 1,775 2,035 
Open spaces 2,675 2,688 2,775 
Special zone 106 106 114 
Defence land 633 633 633 
Total land 31,614 32,108 32,842 
Special Economic Zone 4,570 4,570 
Existing town 406 406 406 
Village abadis 428 428 478 
Grand total 37,069 37,512 33,726 
Source: Town and Country Planning, Haryana 
MNC offices on Delhi-Jaipur 
highway are edifices to lure 
innocent customers 
PPI contd. on next page
PETITION IN PUBLIC INTEREST 
haryana real estate 
The BPTP and DLF saga 
THE biggest beneficiary of the Hooda rule is none 
other than Business Park Town Planners Limited, also 
known as BPTP, promoted by Kabul Chawla, Punam 
(mother of Kabul Chawla) and Anjali Chawla (wife of Kabul 
Chawla). Incorporated under the Companies Act on August 
11, 2003, BPTP has a number of companies, like Countrywide 
Promoters Pvt Ltd, Countrywide Home and Farms Pvt Ltd, 
Glitz Builders  Promoters Pvt Ltd, Foliage Construction 
Pvt Ltd, Five Star Promoters Pvt Ltd, Vital Construction 
Pvt Ltd, Native Buildcon Pvt Ltd, Green Valley Towers Pvt 
Ltd, Anupam Towers Pvt Ltd, Sunglow Overseas Pvt Ltd, 
Druzba Overseas Pvt Ltd, Business Park Promoters Pvt Ltd, 
Fragrance Construction Pvt Ltd, KA Promoters  Developers 
Pvt Ltd, Westland Developers Pvt Ltd, Poonam Promoters  
Developers Pvt Ltd and Vasundra Promoters Pvt Ltd. 
BPTP was an unknown and insignificant player till 
2005. After Hooda became the Chief Minister, its fortunes 
changed, almost overnight in 2005, and the company started 
aggressively staking claim over prime land in and around 
Faridabad. In just three years, it had acquired licenses 
to develop 283.88 acres land at unheard of rock bottom 
prices—`210 per sq ft—in Faridabad. The company starting 
selling the first of its plots in 2006 and by 2009 it had sold 
approximately 5,657 residential plots, 10,685 apartments, 
463 commercial plots and other commercial space. 
In January 2009, when the Hooda Government permitted 
registration of independent floors on residential plots, 
BPTP took full advantage and re-aligned its business from 
plotted housing to independent floors. This proved to be 
Two to tango: The BPTP couple 
18 gfiles inside the government 
vol. 7, issue 11 | February 2014 
www.gfilesindia.com a bestselling offer as almost all the 4,997 three bedroom 
units in its newly launched ‘Park Elite Floors’ were sold 
out in five months—between May and September 2009. 
Even the 2nd phase of Park Elite Floors was sold by 
September 30, 2009, and BPTP was able to mop up nearly 
`2.41 billion from the market. 
Today, with licenses for close to 1,606 acre land in 
advantage. He knows how to subtly 
manage his strengths and weaknesses 
and gain business mileage. This is 
the least you can expect from a man 
who managed to leverage a chance 
meeting with Rajiv Gandhi to gain 
virtual monopoly in Gurgaon. At least, 
you can say, he was shrewd and bold 
enough to move in an unchartered 
direction. Not many would have dared 
to do what he did… even today he is 
mentally just as sharp in spotting an 
opportunity and going all out to grab it 
as if there is going to be no tomorrow. 
WITHINthe group, apart from 
son-in-law Kunal Bhadoo, 
Hooda depends most on the 
controversial Congress leader from 
Chandigarh, Venod Sharma, known 
for his troubleshooting and negotiat-ing 
skills. A former Union and State 
minister, Sharma had to quit the 
Power Ministry after embarrassing 
public disclosures about him trying to 
bribe three witnesses in the Jessica Lal 
case, in which his son Manu Sharma 
was the key accused. Even though 
Venod Sharma, who is also related to 
Haryana assembly speaker Kuldeep 
Sharma (his daughter Aishwarya is 
married to Venod Sharma’s youngest 
son Kartikeya), seemingly remained 
out of the power circuit, he is one of 
those who challenge their luck to the 
limit. That is why despite being out 
of power, he enjoys such clout that in 
informal conversations he is report-edly 
referred to as “Mr 10 Crore” in 
real estate circles. The reason is fairly 
obvious—no big land deal is possible 
in the State without his direct or indi-rect 
involvement.
gfiles inside the government 
www.indianbuzz.com vol. 7, 19 
issue 11 | February 2014 
Faridabad and Gurgaon, Countrywide 
Promoters, or BPTP, is way ahead of 
even Ansal Properties  Infrastructure 
(1,360 acres), or DLF (939 acres). It 
is so powerful that it virtually runs a 
parallel government, at least as far as 
Faridabad and Gurgaon are concerned. 
No government official reportedly 
dares to come in its way. Some say 
Hooda himself is a benami owner 
in the company, which is currently 
developing 24 group housing, IT and 
residential projects in Faridabad and Gurgaon. 
The company’s biggest strength is that the average cost 
of its land reserve is as low as `188 per sq ft. This allows it 
to sell properties at relatively attractive prices and, in fact, 
is the reason behind its phenomenal success in a relatively 
short time-span. Such is BPTP’s clout that despite a com-plaint 
by the owner of a 14.793 acres land in Sector 106 in 
Gurgaon to the Haryana TCP not to issue the license till the 
agreed sale price was paid, the TCP department not only 
awarded but also renewed the licenses despite the fact 
that BPTP still does not have possession of the land, or has 
begun any construction activity. 
One of the first developers to focus on Faridabad, 
Countrywide Promoters has the ability to identify suitable 
land, acquire and consolidate it. This role is played by an 
in-house research team of 30 personnel that gathers market 
data, assesses the potential of a location, and evaluates its 
demographic profile as well as government schemes and 
incentives, as applicable. 
DLF holds the largest land 
bank of 10,255 acres (42 sq km), 
including 3,000 acres (12 sq km) 
that has been developed and 
1,000 acres under development in 
Gurgaon. DLF Limited is the largest 
commercial real estate developer 
in India by revenue, profit, and 
market share. DLF is so powerful 
that no government in Haryana 
can chose to ignore it. Whatever it 
wants is reportedly given. 
gfiles investigations reveal that all almost all propos-als 
for grant of licenses are directly approved by the Chief 
Minister himself, often overruling senior officials to benefit 
a particular builder. Significantly, within two years of his 
chief ministership, on December 19, 2006, Hooda changed 
the policy for grant of license and change of land use with 
retrospective effect—from June 7, 2005. By specifically stat-ing 
that “the licenses shall be granted/refused by the DTCP 
with prior internal concurrence of the State Government at 
the Minister’s Level”, this ensured that Hooda—who was 
the housing minister as well as Chairman TCP and HUDA— 
was the ultimate authority to sanction or deny a license. 
Even if the Director, Town Planning, wanted to grant or deny 
a license, he needed to get the Chief Minister’s concurrence. 
This, in effect, sealed the fate of all cooperatives housing, 
giving a free hand to group housing societies and builders. 
This policy also relaxed the norms for change of land use 
and discontinued grant of licenses for cooperative housing 
societies, even in low potential zones. 
KP Singh 
One of the richest politicians 
in the state, Sharma’s `500-crore 
empire consists of Piccadily Group of 
Industries, 4-star Piccadily Hotel in 
Sector 22, Blue Ice bar in Sector 17, 
chain of hotels, restaurants, cinema 
theatre, sugar mills, distilleries like 
Piccadily Sugar Industries, Piccadily 
Agro Industries, Shakti Fibres, 
Piccadily Holiday Resorts and Lyons 
Restaurant, besides a number of com-mercial 
and residential properties in 
Chandigarh. 
He has big stakes in the liquor trade 
in Punjab, Madhya Pradesh and Uttar 
Pradesh. It is alleged that Hooda is a 
shareholder in Sharma’s hotels, sugar 
and construction business. 
SON of liquor baron and one-time 
President of Punjab 
Pradesh Congress Committee, 
Kidarnath Sharma, Venod Sharma 
has a good network in the Brahmin, 
Aggarwal, Rajput and Punjabi com-munities 
in Haryana. Hooda has many 
reasons to rely on his school-time 
friend. As the head of the 40-mem-ber 
election campaign committee, 
Sharma’s backroom organising skills 
helped Hooda muster the support 
of 53 members in the 90-member 
house when the Congress had just 
40 members in the last elections. 
Sharma always stood by him—even 
when Hooda was an aspiring politi-cian 
from Rohtak. On his part, Hooda 
too lobbied to get Sharma the Ambala 
Assembly ticket when he was a politi-cal 
untouchable after the Jessica Lal 
murder case. 
PPI contd. on next page
PETITION IN PUBLIC INTEREST 
haryana real estate 
Venod Sharma Kunal Bhadoo Kabul Chawla 
THE ‘H’ COMPANY 
KP Singh Sameer Gehlaut Anil Bhalla Arvind Walia 
SHARMA, who began his politi-cal 
career as general secre-tary 
of Chandigarh Congress 
Committee, lost no time in becom-ing 
Sanjay Gandhi’s blue-eyed boy, 
general secretary of All India Youth 
Congress under Ghulam Nabi Azad’s 
leadership, MLA, MP and Union min-ister— 
all within one decade. There was 
a time when even as a first-time MLA, 
he was treated as virtual No. 2 and the 
most resourceful State cabinet minis-ter— 
20 gfiles inside the government 
vol. 7, issue 11 | February 2014 
www.gfilesindia.com more powerful than even Deputy 
Chief Minister Chander Mohan, a 
three-time MLA. Sharma’s youngest 
son Kartikeya heads Information TV 
Pvt Ltd, which controls News X tel-evision 
channel, Good Morning India 
Media Pvt Ltd and Aaj Samaj group of 
newspapers. 
It is alleged that any builder who 
wants any new license, or any con-cession, 
from Hooda has to neces-sarily 
go through Sharma. Sharma’s 
own interests in real estate are taken 
care of through a string of compa-nies 
like Onkareshwar Properties 
Private Limited, Mark Buildtech 
Properties Private Limited, Shivam 
Infotech Private Limited and Pegasus 
Developers Shikhopur Pvt Ltd. 
Kartikeya is on the Board of Director’s 
and reportedly owns 99 per cent 
shares in Mark Buildtech, which has 
business dealings with Onkareshwar 
Properties. The two, incidentally, 
GREAT HARYANA LAND USE CONVERSION CIRCUS 
Area Up to 30 Sq Metre Area Over 30 Sq Metre 
Old Rate New Rate Old Rate New Rate 
Gurgaon `14,000 `3,000 `16,000 `3,500 
Faridabad `7,200 `1,500 `9,200 `2,000 
Sonepat `6,000 `1,000 `7,500 `1,200 
Panipat `6,000 `1,000 `7,500 `1,200 
Panchkula `7,200 `1,500 `9,200 `2,000
Top 33 Most Benefitted Builders of Hooda Regime 
S.No. Promoters/ Builders Land License Obtained in Acres 
1 Countrywide Promoters 1606 
2 Ansal Properties  Infrastructure 1360 
3 DLF New Gurgaon Home Developers 939 
4 Intime Promoters (TDI) 867 
5 Omaxe Housing  Developers 866 
6 Unitech 725 
7 Vatika Land Base 632 
8 Parshavnath Developers 603 
9 Emaar MGF Land 531 
10 IREO KSS Properties 519 
11 Sonika 399 
12 Chintals India 396 
13 AN Buildwell 315 
14 Bestech India 297 
15 Uddar Gagan 291 
16 Reliance Haryana SEZ 251 
17 Rangoli Projects 242 
18 India Bulls Estates 222 
19 Vipul Infrastructure Developers 216 
20 Dwarkadhis Buildwell 209 
21 Raheja Developers 195 
22 Ramprastha Buildwell 189 
23 Pioneer Urban Land  Infrastructure 177 
24 Herman Fin Properties 154 
25 Grandeur Real Estate 145 
26 Uppal Housing 142 
27 Jai Krishna Artec JV 123 
28 Mapsco Buildwell 120 
29 Parveen Gupta, Vipin Gupta 118 
30 ERA Infrastructure 118 
31 Martial Buildcon 117 
32 Desert Moon Realtors Pvt. Ltd. 110 
33 Orris Infrastructure 108 
gfiles inside the government 
www.indianbuzz.com vol. 7, 21 
issue 11 | February 2014 
are registered at the same address 
in Nehru Place. Sushil Gupta, one 
of the Directors of Onkareshwar 
Properties, is a close aide of Hooda; 
Harvinder Singh Chopra, a Director 
in Mark Buildtech, is also Finance 
Director of Piccadily Group; while 
Rajender Bansal, a friend of Sharma 
from Panchkula, is on the Board of 
Directors of both the companies. The 
other directors include Dhirender 
Dadwal and Tarun Bhanot, a rela-tive 
of Sharma. Mark Buildtech alleg-edly 
has strong business linkages 
with Vatika Ltd promoted by Anil and 
Gautam Bhalla, who seemingly has 
prospered from the association. In 
fact, after the Haryana government 
granted three land licenses to Vatika 
group, the group’s assets skyrocketed 
unimaginably in three years. 
IF it is not Sharma, another person 
who can come up with miracles 
and has direct access to the CM is 
Kunal Bhadoo, the prodigal son of 
Vijay Laxmi Bhadoo, a senior SAD-BJP 
leader in Punjab. He is married to 
Hooda’s daughter Anjali. A Masters in 
International Accounting and Finance 
from London School of Economics 
and qualified Chartered Accountant 
from ICAEW, UK, he worked for six 
years in London for PwC LLP before 
coming back to India in 2006 to start 
Kunskapsskolan Eduventures India, 
which runs three K-12 schools in 
Jaipur, Karnal and Abohar. Kunal is 
also Director of Havelock Developers 
Pvt Ltd, Bhadoo Agritech at Abohar, 
which is into contract processing 
and packaging of citrus fruits and 
fresh vegetables, Navyug Group of 
Companies, Navyug Eduventures and 
Satellite Forging Pvt Ltd, a joint ven-ture 
with the JBM Group. 
He is alleged to be an unofficial 
member of Hooda’s kitchen cabinet 
along with his mother-in-law, Asha 
Hooda; brother-in-law Deepinder 
It is alleged that any 
builder who wants any 
new license, or any 
concession, from Hooda 
has to necessarily go 
through Venod Sharma, 
Congress leader from 
Chandigarh 
PPI contd. on next page
PETITION IN PUBLIC INTEREST 
haryana real estate 
The Dwarka-Gurgaon Expressway: 
Where it starts and ends, nobody 
knows! 
22 gfiles inside the government 
vol. 7, issue 11 | February 2014 
www.gfilesindia.com The arbitrary and ad-hoc 
manner in which 
decisions are taken or 
altered in Hooda’s 
tenure can be judged 
from just two examples: 
the Dwarka Expressway 
and the Northern 
Express Road 
Hooda and Venod Sharma. They 
are virtually running a parallel 
government in Haryana which has 
a say in everything—from selection, 
transfer and postings of candidates 
to ‘interviews’ conducted by 
departmental committees to grant 
licenses to favourite builders. 
AS per market intelligence gath- 
Aered from buyers, sellers and brokers, these days Bhadoo is allegedly on a buying spree in Sector 
70 and 70A, just outside the Master 
Plan areas, along the Southern 
Peripheral road. According to 
informed sources, unwritten orders 
are that anyone else who tries to 
buy lands in this area should be 
discouraged. In all probability, this 
area will be included in another 
revised or extended Master Plan just 
before the elections. The price shoots 
up at least 50 times when it gets 
included in the Master Plan. 
One of the features of the Master 
Plan 2031, that has escaped attention, 
is a restriction that only 20 per cent 
of the total area can be taken up 
by Group Housing Societies in a 
particular sector. This has opened 
up scope for discretionary licenses, 
or refusal, on the plea that the 
quota has been exceeded. Another 
feature of the Master Plan was to 
increase population density figures 
in specific zones from 250-300 
people per hectare to over 1,000 
people per hectare. This has opened 
up floodgates for manipulation by 
the politician-builder network. The 
Haryana government is also likely to 
come up with a new scheme of one-acre 
farmhouses or country homes 
outside the Master Plan areas in 
Gurgaon, Sohna and other parts 
of Haryana. That will be another 
opportunity to make a fast buck for 
builders/developers and brokers. 
Already many people have started 
buying huge tracts of land for the 
purpose. Whenever they get struck,
Banarsi Das Gupta 
Bhajan lal 
Bansi Lal 
Bhupinder Singh Hooda 
Hukum Singh 
Bhagwat Dayal Sharma 
Devi Lal 
Om Prakash Chautala 
gfiles inside the government 
www.indianbuzz.com vol. 7, 23 
issue 11 | February 2014 
LEGACY OF 12 CMs  
PRESIDENT’S RULE 
I the last 23 years, Haryana has seen 12 CMs and 
one President’s Rule. Except for Chaudhary Devi 
Lal, Banarsi Das Gupta and Om Prakash Chautala 
(in the initial stages), all others favoured one or 
the other builder. The biggest example of politi-cal 
favouritism is the DLF, which is what it is today 
allegedly because of the patronage given by Prime 
Minister Rajiv Gandhi. 
Bhajan Lal was the Chief Minister for close to 
five years from January 22, 1980. He was clearly in 
favour of the DLF, which managed to get 40 licenses 
for some 1,123 acres of land, largely in Gurgaon. 
Such was DLF’s monopoly that Ansal Properties 
 Infrastructure, its nearest rival, could just man-age 
a toe-hold with 11 licenses for 442-acre land. Apart 
from these two, all the seven others who managed to get 
licenses from Bhajan Lal were insignificant players. 
As soon as Bansi Lal became the Chief Minister on July 
5, 1985, the wind started blowing in the opposite direc-tion 
and Ansal Properties  Infrastructure became the hot 
favourite, bagging the maximum licenses, followed by 
DLF. Another significant contribution of Bansi Lal was the 
limited entry of Unitech and Utility builders. 
However, when Chaudhary Devi Lal became the Chief 
Minister on July 17, 1987, not a single license was granted 
to any developer. This tradition was maintained even 
when his son Om Prakash Chautala remained the Chief 
Minister from Dec 2, 1989, to May 22, 1990. 
However, Dec 2, 1989—the last day of Devi Lal’s regime 
and first day of Om Prakash Chautala—would go down in 
the history of Haryana. On that single day, eight licenses 
were approved: DLF Universal (5) in Gurgaon Sectors 24, 
25, 25A, 27, 28 and 43; Ansal (2) Gurgaon Sectors 1, 2, 
3, 17 and Unitech (1) Gurgaon Sectors 30, 40, 41. It may 
be well worth investigating who sanctioned these licenses 
on a single date and why. More so, when no license was 
allotted two years before or two years after that date! 
After Chautala, Banarsi Das Gupta was the Chief 
Minister from May 22, 1990, to July 12, 1990, and Chautala 
again from July 12, 1990, to July 17, 1990. But, no license 
was given in this period. 
The jinx was broken when Hukam Singh, who was the 
Chief Minister from July 17, 1990, to March 21, 1991, issued 
licenses for the National Media Centre (21 acres) and to 
Durga Builder (127 acre). 
Om Prakash Chautala became the Chief Minister 
again—from March 22, 1991, to April 6, 1991—and did not 
issue any license during his term. After this, there was 
President's Rule in the State from April 6, 1991, to July 23, 
1991. Again, no licenses were issued in the period. 
However, in the following five years of Bhajan Lal’s 
Chief Ministership—July 23, 1991, to May 9, 1996—60 
licenses were given. Those who benefitted included, 
DLF (641 acres), Ansals (258 acres), Unitech (309 acres) 
and others. 
In the next three years—May 11, 1996, to July 23, 1999— 
Bansi Lal tried to match the record by sanctioning 39 pro-jects 
over 793 acres of land in Gurgaon. Though Ansal was 
the favourite, DLF and others too were granted licenses. 
In his new term, from July 24, 1999, to March 4, 2005, Om 
Prakash Chautala was a changed person and sanctioned 
35 projects in Gurgaon over 463 acres of land. 
PPI contd. on next page
PETITION IN PUBLIC INTEREST 
haryana real estate 
they approach someone like Bhadoo, 
who can’t say no to favours from 
builders. Here are a few examples: 
Hooda fiddles, Haryana burns EVER since he became Chief 
Minister of Haryana on March 5, 
2005; Hooda has retained all the 
important administrative portfolios 
like Justice Administration, Law and 
Legislative, General Administration, 
Administrative Reforms, Home, 
Information, Public Relations and 
Personnel and Training with him. 
But his first love is urban develop-ment. 
This is clear from the manner 
in which he has retained all associ-ated 
portfolios like Architecture, 
Panchayat Development, Town and 
Country Planning and Urban Estates 
and Urban Local Bodies. He is also 
the Chairman of the Town  Country 
UNLAWFUL ACTS IN HOODA ERA 
24 gfiles inside the government 
vol. 7, issue 11 | February 2014 
www.gfilesindia.com Planning (TCP), Haryana Urban 
Development Authority (HUDA) 
and Haryana State Industrial 
Development Corporation (HSIDC). 
This gives him complete control over 
all land deals in the State. In fact, 
he is referred to as ‘Haryana Overall 
Development Authority’. 
In 2005, when Hooda first became 
CM, he had 67 seats in the 90-mem-ber 
assembly. Every third MLA in 
the State was a Congressman. As a 
result, if a minister dared to step out 
of line, he was firmly told to behave. 
But today, with just 40 MLAs, to run 
the government at the mercy of inde-pendents 
is a big challenge. Hence, 
to keep the prominent politicians 
happy, Hooda tried to ‘gift’ HUDA 
residential plots to 79 present and 
former Haryana MPs and MLAs at 
Mansa Devi Complex, Panchkula at 
a throwaway price of `28 lakh each. 
These plots were worth at least `1.5 
crore in the open market. The ben-eficiaries 
included his son Deepender 
Singh Hooda besides Kumari Selja, 
Venod Sharma, Kiran Chaudhary, 
Navin Jindal, Raghuveer Kadian, 
SOON after coming to power, 
one of the first PR exercise 
of Hooda Government was to 
drastically reduce the compound-ing, 
or conversion, fee for commer-cial 
properties. This populist move 
was aimed at gaining the goodwill 
of lakhs of building bylaws violators 
and those running business and com-mercial 
establishments from residen-tial 
premises. Such persons now just 
had to pay `3,500, instead of `16,000 
per square yard, for regularising their 
buildings along 30-metre roads in 
Gurgaon. Likewise, those in build-ings 
along roads up to 30 metres had 
to pay `3,000, against `14,000 per 
square yard previously. Even peo-ple 
in small towns like Faridabad, 
Panchkula, Panipat, Sonepat, Karnal, 
Kurukshetra, Ambala, Yamunanagar, 
Bahadurgarh, Hissar, Rohtak, Palwal, 
Hodal, Rewari and Sohna were given 
massive concessions. For instance, 
in Faridabad, the charges for build-ings 
along more than 30-metre roads, 
were lowered from `9,200 to `2,000 
per square yard. While the official plea 
was that conversion charges would 
improve the financial position of urban 
local bodies, no one can deny that this 
was actually a reward to the violators 
of law. 
A detailed analysis of Hooda gov-ernment’s 
policies reveals how arbi-trarily 
policies were drafted, modified 
and backdated to favour builders and 
individuals. For instance, a policy for 
release of land from acquisition (See 
Box) was modified within 26 days of 
being formulated in 2007. Once again, 
it was modified in 2011. Likewise, policy 
dated December 20, 2006, concerning 
group of persons, needed reconsid-eration 
within four months on April 24, 
2007. Also, no explanation was offered 
why many of these polices needed to 
be backdated by over a year? A deeper 
probe may unearth many a skeletons in 
Hooda’s cupboard. 
One of the first significant changes 
Hooda brought about on April 24, 
2007, was an amendment of an exist-ing 
policy laid down by his government 
on December 20, 2006. Interestingly, 
this new policy, re-defined ‘Reputed 
Coloniser’ as someone “who has already 
obtained a license under the Haryana 
Development and Regulation of Urban 
Areas Act, 1975, by the Haryana Town 
and Country Planning Department 
(TCP)”. This policy allowed backdoor 
entry to those private developers, who 
were applying for the first time. They 
were given the option to sign a col-laboration 
agreement with a group of 
In Rohtak, Hooda’s home 
district, a clique of Sharad 
Farms and Holdings, 
Sonika Properties and 
Uddar Gagan Properties— 
all three subsidiaries of the 
consortium formed by Zee 
TV’s Essel Group, Action 
Group and Odeon 
Builders—has acquired 
almost 637 acres
Dwarka-Gurgaon Expressway: The 
ugly reality of a ‘beautiful’ highway 
Randeep Surjewala, Phool Chand 
Mulana, Captain Ajay Singh Yadav, 
Chander Mohan, Hansraj Bhardwaj 
and Shamsher Singh Surjewala. They 
would all have been richer by a few 
crore rupees, but for a last minute 
hurdle created by the Punjab and 
Haryana High Court. A division bench, 
comprising Chief Justice Tirath Singh 
Thakur and Justice Mahesh Grover, 
cancelled the arbitrary allotments 
and the MPs and MLAs were left high 
and dry. 
SIMILARLY, the High Court 
quashed the “illegal release 
of land” to RN Prasher, IAS, 
a former finance commissioner 
and principal secretary, employed 
as principal adviser to CM after 
retirement. Describing this as a 
gfiles inside the government 
www.indianbuzz.com vol. 7, 25 
issue 11 | February 2014 
persons licensed by the department to 
qualify to be called ‘Reputed Coloniser’. 
Curiously, a ticklish policy—dated 
March 27, 2008—decided to give one-time 
relaxation to private schools, 
whose applications were pending with 
the Education Department for want of 
recognition. The question is, how can 
the TCP Department provide legiti-macy 
to private schools yet to be rec-ognised 
by the Education Department? 
Obviously this was done as a favour. 
Significantly, the policy regarding 
grant of license to Cooperative Housing 
Societies, dated September 15, 2008, 
states that application of only those 
Cooperative House Building Societies, 
which have any collaboration with 
builders/developers having financial 
capacity and technical expertise to 
develop residential colonies, will be 
considered for a license. This gave an 
unfair advantage to the builders, with-out 
whose involvement Cooperative 
House Building Societies cannot 
even apply for a license. 
The manner in which HUDA did 
away with the upper time limit to 
complete the construction work, 
smacks of a sell-out to the builder 
lobby. Earlier, allottees could under-take 
construction on a residential or 
commercial plot within two years. 
Now, an extension of up to 13 years 
is possible after payment of a fee and 
the allottee can take 15 years (2+13 
years) for construction from the date 
of possession. This new policy, that 
came into effect from April 12, 2013, 
is nothing but a ploy to renew the 
licenses of non-performing builders. 
The Haryana government has also 
not used over `10,000-crore EDC for 
creation of basic amenities collected 
from the end-consumers through the 
builders in the last five years. 
PPI contd. on next page
PETITION IN PUBLIC INTEREST 
haryana real estate 
Despotic Hooda (March 2005-2014) 
Questionable Pro-Builder Policies of Haryana Government 
Date Name of policy Salient initiative Beneficiary / Analysis 
09.06.2006 License for land pockets 
owned by individuals 
forming part of or 
adjoining existing 
licensed colonies. 
26 gfiles inside the government 
vol. 7, issue 11 | February 2014 
www.gfilesindia.com The only condition is that such land locked pockets 
should not be more than 10% of the licensed area 
granted to the developer. 
Land acquisition policy of Haryana 
Government is based on ‘sectoral develop-ment’ 
approach. In case a private developer, 
who has been granted a license to develop a 
project, is not able to acquire some pockets of 
land in between or on the fringes of the 
licensed area (“land locked pockets”), HUDA 
steps in to acquire such land locked pockets 
on behalf of private developer. BENEFICIARY: 
BPTP—was facing problem due to certain 
land locked pockets in Project Parklands— 
integrated township, so HUDA took over the 
land locked pockets and transferred it to 
them for development of the area. 
19.12.2006 Policy for grant of 
license and change of 
land use 
Came into effect with 
retrospective effect 
from 7 June, 2005 
After careful consideration of the matter the Governor 
of Haryana is pleased to convey the policy parameters 
relating to the grant of license and permission for 
change of land use as under :- 
1. Competent Authority to grant licenses: The licens-es 
shall be granted/ refused by the DTCP with prior 
internal concurrence of the State Government at 
Minister’s Level. The State Government will how-ever, 
exercise appellate powers under the Act. 
2. Minimum area for grant of licenses under different 
zones 
3. Area under group housing should not exceed 20% 
of the sector area. 
4. Discontinue licenses to the Cooperative Housing 
Societies even in Low Potential Zones. No such 
restriction for construction of Group Housing pro-jects. 
5. Change of land use (CLU) applications to be con-sidered 
in conformity with land use proposals of 
the Development Plans and zoning regulations. 
6. Classification of controlled areas under hyper 
potential, high, medium and low potential zones. 
1. The Minister here happened to be the 
Chief Minister himself 
2. Even if the Director Town Planning wanted 
to grant or deny a license he needed the 
concurrence of the Chief Minister who 
held all urban development portfolios. 
3. The fate of all cooperatives housing was 
sealed 
4. Group housing societies and builders were 
indirectly given a free hand. 
5. Change of land use made easy 
Beneficiary: 
BPTP—its strategy has been to quickly 
convert land use from agricultural to land 
eligible for real estate development and 
create a vast bank of licensed land. This 
helped them launch mid-income housing 
projects in a relatively short time frame even 
during the economic recession in 2008-09. 
Apart from everything this helped the 
company generate robust cash flow with 
reduced capital expenditure. 
24.04.2007 License to group of per-sons 
under Haryana 
Development and 
Regulation of Urban 
Areas Act, 1975—for 
setting up of a colony 
—as a reputed colonis-er. 
Policy deemed to have 
come into effect w.e.f. 
19th May, 2004. 
Amendment of policy concerning group of persons 
dated 20th December, 2006 
1. Reputed coloniser will be the one who has 
already obtained a license under the Haryana 
Development and Regulation of Urban Areas Act, 
1975 
2. In case of collaboration agreement -- a developer 
who is not a licensee but applying for a license for 
the first time full EDC, service charges and 100% 
bank guarantee of internal development works 
taken before grant of license “so as to safeguard 
the public interest. Those who comply with 
these stipulations would be termed as reputed 
colonizers.” 
1. Group of persons were sought to be given 
the status of a reputed coloniser for setting 
up a colony. 
2. Changed in definition of reputed coloniser 
as one who has 
a. Already obtained a license 
b. Pays full EDC, service charges and 100% 
bank guarantee for internal 
development. 
3. Allowed back door entry for private 
developers—without a license to sign but 
desiring to make an entry by signing a 
collaboration agreement with a group of 
persons
Date Name of policy Salient initiative Beneficiary / Analysis 
30.5.2007 Amended area parame-ters 
gfiles inside the government 
www.indianbuzz.com vol. 7, 27 
issue 11 | February 2014 
for Cyber Parks/ IT 
Parks in residential 
sectors 
Effective for application 
received after 7th 
August, 2006. 
Utilisation of maximum 5% of the area of a residential 
sector for establishment of IT Parks/Cyber Parks 
What was the need to back date by almost 
one year? 
Ironically all the six licenses for IT City in 
Gurgaon over 36 acre land in sector 24,25 and 
25A in Hooda’s tenure have been bagged by 
DLF Universal. Similarly more than 90 % of the 
53 IT parks over 412 acre land are concentrat-ed 
in Gurgaon. Faridabad managed 6 while 
Gwal Pahari—a nondescript place got one. 
30.9.2007 Policy for release of land 
from acquisition 
Policy formed vide letter no.5/30/2007-2TCP 
26.10.2007 Policy for release of land 
from acquisition 
The earlier policy formed just 26 days back was super-seded. 
Salient features of this policy were: 
1. Only those applications will be considered for 
release under section 48(1) where structure exist-ed 
prior to section 4 and were inhabited. 
2. Any factory or commercial establishment which 
existed prior to section 4 will be considered for 
release. 
3. Any religious institution or any building owned by 
community will also be considered for release 
4. Any land for which an application was made 
under section 3 of Haryana Development and 
Regulations of Urban Areas Act, 1975 by the owners 
prior to award for converting the land into a colony 
5. Same for a land where the ownership was estab-lished 
prior to notification under section 4 of the 
Act. 
6. Land may be released in the interest of integrated 
and planned development where the owners have 
obtained stay from courts 
7. Government may release any land on the grounds 
other than stated above under section 48(1) of the 
Act under exceptionally justifiable circumstances 
but reasons are to be recorded in writing 
It is obvious that these revised guidelines were 
framed to allow big commercial and religious 
interests to openly misuse the system. 
1. All it takes for a builder is to claim and 
prove—at least on paper that the 
structure existed prior to section 4 and 
is inhabited. 
2. Why special favours for factories and 
commercial establishment which existed 
prior to section 4? This simply indicates 
that either section 4 was not required or 
now a back door is being opened. 
3. Why should religious institutions be 
shown special favours? 
4. The act seeks to regulate the land use and 
prevent ill-planned, haphazard urbanisa-tion 
in Haryana and section 3 deals with 
detailed process an owner desiring to con-vert 
his land into a colony has to follow – 
in other words it means that the owner 
prior to the award was himself interested 
in conversion of the land into colony. 
5. When a court has granted stay, where is 
the question of releasing the land? 
20-11-07 Change of Land Use for 
buildings that existed 
before declaration of 
Controlled Area 
No additional CLU should be required where ground 
coverage or permissible FAR has already been 
achieved up to 75% of the permissible limits. 
01-02-08 Policy for Change of 
Land use permission for 
buildings that existed 
before the declaration 
of controlled area 
t MM DPOTUSVDUJPO GBMMJOH JO TFUCBDL CFGPSF EFDMBSBUJPO 
of controlled area, to be retained as is, benefit of 
60% ground coverage to be given. 
t QQMJDBOU XJMM OPU SBJTF BOZ DPOTUSVDUJPO PO UIF 
subsequent floors falling in the setback area, no 
new construction to be allowed in setback area. 
27.03.2008 One time relaxation to 
private schools, whose 
applications are 
pending in Education 
Department for want of 
recognition 
t /PSNT NFOUJPOFE JO EVDBUJPO 3VMFT    
to apply to applicants, whose applications are 
pending in the Education Department.. 
t 4DIPPMT FYJTUJOH JO UIF SFTQFDUJWF ZFBS UP CF USFBUFE 
as per prevalent Education Rules. 
t 5IF DBTFT NBZ CF DPOTJEFSFE
 XIFSF NJOJNVN 
lease period is of 20 years. 
t 4BNF QBSBNFUFST NBZ BQQMZ JO 6SCBO SFBT UP QSJ- 
vate school whose applications are pending for 
recognition in the Education Department 
Please note how the town and country 
planning department is providing legitimacy 
to private schools and institutions which are 
yet to be recognised by the education 
department 
Could it be because the CM’s son-in-law Kunal 
Bhadoo is himself in the field of education? 
PPI contd. on next page
PETITION IN PUBLIC INTEREST 
haryana real estate 
Date Name of policy Salient initiative Beneficiary / Analysis 
13.05.2008 Policy regarding remov-al 
of height restriction 
of building for group 
housing colony and 
commercial colony 
28 gfiles inside the government 
vol. 7, issue 11 | February 2014 
www.gfilesindia.com 1. Removal of limit on maximum height of buildings 
in Group Housing and Commercial Colonies for 
which licenses are issued under Haryana Urban 
Development and Regulation of Urban Areas Act, 
1975 
2. Town  Country Planning Department notification 
No. 8DP(ii)-2004/483, dated 22.12.2004 withdrawn 
Policy likely to affect 391 Group Housing 
society projects in Gurgaon, Bahadurgarh, 
Daruhera, Faridabad, Jajjar, Karnal, Palwal, 
Panipat Rewari, Pinjore and Sonipat covering 
5451 acre and 57 commercial projects mostly 
in Gurgaon over 343 acre 
One of those who applied for 2 licenses in 
Com zone in Gurgaon, sector 83 was Venod 
Sharma—a childhood friend of Hooda who 
applied as Piccadily Hotels 
30-5-2008 Radha Swami Satsang 
Beas Deras 
Scrutiny fee of `10/- per sq metre on the entire site. In 
return maximum permissible ground coverage and 
Change of Land Use permission on vacant lands 
Such a low rate —`10 per sq/ metre 
15.09.2008 Policy regarding grant 
of license to Cooperative 
Housing Societies. 
License only to those Registered Cooperative Housing 
Societies who collaborate with builders/ developers 
who have financial and technical expertise for 
development of residential colonies. 
27.3.2009 Registration of 
independent floors for 
the residential plots of 
licensed colonies 
Registration of independent floors shall be allowed 
in residential plots—180 sq yards or above. 
t BDI VOJU TIBMM CF EFTJHOBUFE BT A*OEFQFOEFOU 
Floor and recognized as a distinct, identifiable 
property with a separate identification number, 
along with proportionate rights in the declared 
common areas and common facilities, rights of 
access, easements and other ownership rights as 
well as the right to use, transfer or dispose off the 
property in accordance with the rules. 
t 0XOFS PG FBDI A*OEFQFOEFOU 'MPPS UP CF FOUJUMFE 
to separate water supply and electricity connec-tions 
subject to building regulations/ rules of 
Power Utilities. 
BPTP—In Jan 2009, Haryana Government 
permitted registration of independent floors 
on residential plots. BPTP took the advantage 
by switching over from plotted housing to 
independent floors and started offering three 
bedroom houses at nominal prices. In this 
manner the company was able to launch and 
sell 4,997 units in “Park Elite Floors’ in just 5 
months. In August 2009, phase II of Park Elite 
Floors was raised out of payments received 
from 94% customers in phase I. By late 2009, 
BPTP had received `2.41 billion in payments. 
29.05.2009 Policy for Low Cost/ 
Mass Housing Projects 
85% of the dwelling units approved under such 
scheme shall be done through the Government of 
Haryana at a predetermined cost 
20.08.2009 Policy for Low Cost/ 
Affordable Housing 
Projects 
1. The aim of this policy was to provide different 
categories of affordable housing priced at `4 lakh, 
`12.5 lakh, `14 lakh and `16 lakh 
2. This scheme was open only for three months 
10 leading builders were licensed 200 acre 
land in Gurgaon to build 40,000 units. Not a 
single apartment has been handed over. 
20.08.2009 Amendment in policy 
dated 19.12.2006, 
29.5.2009 for grant of 
Group Housing 
Component as a part of 
plotted colony and 
increase in density. 
Fallout of a meeting of CM Haryana with colonisers 
on 14 July: 
t %FWFMPQFST TFFLJOH MJDFOTF GPS B QMPUUFE DPMPOZ 
allowed maximum 10% area for group housing 
over and above existing 20% limit for group 
housing in a sector 
t 1SPQPTBM WBMJE GPS POMZ POF NPOUI 
214 licenses for 13,448 acre land – for plotted 
colonies—highest single category of land 
sold in Haryana. Top beneficiaries who have 
cornered almost 50% of land for plotted colo-nies 
are BPTP (1375 acre), Ansal (1209), Udhar 
Gagan + Sonika+ Vipul (886), InTime (865), 
Omaxe (754), Parsavnath (646) and DLF (491 
acre). 
22.12.2009 Policy on Original 
Municipal Limits/ 
Extended MC limits
29 
Date Name of policy Salient initiative Beneficiary / Analysis 
29.04.2010 Occupation Certificate 
and composition of 
offence where change 
of land use permission 
has expired. 
t QQMJDBOU UP QBZ TDSVUJOZ GFF BOE EJGGFSFOUJBM 
amount if any, toward increase in the prescribed 
rates if any from the date of application for grant of 
occupation certificate. 
t QQMJDBOU XJMM BMTP CF SFRVJSFE UP QBZ UIF QFOBMUZ 
for unauthorised occupation of the building as 
well as EDC at updated rates 
Change of land-use to general category 
group housing alone has made different 
builders richer by around `4,000 crore. 
17.5.2010 Change of Land Use 
permission for Fuel sta-tion/ 
Retail Outlet, 
Educational institutes in 
Controlled Areas. 
Those wanting to open educational institutes in con-trolled 
areas were required to get Genuineness 
Certificate from the DC before being considered for 
change of land use permission. DC would issue the 
NOC after receiving reports from various Departments. 
On the plea that this delay in decision making was 
causing harassment to public and in order to speed 
up the cases, the Government decided that: 
t (FOVJOFOFTT $FSUJGJDBUF JT OPU SFRVJSFE JO DBTF PG 
Retail Outlets in the controlled areas as the DC 
seeks reports from different departments before 
issuing the final NOC. 
t *O DBTF PG FEVDBUJPOBM JOTUJUVUJPOT UIF %. NBZ 
issue Genuineness Certificate based on his his/her 
assessment of the promoter and after seeking 
report from the Education Department or any 
other competent regulatory agency. 
16.06.2010 Educational Facilities in 
the Urban Areas/ 
Controlled Areas 
Uniform norms for Educational Institutions in 
residential colonies being developed by HUDA, 
Colonisers and Change of land use cases in controlled 
areas as well as municipalities. 
24.01.2011 Policy regarding release 
of land from acquisition 
Release of any land on grounds other than stated 
under Section 48(1) under exceptionally justifiable 
www.indianbuzz.com gfiles inside the government 
vol. 7, issue 11 | February 2014 
circumstances to be recorded in writing 
Prime Priorities Areas of Hooda government 
1 Policies for Easy and On Demand Change of land Use – Main focus of Hooda government 
2 Policies on land acquisition 
3 Policies relating to group housing/ plotted colonies 
4 Policies related to recognised and yet to be recognised educational institutes 
5 Policies for IT Parks/Cyber Parks 
6 Policy for Cooperative Housing Societies. 
7 Policy for Low Cost/ Mass Housing Projects PPI contd. on next page
PETITION IN PUBLIC INTEREST 
haryana real estate 
“blatant misuse of power”, the court 
quashed the allotment of the property 
worth millions just three kilometres 
from Sukhna Lake. “This court cannot 
shut its eyes to a patently illegal act 
committed by the State in showing 
favouritism to a person who had been 
a senior functionary in the State, 
“Justices MM Kumar and Rajesh 
Bindal observed while directing 
HUDA to refund the amount received 
from Prasher for the plot. 
INCIDENTALLY, the order to allot 
the land was passed by Hooda. 
Likewise, it was Hooda who had 
allowed Ponty Chadha to monopo-lise 
the liquor trade in Gurgaon and 
Faridabad for about eight years till 
2006. There was a time when Chadha 
used to own 130 vends in Gurgaon 
and 150 in Faridabad. This is when 
something happened between the 
30 gfiles inside the government 
vol. 7, issue 11 | February 2014 
www.gfilesindia.com two and, while the Haryana govern-ment 
changed the excise policy and 
system of bidding, Chadha decided to 
withdraw. 
The arbitrary and ad-hoc manner 
in which decisions are taken or altered 
in Hooda’s tenure can be judged from 
the following two examples: 
x Dwarka Expressway: A 
disputed stretch of 4 km is holding 
up the Northern Peripheral Road, 
also known as Dwarka Expressway, 
connecting Dwarka with National 
Highway 8—an alternate link 
road between Delhi and Gurgaon. 
Though this 18 km long road was 
to ease the traffic on the Delhi- 
Gurgaon Expressway, at the last 
minute powerful builders like Navin 
Raheja allegedly managed to get the 
alignment of the Dwarka Expressway 
changed. Now instead of passing over 
empty land, over 300 houses in New 
Palam Vihar Colony would have to 
be demolished to make way for the 
road. How to safeguard the interests 
of the thousands of householders 
without sacrificing the commercial 
HAT’S off to the Hooda govern-ment 
for mastering the misuse 
of change of land use (CLU) 
and the Land Acquisition Act, 1894. 
Here are a few illustrative examples 
of what actually happens: 
‡ 3HRSOH VWDUWHG SDQLF VDOH 
after a government notification to 
acquire land about three years ago 
in Ullahwas. Private builders took 
advantage of the situation and 
bought land for `3-4 crore per acre. 
After the final notification, once it 
became clear that the farmers could 
not sell their land, the developers 
reduced the offered price to `2–2.5 
crore. Still, the remaining farmers 
sold off 100-150 acres. Once the sale 
deeds were executed, the sold lands 
were released by the government. 
In this process, poor villagers lost 
their ancestral land but the develop-ers 
became stinking rich. 
‡ DSLWDOLVLQJ RQ WKH IHDU SVFKR- 
sis after HUDA issued preliminary 
notification under Section 4 of the 
Land Acquisition Act—in Ullahwas, 
Behrampur, Kadarpur, Ghata, 
Badshapur and Medawas—to acquire 
1,417 acres of land for Sectors 58-63, 
Gurgaon, private builders spread the 
word that the government would offer 
low compensation rates. This helped 
them corner large chunks of land at 
throwaway prices in June 2009. 
‡ 5HIXVLQJ WR EH FDXJKW LQWR WKH 
trap after HSIDC issued a notifica-tion 
to acquire 912 acres of land in 
Manesar, some smart landowners 
entered into agreement with private 
developers and applied for change of 
land use. Within two years of the final 
notification, the land acquisition pro-cess 
was scrapped. 
‡ $IWHU WKH ODQG DFTXLVL- 
tion notice, farmers in Jandli, Kamli, 
Saunda and Sarai Mehdood sold large 
Modus operandi: New highways open 
up land acquisition opportunities for 
builders (top right); the entry to 
Dwarka-Gurgaon Expressway (below)
gfiles inside the government 
www.indianbuzz.com vol. 7, 31 
issue 11 | February 2014 
chunks of land to Alaska Construction 
and Vatika Ltd. Soon after, the farmers 
entered into a sale deed with Rajnish 
Sharma, MD of Alaska Construction and 
Venod Sharma’s cousin. The land was 
then released under Section 5-A of the 
Land Acquisition Act. 
The modus operandi to favour select 
builders is very simple and ‘legal’. The 
only condition is that an official gov-ernment 
agency, like the HUDA or the 
Haryana Housing Board or HSIDC, is 
to be kept in the forefront. Even today, 
the Land Acquisition Act, 1894, enacted 
first in the 18th century Bengal, is one 
of the unusually harsh and draconian 
laws with lot of discretionary executive 
powers. Cumbersome and costly proce-dures 
make it a dreaded tool of State 
oppression. It provides the legal basis 
for acquisition of privately held land by 
the government for public purposes. 
“Public purpose” under the Act means 
educational, health institutions, hous-ing, 
slum or rural development schemes 
for general public welfare. 
The process begins with a prelimi-nary 
notice under Section 4 of the Act 
for acquisition of land needed or likely 
to be needed for any public purpose 
and a notification from the district col-lector’s 
office is published in the Official 
Gazette and two daily newspapers. 
The biggest flaw in the Act is that— 
even in those cases where the land is 
genuinely required in public interest 
—there is a considerable difference 
between the market value of the prop-erty 
and price offered to the landowner 
by the land acquisition officers. Once 
this notification is made, the owner is 
prohibited from selling his property, 
disposing it off or doing anything that 
might affect its value or compensa-tion— 
without the prior permission of 
the collector. In rural India, where agri-cultural 
land is being passed on from 
one generation to another and there 
are multiple owners and joint families, 
this puts the fear of God in the mind of 
the landowner. 
Exploiting this loophole in the law, 
private builders, developers and col-onisers 
then approach farmers and 
landowner, offering them slightly 
more than what they expect from the 
government. Most farmers give in at 
this stage. However, if the landowner 
refuses, the government department 
issues a declaration under Section 
6. The Deputy Commissioner, or any 
other competent authority, may then 
take possession of the land imme-diately, 
which shall thereupon vest 
absolutely with the government, 
free from all claims, whatsoever. 
Usually this makes the most reluc-tant 
landowners/ farmers to accept 
the builder’s offer. Once the deal is 
brokered, the new owner—the build-er— 
approaches the TCP Department 
to award a license for development 
of land in the stipulated Master Plan 
area, under Section 9, and withdraw 
the acquisition notice. 
As per law, the government is at 
liberty to withdraw from acquisi-tion 
of land under Section 16 of the 
Act at any stage before the physical 
possession of land. So, in a smooth 
and legal manner, the government 
withdraws its acquisition notice and 
private developer makes his millions 
from the instant price escalation. 
Another related issue is change 
of land use. This invariably requires 
payment of EDC and official con-version 
charge, besides an “unof-ficial 
convenience fee” of anywhere 
between `25-50 lakh per acre, for 
smooth, speedy and hassle-free 
change of land use. The change of 
land use seemingly has been one of 
the unwritten key policies of Hooda 
government, which has allowed 
conversion of 21,000-acre land from 
agricultural to residential, industrial 
or commercial over the last seven 
odd years. 
MODUS OPERANDI: HOW 
FAVOURS ARE GRANTED LEGALLY 
PPI contd. on next page
PETITION IN PUBLIC INTEREST 
haryana real estate 
HARYANA today is not a State, but 
real estate. Agricultural, forest or 
defence, every bit of land in any 
corner of the State is up for sale. And 
the person responsible for it—Hooda 
—is behaving not as the Chief Minister 
but Chief Marketing and Business 
Development Officer of Haryana. 
First let’s understand why Haryana 
is in need for such developmental 
over-drive? The simple answer is that 
Haryana envelops Delhi on three sides 
with well defined roads, rail, nation-al, 
international airports and other 
infrastructure. Almost 29 National 
Highways, covering over 1,461 km, 
2,494 km-long State Highways and 
South Asia’s oldest major road Grand 
Trunk (GT) Road pass through the State. 
Gurgaon is today the fastest growing 
and most talked-about business hub 
with the highest concentration of mul-tinational 
corporate offices. It is soon 
going to have the `1,000 crore Rapid 
Metro Rail—India’s first wholly private 
(ILFS 74 per cent equity share and DLF 
26 per cent) railway project. But, while 
Gurgaon has so far overshadowed other 
areas like Faridabad, Sonepat, Panipat, 
and Karnal, this hierarchical imbalance 
is not going to last long. Even many 
insignificant and relatively unheard of 
places like Kondli, Manesar, Rewari, 
Hissar, Palwal, Bhiwani, Bahadurgarh, 
Jhajjar and Bawal are queuing up to 
break the economic glass ceiling. The 
effect of all this is a feverish pitch to 
acquire land and identify new areas for 
infrastructure development to meet the 
needs of the growing population for 
luxury, economy and low-cost housing, 
commercial and entertainment centres, 
public utilities, parks, and other urban 
civic facilities. 
32 gfiles inside the government 
vol. 7, issue 11 | February 2014 
www.gfilesindia.com Expressway, or Kundli-Mansear- 
Palwal (KMP) Expressway, is going 
to connect Kundli, Sonipat, Manesar, 
Gurgaon, Faridabad and Palwal. It 
will cross NH-1 near Kundli, NH-2 at 
Palwal, NH-8 at Manesar and NH-10 
at Western Bahadurgarh. Many inves-tors 
are investing in residential and 
commercial projects on both sides of 
the expressway. Since the commence-ment 
of work on the Expressway, land 
prices in Kundli have increased from 
`25 lakh per acre to `1.5 crore per 
acre. Almost 242.55 acre land from 14 
villages has been acquired for Dwarka 
Expressway, also called Northern 
Express Road or Northern Peripheral 
Road, which will cut down travel time 
between Delhi, Gurgaon and Manesar. 
This is going to be the lifeline for major 
housing projects in Gurgaon-Manesar. 
Almost 26 new sectors (99 to 115 and 
58 to 67) are being developed along 
this Expressway. Phase III of Metro 
rail on this route will link IGI Airport 
and Dwarka. Further, 12 specialised 
hubs—including Education City (5,000 
Development Overdrive? 
The biggest blockbuster, of course, 
is the 1,483 km-long Delhi-Mumbai 
Industrial Corridor (DMIC)—a mega 
US$90 billion infrastructure project 
connecting Delhi and Mumbai—being 
built with financial and technical aid 
from Japan. The highlights of this project 
include a Golden Quadrilateral National 
Highway and a Multi-modal High Axle 
Load Dedicated Freight Corridor (DFC) 
running parallel to each other between 
Delhi and Mumbai. Starting from 
Dadri, in Delhi NCR, these would pass 
through six States—Uttar Pradesh, 
Delhi, Haryana, Rajasthan, Gujarat and 
terminate at Jawaharlal Nehru Port in 
Mumbai, Maharashtra. Over 60 per cent 
area of Haryana is directly or indirectly 
influenced by DMIC. Several top-of-the-line 
industrial estates, clusters, indus-trial 
hubs and investment regions, like 
Sonipat-Kundli and Manesar-Bawal, 
are being developed along this corridor 
with the help of grants and loans from 
Indian and Japanese governments as 
well as investments by Japanese and 
Indian firms. The project area of this 
ambitious DMIC project extends up 
to 150 km on both sides of the Delhi- 
Mumbai Dedicated Freight Corridor 
and opens floodgate of opportunities 
along NH-8, NH-2, NH-1 and NH -10 for 
industrial, urban and supporting infra-structure. 
Already Bawal has evolved 
as a mega industrial hub with a large 
numbers of multinational companies 
lining up to set up their manufacturing 
bases. Besides these, two investment 
regions at Manesar-Bawal-Nimarana 
and Kundli-Sonepat, as well as two 
mega industrial areas are coming up at 
Faridabad-Palwal and Rewari-Hissar to 
capitalise on the locational advantages. 
A 135.6 km-long Western Peripheral
gfiles inside the government 33 
vol. 7, issue 11 | February 2014 
acres), Sample Township (8,401 acres), 
Cyber City (470 acres), Bio-sciences 
City (1,370 acres), Jahangirpuri-Badli 
Township (14,226 acres), Fashion City 
(544 acres), Entertainment City (346 
acres), World Trade City (650 acres), 
Dry Port City (1,770 acres), Leather 
City (691 acres) and Leisure City (1,853 
acres)—would be developed along 
the KMP Expressway. The Southern 
Peripheral Road and the Northern 
Peripheral Road (Dwarka Expressway) 
will form a ring around Gurgaon, allow-ing 
long-distance inter-city and inter- 
State vehicular traffic to bypass the 
Gurgaon Expressway (NH8). 
That’s not all, also on the anvil are 
a Delhi-Gurgaon Expressway with the 
largest 32-lane toll plaza in Asia on 
NH8, a 8-lane flyover on Badarpur- 
Faridabad stretch of Mathura Road 
and a 4-lane highway in Yamuna Nagar 
and Panchkula—connecting Haryana 
to Chandigarh (without entering 
Punjab). Haryana already has Metro 
Rail connecting Gurgaon, Faridabad 
and Bahadurgarh to different parts of 
Delhi. Many universities and colleges 
are coming up in Khanpur, Murthal, 
Karnal, Mewar and Faridabad. A 
women’s university and Rajiv Gandhi 
University—on the pattern of Oxford 
University in Sonipat—a central univer-sity 
in Mahendragarh, Lala Lajpat Rai 
University of Animal Sciences in Hissar 
and the first defense university in 
Gurgaon should transform Haryana into 
an international commercial and edu-cational 
hub in the next 5-7 years. Half 
of Haryana’s over 20,412 sq kmform 
part of NCR India's largest and world's 
second-largest agglomeration with a 
population of 22,157,000. Haryana also 
takes pride in the fact that large part of 
its area is covered under the NCR, for 
which NCRPB is providing soft loans up 
to 75 per cent of the project cost. 
Prima facie it may seem that Hooda 
stole a march over Sheila Dikshit who 
used to say that people from neighbor-ing 
States could come, work and use 
Delhi’s infrastructure. Hooda’s logic 
makes better sense from the point of 
view of NCR—to develop Haryana as a 
sub-region so that people from nearby 
areas do not have to migrate or travel to 
Delhi and the influx of Delhi’s floating 
population is arrested. 
But, Hooda has ended up causing 
more harm than good to Haryana. In 
the speed to ‘market’ Haryana and 
develop it, he has ended up widening 
the gap between the rich and the poor 
and ignored the real needs of people. 
Haryana needs development, but not at 
the cost of its citizens. 
How many farmers in Haryana, or 
their children, are going to benefit from 
the integrated investment regions, 
mega industrial areas, malls, multi-plexes, 
IT cities, educational, entertain-ment, 
world trade and fashion hubs 
being set up on the land of their fore-fathers? 
Some of them have suddenly 
found tonnes of money in their pock-ets, 
but without the means to spend 
it wisely. In most cases, the price of 
all this will have to be paid in terms of 
depression, suicides, family disputes, 
drunken brawls, oppression of widows, 
exploitation of weaker sections and 
social tensions over distribution of the 
compensation amount. Likewise, how 
many of the literate farming youngsters 
would suddenly land up with smart, 
sophisticated white collar jobs in IT, 
multinational and mega-million dollar 
corporate giants? A bulk of the vacan-cies 
in such companies will be filled by 
highly technical foreigners, NRIs and 
highly qualified public school-educated 
Indians and the poor citizens of Haryan 
might be deemed fit only to serve as 
low-paid security guards, peons, driv-ers 
or conductors in DTC and Haryana 
Roadways buses, or low-level consta-bles 
in Delhi and Haryana Police. Is this 
is what’s called development, progress 
and prosperity? Who wins if Haryana 
and Haryanvis lose? 
PPI contd. on next page 
Builders line the main roads of Gurgaon to 
sell their projects
PETITION IN PUBLIC INTEREST 
haryana real estate 
interest of the builders/developers, 
is proving to be a tricky legal issue. 
That is besides the interests of people 
of Sai Kunj, New Palam Vihar Phase- 
III in Gurgaon, whose land too was 
proposed to be acquired by Haryana 
government. 
x Northern Express Road: 
About 618.5 acres were acquired from 
Pawala Khasroorpur, Chauma and 
Kherki Dhaula villages for construc-tion 
of a 150-metre wide and 25 kil-ometre- 
long Northern Express Road. 
This was expected to cost `120 crore 
and reduce the travel time between 
Delhi and Gurgaon, but nothing has 
been done because of protracted 
litigations. Fifteen kilometres of 
this road passes through suburban 
Gurgaon and 10 km through Delhi. 
As things stand today, while HUDA 
has acquired the land, it cannot take 
How Uddar Gagan Properties got absolute monopoly in Rohtak 
Licenses Area Land Licenses in Hooda Regime since 2005 
16 Rohtak 958 acre 
Jop International Ltd. RGH 6.09 
Omaxe Construction Plotted 77.48 
Omaxe Construction Plotted 41.91 
One Point Realty Plotted 59.66 
One Point Realty Addl. Plotted 13.44 
Parsavnath Developers Plotted 118.19 
Ramesh Chander Plotted 4.4 
Sharad farms and holdings GH 14.81 
34 gfiles inside the government 
vol. 7, issue 11 | February 2014 
www.gfilesindia.com 636.75 
Acre 66.5 % 
Sonika Properties Plotted 175.64 
Sonika Properties Plotted 173.03 
Sonika Properties Plotted 19.97 
Uddar Gagan Properties Pvt. Ltd. Plotted 92.73 
Uddar Gagan Properties Pvt. Ltd. Plotted 15.8 
Uddar Gagan Properties Pvt. Ltd. Addl. Plotted 32.45 
Uddar Gagan Properties  Others Plotted 60.43 
Uddar Gagan Properties  Others Plotted 51.89 
Total 957.92
ONE can’t but feel sorry for BhupinderSingh 
Hooda, who is wearing a crown of thorns. 
At any given day, he has more enemies 
within the Congress than outside. What is worse, 
most of his one-time friends, supporters and 
cabinet colleagues are among his sworn enemies. 
The list of such friends-turned-foes includes four-time 
MLA and heavyweight former State cabinet 
minister Kiran Chaudhary and her daughterShruti 
Choudhry, the Lok Sabha MP from Bhiwani- 
Mahendragarh. Kiran Chaudhary’s husband, late 
Surender Singh, was two-time MP and Haryana 
Agriculture Minister, and her father-in-law, Bansi 
Lal, was the Chief Minister of Haryana. Likewise, 
former PWD Minister Randeep Singh Surjewala, 
former Finance Minister Capt Ajay Singh Yadav, 
Rao Inderjit Singh 
his son Chiranjeev 
Rao, who heads 
the Haryana Youth 
Congress, Gurgaon 
MP Rao Inderjit Singh, 
former Union Minister 
Kumari Selja, AICC 
general secretary 
Birender Singh and 
Rajya Sabha MP Ishwar Singh are all friends-turned- 
foes. Many senior Congress leaders, like 
Capt Ajay Singh Yadav, Kumari Selja, Rao Inderjit 
Singh and Birender Singh, have gone to the 
extent of accusing Hooda of a development bias 
and favouritism towards members of a particular 
caste in government jobs. The Chairman of 
Haryana Staff Selection Commission and a 
close relative of Chief Minister Hooda allegedly 
played a key role in most of these appointments. 
Significantly two arch rivals—Capt Yadav and 
Rao Inderjeet Singh—shed their differences and 
joined hands to support the demand of 51Ahirwal-dominated 
villages of Rewari District whose 455 
acres of land was sought to be acquired by HUDA 
to develop two residential sectors. 
gfiles inside the government 
www.indianbuzz.com vol. 7, 35 
issue 11 | February 2014 
possession because of a restraint 
order by the Punjab and Haryana 
High Court till the final order. In the 
first place, there was no need for the 
road to pass through residential areas. 
Secondly, the original path was alleg-edly 
altered in the Master Plan after 
it was discovered that it might other-wise 
run through a commercial plot. 
Most builder friendly CM 
Hooda should go down in history 
as the most builder friendly Chief 
Minister. His is one of the most cor-rupt, 
pro-builder and anti-farmer 
Chief Minister Haryana has seen in 
the last couple of decades. Political 
pundits allege that big builders, cor-porate 
houses and industrialists run 
the government; he is just a proxy— 
CRY IN THE WILDERNESS 
FEEBLE VOICES 
Such photographs are used for newspaper 
advertisements to show ongoing 
construction to woo consumers 
PPI contd. on next page 
Kumari Selja 
Capt Ajay Singh Yadav 
Birender Singh
PETITION IN PUBLIC INTEREST 
haryana real estate 
Questions for Hooda 
1Has Haryana government ever 
investigated the antecedents and 
credentials of the companies before 
they were allowed to acquire land in 
Haryana and engage in colonisation, 
buildings and consolidations of land? 
2Has any one, including the income-tax 
department, ever enquired the 
source of funds flowing into these 
companies, as also the fact whether 
their net worth matches that of the 
value of land they own, or have 
acquired? 
3Has the Haryana government 
checked the antecedents of the 
Chairman/ Managing Director/ 
Directors of the companies engaged in 
land acquisition and colonisation? 
4Has the Haryana government, or 
any relevant agency, investigated 
the changing shareholding pattern of 
the companies that have acquired 
huge land in Haryana? It is suspected 
that by changing the shareholding 
pattern—by selling a big stake—these 
companies transfer the land in the 
guise of transferring the share, due to 
which the government has suffered 
huge revenue losses. 
5Has any concrete action been taken 
by the Land Revenue Department 
to assess and recover the said losses? 
6Has the Haryana government 
asked for compliance reports from 
builders, colonisers and land 
consolidators regarding the 
completion of the projects, as claimed 
by them in the newspapers? 
36 gfiles inside the government 
vol. 7, issue 11 | February 2014 
www.gfilesindia.com 7How many builders and colonisers 
have been fined by the government 
on the issue of non-compliance? 
8Has the Haryana government 
investigated why builders, colonis-ers 
and land consolidators are charg-ing 
extra amount on flimsy grounds 
from customers due to the delays in 
the project, whereas the customer is 
not responsible for any delay. 
9Has the Haryana government 
developed any mechanism to 
address and rescue the customers 
from the clutches of builder’s mafia for 
non-compliance of the terms and con-tracts 
of the buyer-seller agreement 
and delay of the project? 
10How many cases have been 
filed against various builders in 
various courts, including the Punjab 
and Haryana High Court, and what are 
the issues these cases raise? 
11How almost 1,684 sq km forest 
area in the State has become 
barren? 
12What was the rationale behind 
holding all departments related 
to land and urban development with 
yourself? Was there no competent MLA 
in entire Haryana Assembly or was it to 
control land deals? 
13It is alleged that as the Chief 
Minister, you are responsible 
for conversion of vast stretches 
(approximately 3,500 sq km) of fertile 
and cultivable land into jungles of con-crete. 
Your comment. 
14Why did you change the exist-ing 
policy on April 24, 2007, to 
redefine the term “reputed coloniser”? 
Was it done with the ulterior motive to 
pave the way for backdoor entry of cer-tain 
developers of your choice? 
15Why did you give one-time 
relaxation to private schools 
run by your coterie through Town and 
Country Planning Department on 
March 27, 2008, despite their applica-tions 
being pending with education 
department for want of recognition? 
Was it done to accommodate your son-in- 
law, who is in the business of edu-cation 
and has ambitious plans in this 
sector? 
16Is it true that your policy dated 
September 15, 2008, regarding 
grant of licences to only those cooper-ative 
housing societies who enter into 
collaboration with reputed builders 
with certain financial qualification, was 
allegedly created to benefit the build-ers 
of your choice? 
17Why did you give an extended 
time limit to builders to con-struct 
the project up to 15 years, 
bypassing the earlier limit of two years 
from date of possession. It is alleged 
that the order was issued to favour the 
group of builders of your choice? 
18Is it true that your government 
has not yet utilised the amount 
of approximately `10,000 crore collect-ed 
towards External Development 
Charges (EDC) from the end consumers 
through the builders in the last five 
years for creation of basic amenities?
gfiles inside the government 
www.indianbuzz.com vol. 7, 37 
issue 11 | February 2014 
19 Why did you gift HUDA resi-dential 
plots to present and 
former Haryana MPs and MLAs at 
Mansa Devi Complex, Panchkula, at 
throwaway prices of `28 lakh each 
when the worth of the those plots was 
at least `1.5 crore each in the open 
market? 
20Is it true that the beneficiaries 
in the above largesse included 
your son Deepender Singh Hooda, 
besides Kumari Selja, Venod Sharma, 
Kiran Chaudhary, Navin Jindal, 
Raghuveer Kadian, Randeep 
Surjewala, Phool Chand Mulana, 
Captain Ajay Singh Yadav, Chander 
Mohan, Hansraj Bhardwaj and 
Shamsher Singh Surjewala and select 
officers of your choice? 
21Why was the direction of 
Dwarka Expressway changed? 
Was it done to safeguard the 
commercial interest of some of your 
favoured builders/developers at the 
cost of hundreds of residents of Palam 
Vihar area in Haryana? 
22Why did you change the origi-nal 
path of Northern Express 
Road? It is alleged that it was sanc-tioned 
to please some of your favourite 
builders and developers? 
23Why did you shift the powers 
of the DTCP to grant or refuse 
the licences to the office of the minis-ter 
in-charge, which happens to be the 
Chief Minister, i.e yourself? Don’t you 
agree that this was done to directly 
benefit builders like BPTP? 
24 Why did the State define 
‘Reputed Builder’ to those 
allotted the first and the single licence 
under HUDA 1975 Act? 
25Is it true that you favoured 
prominent builders—like DLF, 
Unitech, BPTP, Ansals, Vatika Ltd, 
Suncity Projects, Emaar MGF, Bestech 
Ltd, Raheja Developers, TDI and 
Omaxe—in May 2009 by one-time 
relaxation under the garb of reserving 
10 per cent area for low-cost housing 
in their group housing colonies, which 
allegedly no builder complied with? 
26Why no action has been taken 
against the said defaulting 
builders? 
27Why did you bring in the policy 
of removal of height restric-tions 
for group housing and commer-cial 
projects? This order allegedly 
doled out benefits/favours to 391 
group housing societies and 57 com-mercial 
projects. 
28What was the rationale behind 
increasing the per hectare 
population density in Haryana? 
29You have allegedly created 
three Master Plans which will 
create concrete jungles without provid-ing 
the provisions of water, electricity, 
sewerage, etc. Your comment? 
30As per the norms, one plan is 
implemented in full and only 
then another plan is envisaged. You 
have stated that you will implement 
the Master Plan of 2031. Who has 
given you this mandate as your 
mandate is only till 2014? Are you so 
sure of retaining power for another two 
decades? 
31Why have you created a virtual 
monopoly of builders in differ-ent 
parts of the State? Like in Rohtak, 
where different subsidiaries of Sonica 
Builders control 66.5 per cent of the 
total land licences allotted in your 
regime. The same story is there in 
every district of Haryana. 
32Why no action is being taken 
against the shell companies 
and subsidiaries of various builders, 
which are out to bypass the land 
holding laws in the State and also 
avoid registry charges on transfer of 
ownership of immovable property? 
33It is alleged that you and the 
State machinery have helped 
BPTP suddenly become the biggest 
and richest company in the State, 
with their business taking a quantum 
jump after you became CM. Your 
comment. 
34Why did you reduce the 
compounding and conversion 
fees for commercial properties? It is 
alleged that the decision was meant 
to benefit the select violators of 
building by-laws, who have also 
cheated the State exchequer. 
35It is alleged that the 
proposed changes in the 
Master Plan were leaked to favoured 
builders like Ramprastha, BPTP, etc., 
who took advantage of such 
information and purchased huge 
stretches of land in the very sectors, 
hence benefitting to the tune of 
thousands of crores. 
36It is alleged that the Haryana 
government is run by de 
facto chief ministers like Venod 
Sharma, Kunal Bhadoo, Arvind Walia, 
Anil Sharma, Sameer Gehlaut, KP 
Singh and Kabul Chawla. What made 
you allow these extra constitutional 
authorities to act on your behalf? 
PPI contd. on next page
PETITION IN PUBLIC INTEREST 
haryana real estate 
Hooda’s coterie 
the Haryana cadre, as his first Principal 
Secretary in March 2005. Tayal, who 
hails from Hissar, was his college 
friend and both had good rapport. A 
keen golfer, Tayal was known as a 
frank and blunt officer. It is reported 
that Tayal was brought in because 
he had the experience of Town and 
Country Planning. Sources disclosed 
that Chhattar Singh, a 1980 batch IAS 
officer, who was already working as 
Additional Principal Secretary was 
brought in as Principal Secretary at 
the recommendation of Tayal when the 
38 gfiles inside the government 
vol. 7, issue 11 | February 2014 
www.gfilesindia.com Builders’ mantra: Build dream 
houses, sewer pipes and civic 
amenities can wait! 
a rubber stamp. An example of how 
prominent builders manage to bend 
policy matters is seen in the meet-ing 
chaired by Hooda with repre-sentatives 
of DLF, Unitech, BPTP, 
Ansals, Vatika Ltd, Suncity Projects, 
Emaar MGF, Bestech Ltd, Raheja 
Developers, TDI and Omaxe in May 
2009. Assembly elections were round 
the corner and the government want-ed 
the developers to announce popu-list 
low-cost housing schemes. 
SO, at the behest of Vatika Ltd, 
Hooda announced a “one-time 
relaxation” for all those build-ers 
who applied for Group Housing 
Colony as part of their plotted colony 
by the next day and were prepared to 
reserve 10 per cent area for low-cost 
housing. In fine print it meant that 
a builder who agreed to do so would 
get to build four additional large flats 
per acre. In one instance, the govern-ment 
even announced 40,000 afford-able 
homes for `12.5-`16 lakh each. 
About 10 top-notch builders were 
given licenses for 200 acres of land 
in Gurgaon. But till date, not a single 
apartment is nearing completion. An 
irrefutable fact is that no one wants to 
build low-cost housing projects for the 
poor. The builders keep exploiting the 
sentiments behind it to get favours for 
themselves, but do not actually take 
such projects seriously. 
Another example of behind-the-scene 
administrative support is how 
HUDA first earmarked one million sq. 
ft land for open auction in Gurgaon’s 
Sector 29, but kept unnecessarily 
delaying the auction to give the build-ers 
a chance to sell their properties at 
high rates. 
A cruel joke, however, is how the 
new Gurgaon Master Plan tries to 
pack all economically weaker and 
low-income groups—expected to be 
around 42 lakh plus in 2031—on just 
Haryana Chief Minister 
Bhupinder Singh Hooda has 
been ruling the State with the 
help of his trusted officers for the 
last nine years. Hooda appointed 
ML Tayal, a 1976 batch IAS officer of 
ML Tayal Krishan Khandelwal Chhattar Singh SS Dhillon
50 hectares of land in Sector 68. This 
means confining them into unhy-gienic 
and insanitary ghettoes having 
population density of more than 1,125 
people per hectare. 
In his two stints over the last seven 
years, Hooda has broken all records 
of the past 23 years and granted over 
1,000 licenses to builders to develop 
all kinds of plots, group housing soci-eties, 
commercial plots, IT Parks, IT 
Cities and low-cost housing projects. 
While 12 of his predecessors managed 
to grant licenses for just 8,550.32 acres, 
Hooda has granted licenses for 21,447 
acres. A majority of these licenses 
PPI contd. on next page 
gfiles inside the government 
www.indianbuzz.com vol. 7, 39 
issue 11 | February 2014 
latter’s term was over. 
Hooda has looked after the interests 
of both the officers, given the long 
association and being privy to Hooda’s 
secrets, by respectably rehabilitating 
them. Tayal is the member of 
Competition Commission of India and 
Chhattar Singh is a Member of the 
Union Public Service Commission. 
Sudeep Singh Dhillon, a senior IAS 
officer of 1984, was appointed as the 
new Principal Secretary on August 30, 
2013. Dhillion, an upright officer, has 
varied experience of administration. 
He has also worked as Vice-Chairman 
of HUDA. 
The second most important officer is 
a 1985 batch officer, Dr Krishan Kumar 
Khandelwal. As Principal Secretary to 
the Chief Minister, he looks after 
media and public relations. 
Due to his innovative ideas and 
media management, Hooda won a 
good number of seats in the last 
assembly elections. Ironically, 
Dhillon and Khandelwal are at 
loggerheads but both are loyal to 
the Chief Minister. 
It is reported that apart from 
these two important functionaries 
of the Haryana Government, TC 
Gupta, Director General and Special 
Secretary, Town and Country 
Planning and Urban Estates 
Departments, 1987-batch IAS officer 
of Haryana cadre is eyes and ears 
of Hooda regarding land-related 
matters.
PETITION IN PUBLIC INTEREST 
haryana real estate 
Dwarka Expressway: 
Neither express 
nor way—just a 
speculators’ den 
40 gfiles inside the government 
vol. 7, issue 11 | February 2014 
www.gfilesindia.com THE Dwarka Expressway is a builder’s para-dise 
and customer’s nightmare. Bhupinder 
Singh Hooda must have been a dreamer in 
his life and must have been a good sketchmas-ter, 
believing in creating castles, towns, casinos 
on paper. The moment he got an opportunity to 
turn his visions into reality, he used the Haryana 
Development Authority’s map and drew a straight 
line bordering Gurgaon, which is now called the 
Dwarka-Gurgaon Expressway. It is a dreamland and 
goldmine for builders. According to the International 
Monetary Fund (IMF), the growth rate of India is 3.2 
per cent. The inference of this is that there is no 
major industrial activity happening in India. So, one 
needs a place where the resources can be placed for 
profit. Hooda has facilitated all the speculators and 
provided them with their playground—the Dwarka- 
Gurgaon Expressway. As per real estate experts, the 
expressway is a gold mine worth `2 lakh crore. It is 
definitely not just a connecting road from Dwarka 
to Gurgaon—but much more. There is not a single 
small or big builder who is not present there. Their 
colourful hoardings indicate the boundary walls of 
their money spinning mill, acres of what was once 
flourishing farmland.
gfiles inside the government 
www.indianbuzz.com vol. 7, 41 
issue 11 | February 2014 
gfiles team travelled to the expressway to ascer-tain 
first hand what is happening on the ground. It 
takes almost an hour to locate the expressway as 
nobody except the builders knows the exact loca-tion. 
One starts off from Palam Vihar’s 10-feet street, 
or the chaotic Old Bus Stand of Gurgaon, approach-ing 
a 20-feet road further and then going zig-zag 
through the village. Then you see a bizarre scene, 
the actual sketch drawn by Hooda on the ground 
– his dreamland. Nobody knows where the express-way 
connects or what it connects. The moment you 
reach the expressway and travel from one end to 
another, it is not a smooth journey at all. The obsta-cles 
are many – varying from open nalas, blockades, 
a temple and even houses. Or, suddenly the road 
just disappears. One has to go through a twisting 
kachha track to reconnect with the road. The only 
roads which seem to be of some calibre are the ones 
leading to builder plots. 
The builders have started basic construction, just 
to advertise in newspapers that actual site construc-tion 
is going on. This is to collect huge amounts of 
money from unsuspecting and honest customers, 
who are sitting miles away visualising designer 
houses at sites which are just fields and mud. The 
gfiles team visited one of the builders to see his 
model villa. It was truly a dream house. The price 
tag: `4.5 crore, but without water, electricity, road, 
hospital, schools, etc. 
The builders are there in full strength. When the 
expressway will see the light of day, nobody knows. 
But the villages and their acquired lands are already 
reduced to slums, turning the lives of the people 
there upside down. 
PPI contd. on next page
PETITION IN PUBLIC INTEREST 
haryana real estate 
and bulk of the land in the last seven-and- 
a-half years of Hooda rule have 
been cornered by a clique of just 33 
builders. These include Countrywide 
Promoters, Ansal Properties  
Infrastructure, DLF, New Gurgaon 
Home Developers, Intime Promoters 
(TDI), Omaxe Housing  Developers, 
Unitech, Vatika Land Base, Parsavnath 
Developers, Emaar MGF Land, IREO 
KSS Properties, Sonika, Chintals 
India, AN Buildwell, Bestech India, 
Uddar Gagan, Reliance Haryana SEZ, 
Rangoli Projects, India Bulls Estates, 
Vipul Infrastructure Developers, 
Dwarkadhis Buildwell, Raheja 
Developers, Ramprastha Buildwell, 
Pioneer Urban Land  Infrastructure, 
Herman Fin Properties, Grandeur 
Real Estate, Uppal Housing, Jai 
Krishna Artec JV, Mapsco Buildwell, 
Parveen Gupta, Vipin Gupta, ERA 
Infrastructure, Martial Buildcon, 
Desert Moon Realtors Pvt Ltd and 
Orris Infrastructure. Each of them 
can be said to be a direct beneficiary 
of Hooda’s benevolence in the sense 
42 gfiles inside the government 
vol. 7, issue 11 | February 2014 
www.gfilesindia.com that they have not only have managed 
to get large banks of 100 acres, but in 
a cool, calculated manner have been 
given virtual monopoly in different 
parts of the State. 
HOODA is the uncrowned king 
of Rohtak, which is often 
referred to as Haryana’s 
political capital. In Jat dominat-ed 
Rohtak, Hooda’s home district 
and political constituency, a clique 
of Sharad Farms and Holdings, 
Sonika Properties and Uddar Gagan 
Properties—all three subsidiaries 
of the consortium formed by Zee 
TV’s Essel Group, Action Group and 
Odeon Builders—has acquired almost 
636.75 acres of land. This gives them 
a virtual monopoly in the market 
with 66.5 per cent land licenses in the
A housing complex amidst a green 
belt flouts all ecological norms (left); 
rising dust adds to the pollution 
(bottom left) 
gfiles inside the government 
www.indianbuzz.com vol. 7, 43 
issue 11 | February 2014 
district since the day Hooda became 
CM in 2005. Similarly, in Panipat, 
Ansal Properties  Infrastructure 
has bagged 346 acre land and 25 
per cent of all licenses. The same 
story is repeated in Sonipat where 
Intime Promoters has managed to get 
887 acres of land and overall 29 per 
cent of all licenses. Ansal Properties 
 Infrastructure holds 75.6 per 
cent, i.e., 167.34 out of 221.24 acres 
licensed in Yamuna Nagar-Jagadhari 
and 125 acre, that is 33 per cent 
land licensed in Kurukshetra. Omaxe 
Construction commands Palwal 
market with 35.6 per cent land, 
while Baderwals Infraprojects, VPN 
Real Estate and Choice Real Estate 
Developers have complete monop-oly 
with 100 per cent land licenses 
in Mahendergarh, Sirsa and Bawal, 
respectively. Countrywide Promoters 
is the undisputed king of Faridabad 
with 1,282 acre of the 2,402 acre 
land sold—53.4 per cent of all the 
licenses. Gurgaon is a different ball 
game. Though Ansal Properties, 
Anant Raj Industries, Countrywide 
Promoters, Commander Realtors, 
Chintals India and Bestech India have 
all managed to have their own pock-ets 
of influence in the new areas, DLF 
Ltd has the overall edge in Gurgaon. 
Many of the builders use shell com-panies 
and subsidiaries for obtaining 
the land—circumventing the land 
ceiling act, done away with recently. 
A common practice among develop-ers 
is to have a matrix of companies to 
conceal the actual purchase. At a later 
date, the subsidiary, or the shell com-pany, 
is bought or sold with the land 
to avoid registry charges, even though 
this violates the law on transfer of 
ownership of immovable property. 
Planned urban disaster THE fact that three unwanted, 
undesirable and untimely 
Master Plans 2021, 2025 and 
2031 were introduced within 7 years 
is symbolic of a methodical and bru-tal 
exploitation of residential, com-mercial 
and industrial land under 
Hooda’s leadership. The hidden 
agenda behind these frequent chang-es 
in Master Plans was allegedly to 
favour few individuals and builders. 
Only Hooda can say what he gained; 
the only thing that appreciated in the 
process was real estate prices, that 
too in a few pockets of the State. In 
the overall context, Haryana and its 
citizens will continue to pay the price 
in the years to come. 
One of the first things that Hooda 
did after coming to power was to 
change the industrial policy of the 
State and make it favourable for 
real estate development. Within 
15 months of taking over, Hooda 
released the first draft of Master 
Plan 2021 on July 11, 2006. Intime 
Promoters, Countrywide, Omax, 
Vipul Infrastructure, Bestech India, 
PPI contd. on next page 
Many of the builders use 
shell companies and 
subsidiaries for obtaining 
the land—circumventing 
the land ceiling act, done 
away with recently.
Haryana Real Estate
Haryana Real Estate
Haryana Real Estate
Haryana Real Estate
Haryana Real Estate
Haryana Real Estate
Haryana Real Estate
Haryana Real Estate
Haryana Real Estate
Haryana Real Estate
Haryana Real Estate
Haryana Real Estate
Haryana Real Estate
Haryana Real Estate
Haryana Real Estate
Haryana Real Estate

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Haryana Real Estate

  • 1. JAPAN ABEPLOMACY JEFF KINGSTON p76 Haryana’s MG DEVASAHAYAM RACE FOR PM p68 PETITION IN PUBLIC INTEREST SUBMITTED TO THE HON’BLE SUPREME COURT BY GFILES REGARDING THE GREAT LAND ROBBERY IN HARYANA. HOW HOODA ALONG WITH HIS CRONIES PLUNDERED HARYANA IN HIS 9 YEARS OF RULE. p10 February 10, 2014 ` VOL. 7, ISSUE 11 gfilesindia.com Kunal Bhadoo Hooda’s son-in-law Venod Sharma Congress MLA, Ambala Arvind Walia Owner, Ramprastha Anil Bhalla Owner, Vatika Builders Kabul Chawla Owner, BPTP Sameer Gehlaut Owner, Indiabulls KP Singh Owner, DLF De facto Chief Ministers?
  • 2. PETITION IN PUBLIC INTEREST haryana real estate 12 gfiles inside the government vol. 7, issue 11 | February 2014 www.gfilesindia.com A Petition In The Public Interest W.P No……..of 2014 THE HON’BLE SUPREME COURT OF INDIA, NEW DELHI (Extraordinary Writ Jurisdiction) In the matter of: gfiles : A magazine on governance (Regd.No.DL Eng/2007/19719) 118, IInd Floor, DDA Site-I, New Rajinder Nagar, New Delhi – 110060 …. Petitioner VERSUS 1. Bhupinder Singh Hooda, Chief Minister of Haryana 2. Secretary, Ministry of Finance Department of Revenue Room No. 46, North Block New Delhi - 110 001 3. Ministry of Environment Forests Government of India Paryavaran Bhavan CGO Complex, Lodhi Road New Delhi-110003 4. Ministry of Urban Development Government of India Through: National Capital Region Planning Board, Core-IV B, First Floor India Habitat Centre, Lodhi Road New Delhi-110003 5. Department of Town Country Planning Urban Estate Government of Haryana 4th Floor, Haryana Civil secretariat Chandigarh 6. Department of Labour Government of Haryana, 30 Bays Building, Sector 17, Chandigarh - 160 017 7. Ministry of Forests Environment Government of Haryana Room No. 34, 8th Floor Haryana Civil Secretariat Chandigarh ……..Respondents
  • 3. Haryana Government’s Labour Department turns a blind eye to lack of safety norms for workers (above); new housing colonies are being built but without water supply (left) gfiles inside the government www.indianbuzz.com vol. 7, 13 issue 11 | February 2014 (Any other Ministry, Departments, organisations and individuals as will be deemed just and appropriate to be made as parties with the permission of this Hon’ble Court) MOST RESPECTFULLY SHOWETH: ‡ 7KDW WKH SHWLWLRQHU VHHNV WKH LQWHUYHQWLRQ RI WKLV +RQ¶EOH Court by way of the present writ petition for public interest by invoking the extraordinary writ jurisdiction of this Hon’ble Court with a prayer, as mentioned in the prayer clause, to decide once and for all whether people sitting in the government, or in other words, State can arbitrarily decide the use of land resources, especially in view of the fact that mass scale favouritism and misuse of land to benefit a handful of powerful coterie and that too in flagrant violation of all existing environmental and other laws, rules and regulations made therein to protect the control of land uses and to avoid any haphazard development of land and ecological disturbances and for matters connected therewith. ‡ 7KDW PDQ LPSRUWDQW MXGJPHQWV GHOLYHUHG LQ WKLV respect seem to have no effect on the present day Haryana Government. In one of the much discussed judgements, the Hon’ble Justice GS Singhvi held that: The framers of the Constitution and the representative of the people who were responsible for introducing Part IV-A enacted the above provisions with a fond hope that every citizen will honestly play his role in building of a homogeneous society in which every Indian will be able to live with dignity without having to bother about the basics, like food, clothing, shelter, education, medical aid, and the nation will constantly march forward and will take its place of pride in the comity of nations. However, what has happened during the last few decades is sufficient to shatter those hopes. The gap between ‘haves’ and ‘haves-not’ of the society, which existed even in pre-Independent India, has widened to such an extent that bridging it appears to be an impossibility. A new creed of people (haves) has come into existence. Those belonging to this category have developed a new value system which is totally incompatible with the values and ideals cherished by the Indian society for centuries together. They have grabbed power, political and apolitical, and have successfully used the public institutions to subserve their ends. The system of quotas, licences, permits, etc., has been used and misused by them for increasing their material wealth. Their actions have created an atmosphere of diffidence in all walks of life. The common man has started feeling that this new creed of people, who believe in grabbing whatever comes its way, is unstoppable and the law will also become its servant because quite a few people belonging to this class are creators and administrators of law. However, it appears that every thing is not lost. The third organ of the State, whose primary duty has been to interpret the Constitution and the provisions of law and to adjudicate PPI contd. on next page
  • 4. PETITION IN PUBLIC INTEREST haryana real estate the disputes between the individual (s) and the State and between individuals inter se, or groups of individual, has been forced by the people and the circumstances to take steps to uphold the majesty of law and the authority of the Constitution. ‡ ,Q Secretary, JDA vs Daulat Mal Jain, JT 1996(8) SC 387, the Apex Court had the occasion to examine allotment of lands to the respondents by the Minister and the committee headed by the Minister. Some of the observations made in that decision are quite relevant in the context of the present case and are therefore, quoted below: “... The Minister holds public office though he gets constitutional status and performs functions under constitution, law executive policy. The acts done and duties performed are public acts or duties as holding of the public office. Therefore, he owes certain accountability for the acts done or duties performed. In a democratic society governed by rule of law, power is conferred on the holder of the public office or the concerned authority by the Constitution by 14 gfiles inside the government vol. 7, issue 11 | February 2014 www.gfilesindia.com virtue of appointment. The holder of the office, therefore, gets opportunity to abuse or misuse the office. The politician who holds public office must perform public duties with the sense of purpose, and a sense of direction, under rules or sense of priorities. The purpose must be genuine in a free democratic society governed by the rule of law to further socio-economic democracy. The executive Government should frame its policies to maintain the social order, stability, progress and morality. All actions of the Government are performed through/by individual persons in collective or joint or individual capacity. Therefore, they should morally be responsible for their actions.... The Minister is responsible not only for his actions but also for the job of the bureaucrats who work or have worked under him. He owes the responsibility to the electors for all his actions taken in the name of the Governor in relation to the Department of which he is the Head. If the Minister, in fact, is responsible for all the detailed working of his Department, then clearly ministerial responsibility must cover a wider spectrum than mere moral responsibility; for no minister can Haphazard construction has created havoc all around possibly get acquainted with; all the detailed
  • 5. Most favoured, BPTP’s gateway to billions gfiles inside the government www.indianbuzz.com vol. 7, 15 issue 11 | February 2014 decisions involved in the working of his Department.... The so-called public policy cannot be a camouflage for abuse of the power and trust entrusted with a public authority or public servant for the performance of public duties. Misuse implies doing of something improper. The essence of impropriety is replacement of a public motive for a private one. When satisfaction sought in the performance of duties is for mutual personal gain, the misuse is usually termed as corruption. The holder of a public office is said to have misused his position when in pursuit of a private satisfaction, as distinguished from public interest, he has done something which he ought not to have done. The most elementary qualification demanded of a Minister is honesty and incorruptibility. He should not only possess these qualifications but should also appear to possess the same.” ‡ 7KH JUHHQ FRYHU RI +DUDQD IRU ZKLFK WKH VWDWH LV VR well known, has been rapidly converted into jungle of concrete, taking a heavy toll on existing flora and fauna of the State and damaging its reputation of being the food bowl of the country. ‡ 7KH KLHI 0LQLVWHU RI +DUDQD GXULQJ PRVW SDUW RI his tenure, kept all the important departments relating to land and urban development under his control with the sole motive of taking unilateral decisions regarding sale and allotment of land to a select few favourite individuals and groups, turning them billionaires overnight at the cost of poor Haryanvis. ‡ 7KH ODZV LQ WKH UHOHYDQW ILHOGV ZHUH IUHTXHQWO changed, altered or modified with the motive of favouring a select group of builders close to the Chief Minister and its coterie, benefiting both with complete disregard to systemic planning and the basic laws of equity. So much so that three Master Plans were created in haste, including Master Plan 2031, assuming that the same government will continue for decades to come. ‡ 3UHFLRXV SLHFHV RI ODQG ZHUH JLIWHG WR LQIOXHQWLDO politicians and others to seek political and other favours i.e. Quid pro quo. ‡ 6RPH RI WKH PDMRU LQIUDVWUXFWXUH SURMHFWV ZHUH DOWHUHG changed midway to safeguard commercial interest of some favoured builders with complete disregard to the cost and loss of revenue to the State exchequer. ‡ ,PSRUWDQW GHFLVLRQV LQ WKLV UHJDUG LQ WKH +DUDQD Government are allegedly influenced by a select coterie, comprising of influential politicians, builders and business mafia, including Venod Sharma, Kunal Bhadoo, Arvind Walia, Anil Sharma, Kabul Chawla and Sameer Gehlaut. PPI contd. on next page
  • 6. PETITION IN PUBLIC INTEREST haryana real estate Men in shadows: Those who pull the political strings by NEERAJ MAHAJAN I would be difficult to imagine even a legend like Sachin Tendulkar single-handedly batting, bowling and keeping the field all by himself. Likewise, try as much as she might, singing sensation Lata Mangeshkar too would find it difficult to write the lyrics, compose, direct the music, coordinate, sing and play all the 16 gfiles inside the government vol. 7, issue 11 | February 2014 www.gfilesindia.com musical instruments all by herself. It is next to impossible to imagine that Haryana Chief Minister Bhupinder Singh Hooda is managing the whole show all by himself. As far as taking important decisions and deciding the policy on real estate is concerned, Hooda allegedly depends on his son-in-law Kunal Bhadoo, DLF strongman KP Singh, former Union minister Venod Sharma, entrepre-neur Jawahar Goel (Dish TV, Essel Group of Companies), Kabul Chawla (promoter of BPTP), Arvind Walia (Director, Ramprastha Group), Sushil Ansal (Promoter of Ansal Group), Sameer Gehlaut (Indiabulls) as well as Anil and Gautam Bhalla of Vatika Ltd. Call it a high-power committee, think-tank or a more informal kitchen cabinet, they are the ones who alleged-ly decide most actions concerning the
  • 7. real estate sector in the State. In other words, one may say that these are the people who are allegedly helping, rath-er driving, Hooda to ruin Haryana. APART from them, IAS officers Alike the on-deputation 1996 batch Karnataka cadre IAS officer Rajender Kumar Kataria, the son-in-law of Haryana Congress pres-ident Phool Chand Mullana, former Haryana additional advocate general and advocate Sunil Parti, hotelier Kewal Dhingra and foot soldiers like Hooda’s officer on special duty, M S Chopra, fill in the blanks. A former Army Officer, Kushal Pal Singh, the son-in-law of DLF Group founder, is allegedly a master in the art of give and take and political arm-twisting for strategic business gfiles inside the government www.indianbuzz.com vol. 7, 17 issue 11 | February 2014 GURGAON-MANESAR URBAN COMPLEX Land use Master plan 2021 Area in hectares Master plan 2025 Area in hectares Master plan 2031 Area in hectares Residential 14,930 15,148 16,010 Commercial 1,404 1,429 1,616 Industrial 5,441 5,431 4,613 Transport and 4,231 4,289 4,420 communication Public utilities 564 609 626 Institutional Public and semi-public use 1,630 1,775 2,035 Open spaces 2,675 2,688 2,775 Special zone 106 106 114 Defence land 633 633 633 Total land 31,614 32,108 32,842 Special Economic Zone 4,570 4,570 Existing town 406 406 406 Village abadis 428 428 478 Grand total 37,069 37,512 33,726 Source: Town and Country Planning, Haryana MNC offices on Delhi-Jaipur highway are edifices to lure innocent customers PPI contd. on next page
  • 8. PETITION IN PUBLIC INTEREST haryana real estate The BPTP and DLF saga THE biggest beneficiary of the Hooda rule is none other than Business Park Town Planners Limited, also known as BPTP, promoted by Kabul Chawla, Punam (mother of Kabul Chawla) and Anjali Chawla (wife of Kabul Chawla). Incorporated under the Companies Act on August 11, 2003, BPTP has a number of companies, like Countrywide Promoters Pvt Ltd, Countrywide Home and Farms Pvt Ltd, Glitz Builders Promoters Pvt Ltd, Foliage Construction Pvt Ltd, Five Star Promoters Pvt Ltd, Vital Construction Pvt Ltd, Native Buildcon Pvt Ltd, Green Valley Towers Pvt Ltd, Anupam Towers Pvt Ltd, Sunglow Overseas Pvt Ltd, Druzba Overseas Pvt Ltd, Business Park Promoters Pvt Ltd, Fragrance Construction Pvt Ltd, KA Promoters Developers Pvt Ltd, Westland Developers Pvt Ltd, Poonam Promoters Developers Pvt Ltd and Vasundra Promoters Pvt Ltd. BPTP was an unknown and insignificant player till 2005. After Hooda became the Chief Minister, its fortunes changed, almost overnight in 2005, and the company started aggressively staking claim over prime land in and around Faridabad. In just three years, it had acquired licenses to develop 283.88 acres land at unheard of rock bottom prices—`210 per sq ft—in Faridabad. The company starting selling the first of its plots in 2006 and by 2009 it had sold approximately 5,657 residential plots, 10,685 apartments, 463 commercial plots and other commercial space. In January 2009, when the Hooda Government permitted registration of independent floors on residential plots, BPTP took full advantage and re-aligned its business from plotted housing to independent floors. This proved to be Two to tango: The BPTP couple 18 gfiles inside the government vol. 7, issue 11 | February 2014 www.gfilesindia.com a bestselling offer as almost all the 4,997 three bedroom units in its newly launched ‘Park Elite Floors’ were sold out in five months—between May and September 2009. Even the 2nd phase of Park Elite Floors was sold by September 30, 2009, and BPTP was able to mop up nearly `2.41 billion from the market. Today, with licenses for close to 1,606 acre land in advantage. He knows how to subtly manage his strengths and weaknesses and gain business mileage. This is the least you can expect from a man who managed to leverage a chance meeting with Rajiv Gandhi to gain virtual monopoly in Gurgaon. At least, you can say, he was shrewd and bold enough to move in an unchartered direction. Not many would have dared to do what he did… even today he is mentally just as sharp in spotting an opportunity and going all out to grab it as if there is going to be no tomorrow. WITHINthe group, apart from son-in-law Kunal Bhadoo, Hooda depends most on the controversial Congress leader from Chandigarh, Venod Sharma, known for his troubleshooting and negotiat-ing skills. A former Union and State minister, Sharma had to quit the Power Ministry after embarrassing public disclosures about him trying to bribe three witnesses in the Jessica Lal case, in which his son Manu Sharma was the key accused. Even though Venod Sharma, who is also related to Haryana assembly speaker Kuldeep Sharma (his daughter Aishwarya is married to Venod Sharma’s youngest son Kartikeya), seemingly remained out of the power circuit, he is one of those who challenge their luck to the limit. That is why despite being out of power, he enjoys such clout that in informal conversations he is report-edly referred to as “Mr 10 Crore” in real estate circles. The reason is fairly obvious—no big land deal is possible in the State without his direct or indi-rect involvement.
  • 9. gfiles inside the government www.indianbuzz.com vol. 7, 19 issue 11 | February 2014 Faridabad and Gurgaon, Countrywide Promoters, or BPTP, is way ahead of even Ansal Properties Infrastructure (1,360 acres), or DLF (939 acres). It is so powerful that it virtually runs a parallel government, at least as far as Faridabad and Gurgaon are concerned. No government official reportedly dares to come in its way. Some say Hooda himself is a benami owner in the company, which is currently developing 24 group housing, IT and residential projects in Faridabad and Gurgaon. The company’s biggest strength is that the average cost of its land reserve is as low as `188 per sq ft. This allows it to sell properties at relatively attractive prices and, in fact, is the reason behind its phenomenal success in a relatively short time-span. Such is BPTP’s clout that despite a com-plaint by the owner of a 14.793 acres land in Sector 106 in Gurgaon to the Haryana TCP not to issue the license till the agreed sale price was paid, the TCP department not only awarded but also renewed the licenses despite the fact that BPTP still does not have possession of the land, or has begun any construction activity. One of the first developers to focus on Faridabad, Countrywide Promoters has the ability to identify suitable land, acquire and consolidate it. This role is played by an in-house research team of 30 personnel that gathers market data, assesses the potential of a location, and evaluates its demographic profile as well as government schemes and incentives, as applicable. DLF holds the largest land bank of 10,255 acres (42 sq km), including 3,000 acres (12 sq km) that has been developed and 1,000 acres under development in Gurgaon. DLF Limited is the largest commercial real estate developer in India by revenue, profit, and market share. DLF is so powerful that no government in Haryana can chose to ignore it. Whatever it wants is reportedly given. gfiles investigations reveal that all almost all propos-als for grant of licenses are directly approved by the Chief Minister himself, often overruling senior officials to benefit a particular builder. Significantly, within two years of his chief ministership, on December 19, 2006, Hooda changed the policy for grant of license and change of land use with retrospective effect—from June 7, 2005. By specifically stat-ing that “the licenses shall be granted/refused by the DTCP with prior internal concurrence of the State Government at the Minister’s Level”, this ensured that Hooda—who was the housing minister as well as Chairman TCP and HUDA— was the ultimate authority to sanction or deny a license. Even if the Director, Town Planning, wanted to grant or deny a license, he needed to get the Chief Minister’s concurrence. This, in effect, sealed the fate of all cooperatives housing, giving a free hand to group housing societies and builders. This policy also relaxed the norms for change of land use and discontinued grant of licenses for cooperative housing societies, even in low potential zones. KP Singh One of the richest politicians in the state, Sharma’s `500-crore empire consists of Piccadily Group of Industries, 4-star Piccadily Hotel in Sector 22, Blue Ice bar in Sector 17, chain of hotels, restaurants, cinema theatre, sugar mills, distilleries like Piccadily Sugar Industries, Piccadily Agro Industries, Shakti Fibres, Piccadily Holiday Resorts and Lyons Restaurant, besides a number of com-mercial and residential properties in Chandigarh. He has big stakes in the liquor trade in Punjab, Madhya Pradesh and Uttar Pradesh. It is alleged that Hooda is a shareholder in Sharma’s hotels, sugar and construction business. SON of liquor baron and one-time President of Punjab Pradesh Congress Committee, Kidarnath Sharma, Venod Sharma has a good network in the Brahmin, Aggarwal, Rajput and Punjabi com-munities in Haryana. Hooda has many reasons to rely on his school-time friend. As the head of the 40-mem-ber election campaign committee, Sharma’s backroom organising skills helped Hooda muster the support of 53 members in the 90-member house when the Congress had just 40 members in the last elections. Sharma always stood by him—even when Hooda was an aspiring politi-cian from Rohtak. On his part, Hooda too lobbied to get Sharma the Ambala Assembly ticket when he was a politi-cal untouchable after the Jessica Lal murder case. PPI contd. on next page
  • 10. PETITION IN PUBLIC INTEREST haryana real estate Venod Sharma Kunal Bhadoo Kabul Chawla THE ‘H’ COMPANY KP Singh Sameer Gehlaut Anil Bhalla Arvind Walia SHARMA, who began his politi-cal career as general secre-tary of Chandigarh Congress Committee, lost no time in becom-ing Sanjay Gandhi’s blue-eyed boy, general secretary of All India Youth Congress under Ghulam Nabi Azad’s leadership, MLA, MP and Union min-ister— all within one decade. There was a time when even as a first-time MLA, he was treated as virtual No. 2 and the most resourceful State cabinet minis-ter— 20 gfiles inside the government vol. 7, issue 11 | February 2014 www.gfilesindia.com more powerful than even Deputy Chief Minister Chander Mohan, a three-time MLA. Sharma’s youngest son Kartikeya heads Information TV Pvt Ltd, which controls News X tel-evision channel, Good Morning India Media Pvt Ltd and Aaj Samaj group of newspapers. It is alleged that any builder who wants any new license, or any con-cession, from Hooda has to neces-sarily go through Sharma. Sharma’s own interests in real estate are taken care of through a string of compa-nies like Onkareshwar Properties Private Limited, Mark Buildtech Properties Private Limited, Shivam Infotech Private Limited and Pegasus Developers Shikhopur Pvt Ltd. Kartikeya is on the Board of Director’s and reportedly owns 99 per cent shares in Mark Buildtech, which has business dealings with Onkareshwar Properties. The two, incidentally, GREAT HARYANA LAND USE CONVERSION CIRCUS Area Up to 30 Sq Metre Area Over 30 Sq Metre Old Rate New Rate Old Rate New Rate Gurgaon `14,000 `3,000 `16,000 `3,500 Faridabad `7,200 `1,500 `9,200 `2,000 Sonepat `6,000 `1,000 `7,500 `1,200 Panipat `6,000 `1,000 `7,500 `1,200 Panchkula `7,200 `1,500 `9,200 `2,000
  • 11. Top 33 Most Benefitted Builders of Hooda Regime S.No. Promoters/ Builders Land License Obtained in Acres 1 Countrywide Promoters 1606 2 Ansal Properties Infrastructure 1360 3 DLF New Gurgaon Home Developers 939 4 Intime Promoters (TDI) 867 5 Omaxe Housing Developers 866 6 Unitech 725 7 Vatika Land Base 632 8 Parshavnath Developers 603 9 Emaar MGF Land 531 10 IREO KSS Properties 519 11 Sonika 399 12 Chintals India 396 13 AN Buildwell 315 14 Bestech India 297 15 Uddar Gagan 291 16 Reliance Haryana SEZ 251 17 Rangoli Projects 242 18 India Bulls Estates 222 19 Vipul Infrastructure Developers 216 20 Dwarkadhis Buildwell 209 21 Raheja Developers 195 22 Ramprastha Buildwell 189 23 Pioneer Urban Land Infrastructure 177 24 Herman Fin Properties 154 25 Grandeur Real Estate 145 26 Uppal Housing 142 27 Jai Krishna Artec JV 123 28 Mapsco Buildwell 120 29 Parveen Gupta, Vipin Gupta 118 30 ERA Infrastructure 118 31 Martial Buildcon 117 32 Desert Moon Realtors Pvt. Ltd. 110 33 Orris Infrastructure 108 gfiles inside the government www.indianbuzz.com vol. 7, 21 issue 11 | February 2014 are registered at the same address in Nehru Place. Sushil Gupta, one of the Directors of Onkareshwar Properties, is a close aide of Hooda; Harvinder Singh Chopra, a Director in Mark Buildtech, is also Finance Director of Piccadily Group; while Rajender Bansal, a friend of Sharma from Panchkula, is on the Board of Directors of both the companies. The other directors include Dhirender Dadwal and Tarun Bhanot, a rela-tive of Sharma. Mark Buildtech alleg-edly has strong business linkages with Vatika Ltd promoted by Anil and Gautam Bhalla, who seemingly has prospered from the association. In fact, after the Haryana government granted three land licenses to Vatika group, the group’s assets skyrocketed unimaginably in three years. IF it is not Sharma, another person who can come up with miracles and has direct access to the CM is Kunal Bhadoo, the prodigal son of Vijay Laxmi Bhadoo, a senior SAD-BJP leader in Punjab. He is married to Hooda’s daughter Anjali. A Masters in International Accounting and Finance from London School of Economics and qualified Chartered Accountant from ICAEW, UK, he worked for six years in London for PwC LLP before coming back to India in 2006 to start Kunskapsskolan Eduventures India, which runs three K-12 schools in Jaipur, Karnal and Abohar. Kunal is also Director of Havelock Developers Pvt Ltd, Bhadoo Agritech at Abohar, which is into contract processing and packaging of citrus fruits and fresh vegetables, Navyug Group of Companies, Navyug Eduventures and Satellite Forging Pvt Ltd, a joint ven-ture with the JBM Group. He is alleged to be an unofficial member of Hooda’s kitchen cabinet along with his mother-in-law, Asha Hooda; brother-in-law Deepinder It is alleged that any builder who wants any new license, or any concession, from Hooda has to necessarily go through Venod Sharma, Congress leader from Chandigarh PPI contd. on next page
  • 12. PETITION IN PUBLIC INTEREST haryana real estate The Dwarka-Gurgaon Expressway: Where it starts and ends, nobody knows! 22 gfiles inside the government vol. 7, issue 11 | February 2014 www.gfilesindia.com The arbitrary and ad-hoc manner in which decisions are taken or altered in Hooda’s tenure can be judged from just two examples: the Dwarka Expressway and the Northern Express Road Hooda and Venod Sharma. They are virtually running a parallel government in Haryana which has a say in everything—from selection, transfer and postings of candidates to ‘interviews’ conducted by departmental committees to grant licenses to favourite builders. AS per market intelligence gath- Aered from buyers, sellers and brokers, these days Bhadoo is allegedly on a buying spree in Sector 70 and 70A, just outside the Master Plan areas, along the Southern Peripheral road. According to informed sources, unwritten orders are that anyone else who tries to buy lands in this area should be discouraged. In all probability, this area will be included in another revised or extended Master Plan just before the elections. The price shoots up at least 50 times when it gets included in the Master Plan. One of the features of the Master Plan 2031, that has escaped attention, is a restriction that only 20 per cent of the total area can be taken up by Group Housing Societies in a particular sector. This has opened up scope for discretionary licenses, or refusal, on the plea that the quota has been exceeded. Another feature of the Master Plan was to increase population density figures in specific zones from 250-300 people per hectare to over 1,000 people per hectare. This has opened up floodgates for manipulation by the politician-builder network. The Haryana government is also likely to come up with a new scheme of one-acre farmhouses or country homes outside the Master Plan areas in Gurgaon, Sohna and other parts of Haryana. That will be another opportunity to make a fast buck for builders/developers and brokers. Already many people have started buying huge tracts of land for the purpose. Whenever they get struck,
  • 13. Banarsi Das Gupta Bhajan lal Bansi Lal Bhupinder Singh Hooda Hukum Singh Bhagwat Dayal Sharma Devi Lal Om Prakash Chautala gfiles inside the government www.indianbuzz.com vol. 7, 23 issue 11 | February 2014 LEGACY OF 12 CMs PRESIDENT’S RULE I the last 23 years, Haryana has seen 12 CMs and one President’s Rule. Except for Chaudhary Devi Lal, Banarsi Das Gupta and Om Prakash Chautala (in the initial stages), all others favoured one or the other builder. The biggest example of politi-cal favouritism is the DLF, which is what it is today allegedly because of the patronage given by Prime Minister Rajiv Gandhi. Bhajan Lal was the Chief Minister for close to five years from January 22, 1980. He was clearly in favour of the DLF, which managed to get 40 licenses for some 1,123 acres of land, largely in Gurgaon. Such was DLF’s monopoly that Ansal Properties Infrastructure, its nearest rival, could just man-age a toe-hold with 11 licenses for 442-acre land. Apart from these two, all the seven others who managed to get licenses from Bhajan Lal were insignificant players. As soon as Bansi Lal became the Chief Minister on July 5, 1985, the wind started blowing in the opposite direc-tion and Ansal Properties Infrastructure became the hot favourite, bagging the maximum licenses, followed by DLF. Another significant contribution of Bansi Lal was the limited entry of Unitech and Utility builders. However, when Chaudhary Devi Lal became the Chief Minister on July 17, 1987, not a single license was granted to any developer. This tradition was maintained even when his son Om Prakash Chautala remained the Chief Minister from Dec 2, 1989, to May 22, 1990. However, Dec 2, 1989—the last day of Devi Lal’s regime and first day of Om Prakash Chautala—would go down in the history of Haryana. On that single day, eight licenses were approved: DLF Universal (5) in Gurgaon Sectors 24, 25, 25A, 27, 28 and 43; Ansal (2) Gurgaon Sectors 1, 2, 3, 17 and Unitech (1) Gurgaon Sectors 30, 40, 41. It may be well worth investigating who sanctioned these licenses on a single date and why. More so, when no license was allotted two years before or two years after that date! After Chautala, Banarsi Das Gupta was the Chief Minister from May 22, 1990, to July 12, 1990, and Chautala again from July 12, 1990, to July 17, 1990. But, no license was given in this period. The jinx was broken when Hukam Singh, who was the Chief Minister from July 17, 1990, to March 21, 1991, issued licenses for the National Media Centre (21 acres) and to Durga Builder (127 acre). Om Prakash Chautala became the Chief Minister again—from March 22, 1991, to April 6, 1991—and did not issue any license during his term. After this, there was President's Rule in the State from April 6, 1991, to July 23, 1991. Again, no licenses were issued in the period. However, in the following five years of Bhajan Lal’s Chief Ministership—July 23, 1991, to May 9, 1996—60 licenses were given. Those who benefitted included, DLF (641 acres), Ansals (258 acres), Unitech (309 acres) and others. In the next three years—May 11, 1996, to July 23, 1999— Bansi Lal tried to match the record by sanctioning 39 pro-jects over 793 acres of land in Gurgaon. Though Ansal was the favourite, DLF and others too were granted licenses. In his new term, from July 24, 1999, to March 4, 2005, Om Prakash Chautala was a changed person and sanctioned 35 projects in Gurgaon over 463 acres of land. PPI contd. on next page
  • 14. PETITION IN PUBLIC INTEREST haryana real estate they approach someone like Bhadoo, who can’t say no to favours from builders. Here are a few examples: Hooda fiddles, Haryana burns EVER since he became Chief Minister of Haryana on March 5, 2005; Hooda has retained all the important administrative portfolios like Justice Administration, Law and Legislative, General Administration, Administrative Reforms, Home, Information, Public Relations and Personnel and Training with him. But his first love is urban develop-ment. This is clear from the manner in which he has retained all associ-ated portfolios like Architecture, Panchayat Development, Town and Country Planning and Urban Estates and Urban Local Bodies. He is also the Chairman of the Town Country UNLAWFUL ACTS IN HOODA ERA 24 gfiles inside the government vol. 7, issue 11 | February 2014 www.gfilesindia.com Planning (TCP), Haryana Urban Development Authority (HUDA) and Haryana State Industrial Development Corporation (HSIDC). This gives him complete control over all land deals in the State. In fact, he is referred to as ‘Haryana Overall Development Authority’. In 2005, when Hooda first became CM, he had 67 seats in the 90-mem-ber assembly. Every third MLA in the State was a Congressman. As a result, if a minister dared to step out of line, he was firmly told to behave. But today, with just 40 MLAs, to run the government at the mercy of inde-pendents is a big challenge. Hence, to keep the prominent politicians happy, Hooda tried to ‘gift’ HUDA residential plots to 79 present and former Haryana MPs and MLAs at Mansa Devi Complex, Panchkula at a throwaway price of `28 lakh each. These plots were worth at least `1.5 crore in the open market. The ben-eficiaries included his son Deepender Singh Hooda besides Kumari Selja, Venod Sharma, Kiran Chaudhary, Navin Jindal, Raghuveer Kadian, SOON after coming to power, one of the first PR exercise of Hooda Government was to drastically reduce the compound-ing, or conversion, fee for commer-cial properties. This populist move was aimed at gaining the goodwill of lakhs of building bylaws violators and those running business and com-mercial establishments from residen-tial premises. Such persons now just had to pay `3,500, instead of `16,000 per square yard, for regularising their buildings along 30-metre roads in Gurgaon. Likewise, those in build-ings along roads up to 30 metres had to pay `3,000, against `14,000 per square yard previously. Even peo-ple in small towns like Faridabad, Panchkula, Panipat, Sonepat, Karnal, Kurukshetra, Ambala, Yamunanagar, Bahadurgarh, Hissar, Rohtak, Palwal, Hodal, Rewari and Sohna were given massive concessions. For instance, in Faridabad, the charges for build-ings along more than 30-metre roads, were lowered from `9,200 to `2,000 per square yard. While the official plea was that conversion charges would improve the financial position of urban local bodies, no one can deny that this was actually a reward to the violators of law. A detailed analysis of Hooda gov-ernment’s policies reveals how arbi-trarily policies were drafted, modified and backdated to favour builders and individuals. For instance, a policy for release of land from acquisition (See Box) was modified within 26 days of being formulated in 2007. Once again, it was modified in 2011. Likewise, policy dated December 20, 2006, concerning group of persons, needed reconsid-eration within four months on April 24, 2007. Also, no explanation was offered why many of these polices needed to be backdated by over a year? A deeper probe may unearth many a skeletons in Hooda’s cupboard. One of the first significant changes Hooda brought about on April 24, 2007, was an amendment of an exist-ing policy laid down by his government on December 20, 2006. Interestingly, this new policy, re-defined ‘Reputed Coloniser’ as someone “who has already obtained a license under the Haryana Development and Regulation of Urban Areas Act, 1975, by the Haryana Town and Country Planning Department (TCP)”. This policy allowed backdoor entry to those private developers, who were applying for the first time. They were given the option to sign a col-laboration agreement with a group of In Rohtak, Hooda’s home district, a clique of Sharad Farms and Holdings, Sonika Properties and Uddar Gagan Properties— all three subsidiaries of the consortium formed by Zee TV’s Essel Group, Action Group and Odeon Builders—has acquired almost 637 acres
  • 15. Dwarka-Gurgaon Expressway: The ugly reality of a ‘beautiful’ highway Randeep Surjewala, Phool Chand Mulana, Captain Ajay Singh Yadav, Chander Mohan, Hansraj Bhardwaj and Shamsher Singh Surjewala. They would all have been richer by a few crore rupees, but for a last minute hurdle created by the Punjab and Haryana High Court. A division bench, comprising Chief Justice Tirath Singh Thakur and Justice Mahesh Grover, cancelled the arbitrary allotments and the MPs and MLAs were left high and dry. SIMILARLY, the High Court quashed the “illegal release of land” to RN Prasher, IAS, a former finance commissioner and principal secretary, employed as principal adviser to CM after retirement. Describing this as a gfiles inside the government www.indianbuzz.com vol. 7, 25 issue 11 | February 2014 persons licensed by the department to qualify to be called ‘Reputed Coloniser’. Curiously, a ticklish policy—dated March 27, 2008—decided to give one-time relaxation to private schools, whose applications were pending with the Education Department for want of recognition. The question is, how can the TCP Department provide legiti-macy to private schools yet to be rec-ognised by the Education Department? Obviously this was done as a favour. Significantly, the policy regarding grant of license to Cooperative Housing Societies, dated September 15, 2008, states that application of only those Cooperative House Building Societies, which have any collaboration with builders/developers having financial capacity and technical expertise to develop residential colonies, will be considered for a license. This gave an unfair advantage to the builders, with-out whose involvement Cooperative House Building Societies cannot even apply for a license. The manner in which HUDA did away with the upper time limit to complete the construction work, smacks of a sell-out to the builder lobby. Earlier, allottees could under-take construction on a residential or commercial plot within two years. Now, an extension of up to 13 years is possible after payment of a fee and the allottee can take 15 years (2+13 years) for construction from the date of possession. This new policy, that came into effect from April 12, 2013, is nothing but a ploy to renew the licenses of non-performing builders. The Haryana government has also not used over `10,000-crore EDC for creation of basic amenities collected from the end-consumers through the builders in the last five years. PPI contd. on next page
  • 16. PETITION IN PUBLIC INTEREST haryana real estate Despotic Hooda (March 2005-2014) Questionable Pro-Builder Policies of Haryana Government Date Name of policy Salient initiative Beneficiary / Analysis 09.06.2006 License for land pockets owned by individuals forming part of or adjoining existing licensed colonies. 26 gfiles inside the government vol. 7, issue 11 | February 2014 www.gfilesindia.com The only condition is that such land locked pockets should not be more than 10% of the licensed area granted to the developer. Land acquisition policy of Haryana Government is based on ‘sectoral develop-ment’ approach. In case a private developer, who has been granted a license to develop a project, is not able to acquire some pockets of land in between or on the fringes of the licensed area (“land locked pockets”), HUDA steps in to acquire such land locked pockets on behalf of private developer. BENEFICIARY: BPTP—was facing problem due to certain land locked pockets in Project Parklands— integrated township, so HUDA took over the land locked pockets and transferred it to them for development of the area. 19.12.2006 Policy for grant of license and change of land use Came into effect with retrospective effect from 7 June, 2005 After careful consideration of the matter the Governor of Haryana is pleased to convey the policy parameters relating to the grant of license and permission for change of land use as under :- 1. Competent Authority to grant licenses: The licens-es shall be granted/ refused by the DTCP with prior internal concurrence of the State Government at Minister’s Level. The State Government will how-ever, exercise appellate powers under the Act. 2. Minimum area for grant of licenses under different zones 3. Area under group housing should not exceed 20% of the sector area. 4. Discontinue licenses to the Cooperative Housing Societies even in Low Potential Zones. No such restriction for construction of Group Housing pro-jects. 5. Change of land use (CLU) applications to be con-sidered in conformity with land use proposals of the Development Plans and zoning regulations. 6. Classification of controlled areas under hyper potential, high, medium and low potential zones. 1. The Minister here happened to be the Chief Minister himself 2. Even if the Director Town Planning wanted to grant or deny a license he needed the concurrence of the Chief Minister who held all urban development portfolios. 3. The fate of all cooperatives housing was sealed 4. Group housing societies and builders were indirectly given a free hand. 5. Change of land use made easy Beneficiary: BPTP—its strategy has been to quickly convert land use from agricultural to land eligible for real estate development and create a vast bank of licensed land. This helped them launch mid-income housing projects in a relatively short time frame even during the economic recession in 2008-09. Apart from everything this helped the company generate robust cash flow with reduced capital expenditure. 24.04.2007 License to group of per-sons under Haryana Development and Regulation of Urban Areas Act, 1975—for setting up of a colony —as a reputed colonis-er. Policy deemed to have come into effect w.e.f. 19th May, 2004. Amendment of policy concerning group of persons dated 20th December, 2006 1. Reputed coloniser will be the one who has already obtained a license under the Haryana Development and Regulation of Urban Areas Act, 1975 2. In case of collaboration agreement -- a developer who is not a licensee but applying for a license for the first time full EDC, service charges and 100% bank guarantee of internal development works taken before grant of license “so as to safeguard the public interest. Those who comply with these stipulations would be termed as reputed colonizers.” 1. Group of persons were sought to be given the status of a reputed coloniser for setting up a colony. 2. Changed in definition of reputed coloniser as one who has a. Already obtained a license b. Pays full EDC, service charges and 100% bank guarantee for internal development. 3. Allowed back door entry for private developers—without a license to sign but desiring to make an entry by signing a collaboration agreement with a group of persons
  • 17. Date Name of policy Salient initiative Beneficiary / Analysis 30.5.2007 Amended area parame-ters gfiles inside the government www.indianbuzz.com vol. 7, 27 issue 11 | February 2014 for Cyber Parks/ IT Parks in residential sectors Effective for application received after 7th August, 2006. Utilisation of maximum 5% of the area of a residential sector for establishment of IT Parks/Cyber Parks What was the need to back date by almost one year? Ironically all the six licenses for IT City in Gurgaon over 36 acre land in sector 24,25 and 25A in Hooda’s tenure have been bagged by DLF Universal. Similarly more than 90 % of the 53 IT parks over 412 acre land are concentrat-ed in Gurgaon. Faridabad managed 6 while Gwal Pahari—a nondescript place got one. 30.9.2007 Policy for release of land from acquisition Policy formed vide letter no.5/30/2007-2TCP 26.10.2007 Policy for release of land from acquisition The earlier policy formed just 26 days back was super-seded. Salient features of this policy were: 1. Only those applications will be considered for release under section 48(1) where structure exist-ed prior to section 4 and were inhabited. 2. Any factory or commercial establishment which existed prior to section 4 will be considered for release. 3. Any religious institution or any building owned by community will also be considered for release 4. Any land for which an application was made under section 3 of Haryana Development and Regulations of Urban Areas Act, 1975 by the owners prior to award for converting the land into a colony 5. Same for a land where the ownership was estab-lished prior to notification under section 4 of the Act. 6. Land may be released in the interest of integrated and planned development where the owners have obtained stay from courts 7. Government may release any land on the grounds other than stated above under section 48(1) of the Act under exceptionally justifiable circumstances but reasons are to be recorded in writing It is obvious that these revised guidelines were framed to allow big commercial and religious interests to openly misuse the system. 1. All it takes for a builder is to claim and prove—at least on paper that the structure existed prior to section 4 and is inhabited. 2. Why special favours for factories and commercial establishment which existed prior to section 4? This simply indicates that either section 4 was not required or now a back door is being opened. 3. Why should religious institutions be shown special favours? 4. The act seeks to regulate the land use and prevent ill-planned, haphazard urbanisa-tion in Haryana and section 3 deals with detailed process an owner desiring to con-vert his land into a colony has to follow – in other words it means that the owner prior to the award was himself interested in conversion of the land into colony. 5. When a court has granted stay, where is the question of releasing the land? 20-11-07 Change of Land Use for buildings that existed before declaration of Controlled Area No additional CLU should be required where ground coverage or permissible FAR has already been achieved up to 75% of the permissible limits. 01-02-08 Policy for Change of Land use permission for buildings that existed before the declaration of controlled area t MM DPOTUSVDUJPO GBMMJOH JO TFUCBDL CFGPSF EFDMBSBUJPO of controlled area, to be retained as is, benefit of 60% ground coverage to be given. t QQMJDBOU XJMM OPU SBJTF BOZ DPOTUSVDUJPO PO UIF subsequent floors falling in the setback area, no new construction to be allowed in setback area. 27.03.2008 One time relaxation to private schools, whose applications are pending in Education Department for want of recognition t /PSNT NFOUJPOFE JO EVDBUJPO 3VMFT to apply to applicants, whose applications are pending in the Education Department.. t 4DIPPMT FYJTUJOH JO UIF SFTQFDUJWF ZFBS UP CF USFBUFE as per prevalent Education Rules. t 5IF DBTFT NBZ CF DPOTJEFSFE XIFSF NJOJNVN lease period is of 20 years. t 4BNF QBSBNFUFST NBZ BQQMZ JO 6SCBO SFBT UP QSJ- vate school whose applications are pending for recognition in the Education Department Please note how the town and country planning department is providing legitimacy to private schools and institutions which are yet to be recognised by the education department Could it be because the CM’s son-in-law Kunal Bhadoo is himself in the field of education? PPI contd. on next page
  • 18. PETITION IN PUBLIC INTEREST haryana real estate Date Name of policy Salient initiative Beneficiary / Analysis 13.05.2008 Policy regarding remov-al of height restriction of building for group housing colony and commercial colony 28 gfiles inside the government vol. 7, issue 11 | February 2014 www.gfilesindia.com 1. Removal of limit on maximum height of buildings in Group Housing and Commercial Colonies for which licenses are issued under Haryana Urban Development and Regulation of Urban Areas Act, 1975 2. Town Country Planning Department notification No. 8DP(ii)-2004/483, dated 22.12.2004 withdrawn Policy likely to affect 391 Group Housing society projects in Gurgaon, Bahadurgarh, Daruhera, Faridabad, Jajjar, Karnal, Palwal, Panipat Rewari, Pinjore and Sonipat covering 5451 acre and 57 commercial projects mostly in Gurgaon over 343 acre One of those who applied for 2 licenses in Com zone in Gurgaon, sector 83 was Venod Sharma—a childhood friend of Hooda who applied as Piccadily Hotels 30-5-2008 Radha Swami Satsang Beas Deras Scrutiny fee of `10/- per sq metre on the entire site. In return maximum permissible ground coverage and Change of Land Use permission on vacant lands Such a low rate —`10 per sq/ metre 15.09.2008 Policy regarding grant of license to Cooperative Housing Societies. License only to those Registered Cooperative Housing Societies who collaborate with builders/ developers who have financial and technical expertise for development of residential colonies. 27.3.2009 Registration of independent floors for the residential plots of licensed colonies Registration of independent floors shall be allowed in residential plots—180 sq yards or above. t BDI VOJU TIBMM CF EFTJHOBUFE BT A*OEFQFOEFOU Floor and recognized as a distinct, identifiable property with a separate identification number, along with proportionate rights in the declared common areas and common facilities, rights of access, easements and other ownership rights as well as the right to use, transfer or dispose off the property in accordance with the rules. t 0XOFS PG FBDI A*OEFQFOEFOU 'MPPS UP CF FOUJUMFE to separate water supply and electricity connec-tions subject to building regulations/ rules of Power Utilities. BPTP—In Jan 2009, Haryana Government permitted registration of independent floors on residential plots. BPTP took the advantage by switching over from plotted housing to independent floors and started offering three bedroom houses at nominal prices. In this manner the company was able to launch and sell 4,997 units in “Park Elite Floors’ in just 5 months. In August 2009, phase II of Park Elite Floors was raised out of payments received from 94% customers in phase I. By late 2009, BPTP had received `2.41 billion in payments. 29.05.2009 Policy for Low Cost/ Mass Housing Projects 85% of the dwelling units approved under such scheme shall be done through the Government of Haryana at a predetermined cost 20.08.2009 Policy for Low Cost/ Affordable Housing Projects 1. The aim of this policy was to provide different categories of affordable housing priced at `4 lakh, `12.5 lakh, `14 lakh and `16 lakh 2. This scheme was open only for three months 10 leading builders were licensed 200 acre land in Gurgaon to build 40,000 units. Not a single apartment has been handed over. 20.08.2009 Amendment in policy dated 19.12.2006, 29.5.2009 for grant of Group Housing Component as a part of plotted colony and increase in density. Fallout of a meeting of CM Haryana with colonisers on 14 July: t %FWFMPQFST TFFLJOH MJDFOTF GPS B QMPUUFE DPMPOZ allowed maximum 10% area for group housing over and above existing 20% limit for group housing in a sector t 1SPQPTBM WBMJE GPS POMZ POF NPOUI 214 licenses for 13,448 acre land – for plotted colonies—highest single category of land sold in Haryana. Top beneficiaries who have cornered almost 50% of land for plotted colo-nies are BPTP (1375 acre), Ansal (1209), Udhar Gagan + Sonika+ Vipul (886), InTime (865), Omaxe (754), Parsavnath (646) and DLF (491 acre). 22.12.2009 Policy on Original Municipal Limits/ Extended MC limits
  • 19. 29 Date Name of policy Salient initiative Beneficiary / Analysis 29.04.2010 Occupation Certificate and composition of offence where change of land use permission has expired. t QQMJDBOU UP QBZ TDSVUJOZ GFF BOE EJGGFSFOUJBM amount if any, toward increase in the prescribed rates if any from the date of application for grant of occupation certificate. t QQMJDBOU XJMM BMTP CF SFRVJSFE UP QBZ UIF QFOBMUZ for unauthorised occupation of the building as well as EDC at updated rates Change of land-use to general category group housing alone has made different builders richer by around `4,000 crore. 17.5.2010 Change of Land Use permission for Fuel sta-tion/ Retail Outlet, Educational institutes in Controlled Areas. Those wanting to open educational institutes in con-trolled areas were required to get Genuineness Certificate from the DC before being considered for change of land use permission. DC would issue the NOC after receiving reports from various Departments. On the plea that this delay in decision making was causing harassment to public and in order to speed up the cases, the Government decided that: t (FOVJOFOFTT $FSUJGJDBUF JT OPU SFRVJSFE JO DBTF PG Retail Outlets in the controlled areas as the DC seeks reports from different departments before issuing the final NOC. t *O DBTF PG FEVDBUJPOBM JOTUJUVUJPOT UIF %. NBZ issue Genuineness Certificate based on his his/her assessment of the promoter and after seeking report from the Education Department or any other competent regulatory agency. 16.06.2010 Educational Facilities in the Urban Areas/ Controlled Areas Uniform norms for Educational Institutions in residential colonies being developed by HUDA, Colonisers and Change of land use cases in controlled areas as well as municipalities. 24.01.2011 Policy regarding release of land from acquisition Release of any land on grounds other than stated under Section 48(1) under exceptionally justifiable www.indianbuzz.com gfiles inside the government vol. 7, issue 11 | February 2014 circumstances to be recorded in writing Prime Priorities Areas of Hooda government 1 Policies for Easy and On Demand Change of land Use – Main focus of Hooda government 2 Policies on land acquisition 3 Policies relating to group housing/ plotted colonies 4 Policies related to recognised and yet to be recognised educational institutes 5 Policies for IT Parks/Cyber Parks 6 Policy for Cooperative Housing Societies. 7 Policy for Low Cost/ Mass Housing Projects PPI contd. on next page
  • 20. PETITION IN PUBLIC INTEREST haryana real estate “blatant misuse of power”, the court quashed the allotment of the property worth millions just three kilometres from Sukhna Lake. “This court cannot shut its eyes to a patently illegal act committed by the State in showing favouritism to a person who had been a senior functionary in the State, “Justices MM Kumar and Rajesh Bindal observed while directing HUDA to refund the amount received from Prasher for the plot. INCIDENTALLY, the order to allot the land was passed by Hooda. Likewise, it was Hooda who had allowed Ponty Chadha to monopo-lise the liquor trade in Gurgaon and Faridabad for about eight years till 2006. There was a time when Chadha used to own 130 vends in Gurgaon and 150 in Faridabad. This is when something happened between the 30 gfiles inside the government vol. 7, issue 11 | February 2014 www.gfilesindia.com two and, while the Haryana govern-ment changed the excise policy and system of bidding, Chadha decided to withdraw. The arbitrary and ad-hoc manner in which decisions are taken or altered in Hooda’s tenure can be judged from the following two examples: x Dwarka Expressway: A disputed stretch of 4 km is holding up the Northern Peripheral Road, also known as Dwarka Expressway, connecting Dwarka with National Highway 8—an alternate link road between Delhi and Gurgaon. Though this 18 km long road was to ease the traffic on the Delhi- Gurgaon Expressway, at the last minute powerful builders like Navin Raheja allegedly managed to get the alignment of the Dwarka Expressway changed. Now instead of passing over empty land, over 300 houses in New Palam Vihar Colony would have to be demolished to make way for the road. How to safeguard the interests of the thousands of householders without sacrificing the commercial HAT’S off to the Hooda govern-ment for mastering the misuse of change of land use (CLU) and the Land Acquisition Act, 1894. Here are a few illustrative examples of what actually happens: ‡ 3HRSOH VWDUWHG SDQLF VDOH after a government notification to acquire land about three years ago in Ullahwas. Private builders took advantage of the situation and bought land for `3-4 crore per acre. After the final notification, once it became clear that the farmers could not sell their land, the developers reduced the offered price to `2–2.5 crore. Still, the remaining farmers sold off 100-150 acres. Once the sale deeds were executed, the sold lands were released by the government. In this process, poor villagers lost their ancestral land but the develop-ers became stinking rich. ‡ DSLWDOLVLQJ RQ WKH IHDU SVFKR- sis after HUDA issued preliminary notification under Section 4 of the Land Acquisition Act—in Ullahwas, Behrampur, Kadarpur, Ghata, Badshapur and Medawas—to acquire 1,417 acres of land for Sectors 58-63, Gurgaon, private builders spread the word that the government would offer low compensation rates. This helped them corner large chunks of land at throwaway prices in June 2009. ‡ 5HIXVLQJ WR EH FDXJKW LQWR WKH trap after HSIDC issued a notifica-tion to acquire 912 acres of land in Manesar, some smart landowners entered into agreement with private developers and applied for change of land use. Within two years of the final notification, the land acquisition pro-cess was scrapped. ‡ $IWHU WKH ODQG DFTXLVL- tion notice, farmers in Jandli, Kamli, Saunda and Sarai Mehdood sold large Modus operandi: New highways open up land acquisition opportunities for builders (top right); the entry to Dwarka-Gurgaon Expressway (below)
  • 21. gfiles inside the government www.indianbuzz.com vol. 7, 31 issue 11 | February 2014 chunks of land to Alaska Construction and Vatika Ltd. Soon after, the farmers entered into a sale deed with Rajnish Sharma, MD of Alaska Construction and Venod Sharma’s cousin. The land was then released under Section 5-A of the Land Acquisition Act. The modus operandi to favour select builders is very simple and ‘legal’. The only condition is that an official gov-ernment agency, like the HUDA or the Haryana Housing Board or HSIDC, is to be kept in the forefront. Even today, the Land Acquisition Act, 1894, enacted first in the 18th century Bengal, is one of the unusually harsh and draconian laws with lot of discretionary executive powers. Cumbersome and costly proce-dures make it a dreaded tool of State oppression. It provides the legal basis for acquisition of privately held land by the government for public purposes. “Public purpose” under the Act means educational, health institutions, hous-ing, slum or rural development schemes for general public welfare. The process begins with a prelimi-nary notice under Section 4 of the Act for acquisition of land needed or likely to be needed for any public purpose and a notification from the district col-lector’s office is published in the Official Gazette and two daily newspapers. The biggest flaw in the Act is that— even in those cases where the land is genuinely required in public interest —there is a considerable difference between the market value of the prop-erty and price offered to the landowner by the land acquisition officers. Once this notification is made, the owner is prohibited from selling his property, disposing it off or doing anything that might affect its value or compensa-tion— without the prior permission of the collector. In rural India, where agri-cultural land is being passed on from one generation to another and there are multiple owners and joint families, this puts the fear of God in the mind of the landowner. Exploiting this loophole in the law, private builders, developers and col-onisers then approach farmers and landowner, offering them slightly more than what they expect from the government. Most farmers give in at this stage. However, if the landowner refuses, the government department issues a declaration under Section 6. The Deputy Commissioner, or any other competent authority, may then take possession of the land imme-diately, which shall thereupon vest absolutely with the government, free from all claims, whatsoever. Usually this makes the most reluc-tant landowners/ farmers to accept the builder’s offer. Once the deal is brokered, the new owner—the build-er— approaches the TCP Department to award a license for development of land in the stipulated Master Plan area, under Section 9, and withdraw the acquisition notice. As per law, the government is at liberty to withdraw from acquisi-tion of land under Section 16 of the Act at any stage before the physical possession of land. So, in a smooth and legal manner, the government withdraws its acquisition notice and private developer makes his millions from the instant price escalation. Another related issue is change of land use. This invariably requires payment of EDC and official con-version charge, besides an “unof-ficial convenience fee” of anywhere between `25-50 lakh per acre, for smooth, speedy and hassle-free change of land use. The change of land use seemingly has been one of the unwritten key policies of Hooda government, which has allowed conversion of 21,000-acre land from agricultural to residential, industrial or commercial over the last seven odd years. MODUS OPERANDI: HOW FAVOURS ARE GRANTED LEGALLY PPI contd. on next page
  • 22. PETITION IN PUBLIC INTEREST haryana real estate HARYANA today is not a State, but real estate. Agricultural, forest or defence, every bit of land in any corner of the State is up for sale. And the person responsible for it—Hooda —is behaving not as the Chief Minister but Chief Marketing and Business Development Officer of Haryana. First let’s understand why Haryana is in need for such developmental over-drive? The simple answer is that Haryana envelops Delhi on three sides with well defined roads, rail, nation-al, international airports and other infrastructure. Almost 29 National Highways, covering over 1,461 km, 2,494 km-long State Highways and South Asia’s oldest major road Grand Trunk (GT) Road pass through the State. Gurgaon is today the fastest growing and most talked-about business hub with the highest concentration of mul-tinational corporate offices. It is soon going to have the `1,000 crore Rapid Metro Rail—India’s first wholly private (ILFS 74 per cent equity share and DLF 26 per cent) railway project. But, while Gurgaon has so far overshadowed other areas like Faridabad, Sonepat, Panipat, and Karnal, this hierarchical imbalance is not going to last long. Even many insignificant and relatively unheard of places like Kondli, Manesar, Rewari, Hissar, Palwal, Bhiwani, Bahadurgarh, Jhajjar and Bawal are queuing up to break the economic glass ceiling. The effect of all this is a feverish pitch to acquire land and identify new areas for infrastructure development to meet the needs of the growing population for luxury, economy and low-cost housing, commercial and entertainment centres, public utilities, parks, and other urban civic facilities. 32 gfiles inside the government vol. 7, issue 11 | February 2014 www.gfilesindia.com Expressway, or Kundli-Mansear- Palwal (KMP) Expressway, is going to connect Kundli, Sonipat, Manesar, Gurgaon, Faridabad and Palwal. It will cross NH-1 near Kundli, NH-2 at Palwal, NH-8 at Manesar and NH-10 at Western Bahadurgarh. Many inves-tors are investing in residential and commercial projects on both sides of the expressway. Since the commence-ment of work on the Expressway, land prices in Kundli have increased from `25 lakh per acre to `1.5 crore per acre. Almost 242.55 acre land from 14 villages has been acquired for Dwarka Expressway, also called Northern Express Road or Northern Peripheral Road, which will cut down travel time between Delhi, Gurgaon and Manesar. This is going to be the lifeline for major housing projects in Gurgaon-Manesar. Almost 26 new sectors (99 to 115 and 58 to 67) are being developed along this Expressway. Phase III of Metro rail on this route will link IGI Airport and Dwarka. Further, 12 specialised hubs—including Education City (5,000 Development Overdrive? The biggest blockbuster, of course, is the 1,483 km-long Delhi-Mumbai Industrial Corridor (DMIC)—a mega US$90 billion infrastructure project connecting Delhi and Mumbai—being built with financial and technical aid from Japan. The highlights of this project include a Golden Quadrilateral National Highway and a Multi-modal High Axle Load Dedicated Freight Corridor (DFC) running parallel to each other between Delhi and Mumbai. Starting from Dadri, in Delhi NCR, these would pass through six States—Uttar Pradesh, Delhi, Haryana, Rajasthan, Gujarat and terminate at Jawaharlal Nehru Port in Mumbai, Maharashtra. Over 60 per cent area of Haryana is directly or indirectly influenced by DMIC. Several top-of-the-line industrial estates, clusters, indus-trial hubs and investment regions, like Sonipat-Kundli and Manesar-Bawal, are being developed along this corridor with the help of grants and loans from Indian and Japanese governments as well as investments by Japanese and Indian firms. The project area of this ambitious DMIC project extends up to 150 km on both sides of the Delhi- Mumbai Dedicated Freight Corridor and opens floodgate of opportunities along NH-8, NH-2, NH-1 and NH -10 for industrial, urban and supporting infra-structure. Already Bawal has evolved as a mega industrial hub with a large numbers of multinational companies lining up to set up their manufacturing bases. Besides these, two investment regions at Manesar-Bawal-Nimarana and Kundli-Sonepat, as well as two mega industrial areas are coming up at Faridabad-Palwal and Rewari-Hissar to capitalise on the locational advantages. A 135.6 km-long Western Peripheral
  • 23. gfiles inside the government 33 vol. 7, issue 11 | February 2014 acres), Sample Township (8,401 acres), Cyber City (470 acres), Bio-sciences City (1,370 acres), Jahangirpuri-Badli Township (14,226 acres), Fashion City (544 acres), Entertainment City (346 acres), World Trade City (650 acres), Dry Port City (1,770 acres), Leather City (691 acres) and Leisure City (1,853 acres)—would be developed along the KMP Expressway. The Southern Peripheral Road and the Northern Peripheral Road (Dwarka Expressway) will form a ring around Gurgaon, allow-ing long-distance inter-city and inter- State vehicular traffic to bypass the Gurgaon Expressway (NH8). That’s not all, also on the anvil are a Delhi-Gurgaon Expressway with the largest 32-lane toll plaza in Asia on NH8, a 8-lane flyover on Badarpur- Faridabad stretch of Mathura Road and a 4-lane highway in Yamuna Nagar and Panchkula—connecting Haryana to Chandigarh (without entering Punjab). Haryana already has Metro Rail connecting Gurgaon, Faridabad and Bahadurgarh to different parts of Delhi. Many universities and colleges are coming up in Khanpur, Murthal, Karnal, Mewar and Faridabad. A women’s university and Rajiv Gandhi University—on the pattern of Oxford University in Sonipat—a central univer-sity in Mahendragarh, Lala Lajpat Rai University of Animal Sciences in Hissar and the first defense university in Gurgaon should transform Haryana into an international commercial and edu-cational hub in the next 5-7 years. Half of Haryana’s over 20,412 sq kmform part of NCR India's largest and world's second-largest agglomeration with a population of 22,157,000. Haryana also takes pride in the fact that large part of its area is covered under the NCR, for which NCRPB is providing soft loans up to 75 per cent of the project cost. Prima facie it may seem that Hooda stole a march over Sheila Dikshit who used to say that people from neighbor-ing States could come, work and use Delhi’s infrastructure. Hooda’s logic makes better sense from the point of view of NCR—to develop Haryana as a sub-region so that people from nearby areas do not have to migrate or travel to Delhi and the influx of Delhi’s floating population is arrested. But, Hooda has ended up causing more harm than good to Haryana. In the speed to ‘market’ Haryana and develop it, he has ended up widening the gap between the rich and the poor and ignored the real needs of people. Haryana needs development, but not at the cost of its citizens. How many farmers in Haryana, or their children, are going to benefit from the integrated investment regions, mega industrial areas, malls, multi-plexes, IT cities, educational, entertain-ment, world trade and fashion hubs being set up on the land of their fore-fathers? Some of them have suddenly found tonnes of money in their pock-ets, but without the means to spend it wisely. In most cases, the price of all this will have to be paid in terms of depression, suicides, family disputes, drunken brawls, oppression of widows, exploitation of weaker sections and social tensions over distribution of the compensation amount. Likewise, how many of the literate farming youngsters would suddenly land up with smart, sophisticated white collar jobs in IT, multinational and mega-million dollar corporate giants? A bulk of the vacan-cies in such companies will be filled by highly technical foreigners, NRIs and highly qualified public school-educated Indians and the poor citizens of Haryan might be deemed fit only to serve as low-paid security guards, peons, driv-ers or conductors in DTC and Haryana Roadways buses, or low-level consta-bles in Delhi and Haryana Police. Is this is what’s called development, progress and prosperity? Who wins if Haryana and Haryanvis lose? PPI contd. on next page Builders line the main roads of Gurgaon to sell their projects
  • 24. PETITION IN PUBLIC INTEREST haryana real estate interest of the builders/developers, is proving to be a tricky legal issue. That is besides the interests of people of Sai Kunj, New Palam Vihar Phase- III in Gurgaon, whose land too was proposed to be acquired by Haryana government. x Northern Express Road: About 618.5 acres were acquired from Pawala Khasroorpur, Chauma and Kherki Dhaula villages for construc-tion of a 150-metre wide and 25 kil-ometre- long Northern Express Road. This was expected to cost `120 crore and reduce the travel time between Delhi and Gurgaon, but nothing has been done because of protracted litigations. Fifteen kilometres of this road passes through suburban Gurgaon and 10 km through Delhi. As things stand today, while HUDA has acquired the land, it cannot take How Uddar Gagan Properties got absolute monopoly in Rohtak Licenses Area Land Licenses in Hooda Regime since 2005 16 Rohtak 958 acre Jop International Ltd. RGH 6.09 Omaxe Construction Plotted 77.48 Omaxe Construction Plotted 41.91 One Point Realty Plotted 59.66 One Point Realty Addl. Plotted 13.44 Parsavnath Developers Plotted 118.19 Ramesh Chander Plotted 4.4 Sharad farms and holdings GH 14.81 34 gfiles inside the government vol. 7, issue 11 | February 2014 www.gfilesindia.com 636.75 Acre 66.5 % Sonika Properties Plotted 175.64 Sonika Properties Plotted 173.03 Sonika Properties Plotted 19.97 Uddar Gagan Properties Pvt. Ltd. Plotted 92.73 Uddar Gagan Properties Pvt. Ltd. Plotted 15.8 Uddar Gagan Properties Pvt. Ltd. Addl. Plotted 32.45 Uddar Gagan Properties Others Plotted 60.43 Uddar Gagan Properties Others Plotted 51.89 Total 957.92
  • 25. ONE can’t but feel sorry for BhupinderSingh Hooda, who is wearing a crown of thorns. At any given day, he has more enemies within the Congress than outside. What is worse, most of his one-time friends, supporters and cabinet colleagues are among his sworn enemies. The list of such friends-turned-foes includes four-time MLA and heavyweight former State cabinet minister Kiran Chaudhary and her daughterShruti Choudhry, the Lok Sabha MP from Bhiwani- Mahendragarh. Kiran Chaudhary’s husband, late Surender Singh, was two-time MP and Haryana Agriculture Minister, and her father-in-law, Bansi Lal, was the Chief Minister of Haryana. Likewise, former PWD Minister Randeep Singh Surjewala, former Finance Minister Capt Ajay Singh Yadav, Rao Inderjit Singh his son Chiranjeev Rao, who heads the Haryana Youth Congress, Gurgaon MP Rao Inderjit Singh, former Union Minister Kumari Selja, AICC general secretary Birender Singh and Rajya Sabha MP Ishwar Singh are all friends-turned- foes. Many senior Congress leaders, like Capt Ajay Singh Yadav, Kumari Selja, Rao Inderjit Singh and Birender Singh, have gone to the extent of accusing Hooda of a development bias and favouritism towards members of a particular caste in government jobs. The Chairman of Haryana Staff Selection Commission and a close relative of Chief Minister Hooda allegedly played a key role in most of these appointments. Significantly two arch rivals—Capt Yadav and Rao Inderjeet Singh—shed their differences and joined hands to support the demand of 51Ahirwal-dominated villages of Rewari District whose 455 acres of land was sought to be acquired by HUDA to develop two residential sectors. gfiles inside the government www.indianbuzz.com vol. 7, 35 issue 11 | February 2014 possession because of a restraint order by the Punjab and Haryana High Court till the final order. In the first place, there was no need for the road to pass through residential areas. Secondly, the original path was alleg-edly altered in the Master Plan after it was discovered that it might other-wise run through a commercial plot. Most builder friendly CM Hooda should go down in history as the most builder friendly Chief Minister. His is one of the most cor-rupt, pro-builder and anti-farmer Chief Minister Haryana has seen in the last couple of decades. Political pundits allege that big builders, cor-porate houses and industrialists run the government; he is just a proxy— CRY IN THE WILDERNESS FEEBLE VOICES Such photographs are used for newspaper advertisements to show ongoing construction to woo consumers PPI contd. on next page Kumari Selja Capt Ajay Singh Yadav Birender Singh
  • 26. PETITION IN PUBLIC INTEREST haryana real estate Questions for Hooda 1Has Haryana government ever investigated the antecedents and credentials of the companies before they were allowed to acquire land in Haryana and engage in colonisation, buildings and consolidations of land? 2Has any one, including the income-tax department, ever enquired the source of funds flowing into these companies, as also the fact whether their net worth matches that of the value of land they own, or have acquired? 3Has the Haryana government checked the antecedents of the Chairman/ Managing Director/ Directors of the companies engaged in land acquisition and colonisation? 4Has the Haryana government, or any relevant agency, investigated the changing shareholding pattern of the companies that have acquired huge land in Haryana? It is suspected that by changing the shareholding pattern—by selling a big stake—these companies transfer the land in the guise of transferring the share, due to which the government has suffered huge revenue losses. 5Has any concrete action been taken by the Land Revenue Department to assess and recover the said losses? 6Has the Haryana government asked for compliance reports from builders, colonisers and land consolidators regarding the completion of the projects, as claimed by them in the newspapers? 36 gfiles inside the government vol. 7, issue 11 | February 2014 www.gfilesindia.com 7How many builders and colonisers have been fined by the government on the issue of non-compliance? 8Has the Haryana government investigated why builders, colonis-ers and land consolidators are charg-ing extra amount on flimsy grounds from customers due to the delays in the project, whereas the customer is not responsible for any delay. 9Has the Haryana government developed any mechanism to address and rescue the customers from the clutches of builder’s mafia for non-compliance of the terms and con-tracts of the buyer-seller agreement and delay of the project? 10How many cases have been filed against various builders in various courts, including the Punjab and Haryana High Court, and what are the issues these cases raise? 11How almost 1,684 sq km forest area in the State has become barren? 12What was the rationale behind holding all departments related to land and urban development with yourself? Was there no competent MLA in entire Haryana Assembly or was it to control land deals? 13It is alleged that as the Chief Minister, you are responsible for conversion of vast stretches (approximately 3,500 sq km) of fertile and cultivable land into jungles of con-crete. Your comment. 14Why did you change the exist-ing policy on April 24, 2007, to redefine the term “reputed coloniser”? Was it done with the ulterior motive to pave the way for backdoor entry of cer-tain developers of your choice? 15Why did you give one-time relaxation to private schools run by your coterie through Town and Country Planning Department on March 27, 2008, despite their applica-tions being pending with education department for want of recognition? Was it done to accommodate your son-in- law, who is in the business of edu-cation and has ambitious plans in this sector? 16Is it true that your policy dated September 15, 2008, regarding grant of licences to only those cooper-ative housing societies who enter into collaboration with reputed builders with certain financial qualification, was allegedly created to benefit the build-ers of your choice? 17Why did you give an extended time limit to builders to con-struct the project up to 15 years, bypassing the earlier limit of two years from date of possession. It is alleged that the order was issued to favour the group of builders of your choice? 18Is it true that your government has not yet utilised the amount of approximately `10,000 crore collect-ed towards External Development Charges (EDC) from the end consumers through the builders in the last five years for creation of basic amenities?
  • 27. gfiles inside the government www.indianbuzz.com vol. 7, 37 issue 11 | February 2014 19 Why did you gift HUDA resi-dential plots to present and former Haryana MPs and MLAs at Mansa Devi Complex, Panchkula, at throwaway prices of `28 lakh each when the worth of the those plots was at least `1.5 crore each in the open market? 20Is it true that the beneficiaries in the above largesse included your son Deepender Singh Hooda, besides Kumari Selja, Venod Sharma, Kiran Chaudhary, Navin Jindal, Raghuveer Kadian, Randeep Surjewala, Phool Chand Mulana, Captain Ajay Singh Yadav, Chander Mohan, Hansraj Bhardwaj and Shamsher Singh Surjewala and select officers of your choice? 21Why was the direction of Dwarka Expressway changed? Was it done to safeguard the commercial interest of some of your favoured builders/developers at the cost of hundreds of residents of Palam Vihar area in Haryana? 22Why did you change the origi-nal path of Northern Express Road? It is alleged that it was sanc-tioned to please some of your favourite builders and developers? 23Why did you shift the powers of the DTCP to grant or refuse the licences to the office of the minis-ter in-charge, which happens to be the Chief Minister, i.e yourself? Don’t you agree that this was done to directly benefit builders like BPTP? 24 Why did the State define ‘Reputed Builder’ to those allotted the first and the single licence under HUDA 1975 Act? 25Is it true that you favoured prominent builders—like DLF, Unitech, BPTP, Ansals, Vatika Ltd, Suncity Projects, Emaar MGF, Bestech Ltd, Raheja Developers, TDI and Omaxe—in May 2009 by one-time relaxation under the garb of reserving 10 per cent area for low-cost housing in their group housing colonies, which allegedly no builder complied with? 26Why no action has been taken against the said defaulting builders? 27Why did you bring in the policy of removal of height restric-tions for group housing and commer-cial projects? This order allegedly doled out benefits/favours to 391 group housing societies and 57 com-mercial projects. 28What was the rationale behind increasing the per hectare population density in Haryana? 29You have allegedly created three Master Plans which will create concrete jungles without provid-ing the provisions of water, electricity, sewerage, etc. Your comment? 30As per the norms, one plan is implemented in full and only then another plan is envisaged. You have stated that you will implement the Master Plan of 2031. Who has given you this mandate as your mandate is only till 2014? Are you so sure of retaining power for another two decades? 31Why have you created a virtual monopoly of builders in differ-ent parts of the State? Like in Rohtak, where different subsidiaries of Sonica Builders control 66.5 per cent of the total land licences allotted in your regime. The same story is there in every district of Haryana. 32Why no action is being taken against the shell companies and subsidiaries of various builders, which are out to bypass the land holding laws in the State and also avoid registry charges on transfer of ownership of immovable property? 33It is alleged that you and the State machinery have helped BPTP suddenly become the biggest and richest company in the State, with their business taking a quantum jump after you became CM. Your comment. 34Why did you reduce the compounding and conversion fees for commercial properties? It is alleged that the decision was meant to benefit the select violators of building by-laws, who have also cheated the State exchequer. 35It is alleged that the proposed changes in the Master Plan were leaked to favoured builders like Ramprastha, BPTP, etc., who took advantage of such information and purchased huge stretches of land in the very sectors, hence benefitting to the tune of thousands of crores. 36It is alleged that the Haryana government is run by de facto chief ministers like Venod Sharma, Kunal Bhadoo, Arvind Walia, Anil Sharma, Sameer Gehlaut, KP Singh and Kabul Chawla. What made you allow these extra constitutional authorities to act on your behalf? PPI contd. on next page
  • 28. PETITION IN PUBLIC INTEREST haryana real estate Hooda’s coterie the Haryana cadre, as his first Principal Secretary in March 2005. Tayal, who hails from Hissar, was his college friend and both had good rapport. A keen golfer, Tayal was known as a frank and blunt officer. It is reported that Tayal was brought in because he had the experience of Town and Country Planning. Sources disclosed that Chhattar Singh, a 1980 batch IAS officer, who was already working as Additional Principal Secretary was brought in as Principal Secretary at the recommendation of Tayal when the 38 gfiles inside the government vol. 7, issue 11 | February 2014 www.gfilesindia.com Builders’ mantra: Build dream houses, sewer pipes and civic amenities can wait! a rubber stamp. An example of how prominent builders manage to bend policy matters is seen in the meet-ing chaired by Hooda with repre-sentatives of DLF, Unitech, BPTP, Ansals, Vatika Ltd, Suncity Projects, Emaar MGF, Bestech Ltd, Raheja Developers, TDI and Omaxe in May 2009. Assembly elections were round the corner and the government want-ed the developers to announce popu-list low-cost housing schemes. SO, at the behest of Vatika Ltd, Hooda announced a “one-time relaxation” for all those build-ers who applied for Group Housing Colony as part of their plotted colony by the next day and were prepared to reserve 10 per cent area for low-cost housing. In fine print it meant that a builder who agreed to do so would get to build four additional large flats per acre. In one instance, the govern-ment even announced 40,000 afford-able homes for `12.5-`16 lakh each. About 10 top-notch builders were given licenses for 200 acres of land in Gurgaon. But till date, not a single apartment is nearing completion. An irrefutable fact is that no one wants to build low-cost housing projects for the poor. The builders keep exploiting the sentiments behind it to get favours for themselves, but do not actually take such projects seriously. Another example of behind-the-scene administrative support is how HUDA first earmarked one million sq. ft land for open auction in Gurgaon’s Sector 29, but kept unnecessarily delaying the auction to give the build-ers a chance to sell their properties at high rates. A cruel joke, however, is how the new Gurgaon Master Plan tries to pack all economically weaker and low-income groups—expected to be around 42 lakh plus in 2031—on just Haryana Chief Minister Bhupinder Singh Hooda has been ruling the State with the help of his trusted officers for the last nine years. Hooda appointed ML Tayal, a 1976 batch IAS officer of ML Tayal Krishan Khandelwal Chhattar Singh SS Dhillon
  • 29. 50 hectares of land in Sector 68. This means confining them into unhy-gienic and insanitary ghettoes having population density of more than 1,125 people per hectare. In his two stints over the last seven years, Hooda has broken all records of the past 23 years and granted over 1,000 licenses to builders to develop all kinds of plots, group housing soci-eties, commercial plots, IT Parks, IT Cities and low-cost housing projects. While 12 of his predecessors managed to grant licenses for just 8,550.32 acres, Hooda has granted licenses for 21,447 acres. A majority of these licenses PPI contd. on next page gfiles inside the government www.indianbuzz.com vol. 7, 39 issue 11 | February 2014 latter’s term was over. Hooda has looked after the interests of both the officers, given the long association and being privy to Hooda’s secrets, by respectably rehabilitating them. Tayal is the member of Competition Commission of India and Chhattar Singh is a Member of the Union Public Service Commission. Sudeep Singh Dhillon, a senior IAS officer of 1984, was appointed as the new Principal Secretary on August 30, 2013. Dhillion, an upright officer, has varied experience of administration. He has also worked as Vice-Chairman of HUDA. The second most important officer is a 1985 batch officer, Dr Krishan Kumar Khandelwal. As Principal Secretary to the Chief Minister, he looks after media and public relations. Due to his innovative ideas and media management, Hooda won a good number of seats in the last assembly elections. Ironically, Dhillon and Khandelwal are at loggerheads but both are loyal to the Chief Minister. It is reported that apart from these two important functionaries of the Haryana Government, TC Gupta, Director General and Special Secretary, Town and Country Planning and Urban Estates Departments, 1987-batch IAS officer of Haryana cadre is eyes and ears of Hooda regarding land-related matters.
  • 30. PETITION IN PUBLIC INTEREST haryana real estate Dwarka Expressway: Neither express nor way—just a speculators’ den 40 gfiles inside the government vol. 7, issue 11 | February 2014 www.gfilesindia.com THE Dwarka Expressway is a builder’s para-dise and customer’s nightmare. Bhupinder Singh Hooda must have been a dreamer in his life and must have been a good sketchmas-ter, believing in creating castles, towns, casinos on paper. The moment he got an opportunity to turn his visions into reality, he used the Haryana Development Authority’s map and drew a straight line bordering Gurgaon, which is now called the Dwarka-Gurgaon Expressway. It is a dreamland and goldmine for builders. According to the International Monetary Fund (IMF), the growth rate of India is 3.2 per cent. The inference of this is that there is no major industrial activity happening in India. So, one needs a place where the resources can be placed for profit. Hooda has facilitated all the speculators and provided them with their playground—the Dwarka- Gurgaon Expressway. As per real estate experts, the expressway is a gold mine worth `2 lakh crore. It is definitely not just a connecting road from Dwarka to Gurgaon—but much more. There is not a single small or big builder who is not present there. Their colourful hoardings indicate the boundary walls of their money spinning mill, acres of what was once flourishing farmland.
  • 31. gfiles inside the government www.indianbuzz.com vol. 7, 41 issue 11 | February 2014 gfiles team travelled to the expressway to ascer-tain first hand what is happening on the ground. It takes almost an hour to locate the expressway as nobody except the builders knows the exact loca-tion. One starts off from Palam Vihar’s 10-feet street, or the chaotic Old Bus Stand of Gurgaon, approach-ing a 20-feet road further and then going zig-zag through the village. Then you see a bizarre scene, the actual sketch drawn by Hooda on the ground – his dreamland. Nobody knows where the express-way connects or what it connects. The moment you reach the expressway and travel from one end to another, it is not a smooth journey at all. The obsta-cles are many – varying from open nalas, blockades, a temple and even houses. Or, suddenly the road just disappears. One has to go through a twisting kachha track to reconnect with the road. The only roads which seem to be of some calibre are the ones leading to builder plots. The builders have started basic construction, just to advertise in newspapers that actual site construc-tion is going on. This is to collect huge amounts of money from unsuspecting and honest customers, who are sitting miles away visualising designer houses at sites which are just fields and mud. The gfiles team visited one of the builders to see his model villa. It was truly a dream house. The price tag: `4.5 crore, but without water, electricity, road, hospital, schools, etc. The builders are there in full strength. When the expressway will see the light of day, nobody knows. But the villages and their acquired lands are already reduced to slums, turning the lives of the people there upside down. PPI contd. on next page
  • 32. PETITION IN PUBLIC INTEREST haryana real estate and bulk of the land in the last seven-and- a-half years of Hooda rule have been cornered by a clique of just 33 builders. These include Countrywide Promoters, Ansal Properties Infrastructure, DLF, New Gurgaon Home Developers, Intime Promoters (TDI), Omaxe Housing Developers, Unitech, Vatika Land Base, Parsavnath Developers, Emaar MGF Land, IREO KSS Properties, Sonika, Chintals India, AN Buildwell, Bestech India, Uddar Gagan, Reliance Haryana SEZ, Rangoli Projects, India Bulls Estates, Vipul Infrastructure Developers, Dwarkadhis Buildwell, Raheja Developers, Ramprastha Buildwell, Pioneer Urban Land Infrastructure, Herman Fin Properties, Grandeur Real Estate, Uppal Housing, Jai Krishna Artec JV, Mapsco Buildwell, Parveen Gupta, Vipin Gupta, ERA Infrastructure, Martial Buildcon, Desert Moon Realtors Pvt Ltd and Orris Infrastructure. Each of them can be said to be a direct beneficiary of Hooda’s benevolence in the sense 42 gfiles inside the government vol. 7, issue 11 | February 2014 www.gfilesindia.com that they have not only have managed to get large banks of 100 acres, but in a cool, calculated manner have been given virtual monopoly in different parts of the State. HOODA is the uncrowned king of Rohtak, which is often referred to as Haryana’s political capital. In Jat dominat-ed Rohtak, Hooda’s home district and political constituency, a clique of Sharad Farms and Holdings, Sonika Properties and Uddar Gagan Properties—all three subsidiaries of the consortium formed by Zee TV’s Essel Group, Action Group and Odeon Builders—has acquired almost 636.75 acres of land. This gives them a virtual monopoly in the market with 66.5 per cent land licenses in the
  • 33. A housing complex amidst a green belt flouts all ecological norms (left); rising dust adds to the pollution (bottom left) gfiles inside the government www.indianbuzz.com vol. 7, 43 issue 11 | February 2014 district since the day Hooda became CM in 2005. Similarly, in Panipat, Ansal Properties Infrastructure has bagged 346 acre land and 25 per cent of all licenses. The same story is repeated in Sonipat where Intime Promoters has managed to get 887 acres of land and overall 29 per cent of all licenses. Ansal Properties Infrastructure holds 75.6 per cent, i.e., 167.34 out of 221.24 acres licensed in Yamuna Nagar-Jagadhari and 125 acre, that is 33 per cent land licensed in Kurukshetra. Omaxe Construction commands Palwal market with 35.6 per cent land, while Baderwals Infraprojects, VPN Real Estate and Choice Real Estate Developers have complete monop-oly with 100 per cent land licenses in Mahendergarh, Sirsa and Bawal, respectively. Countrywide Promoters is the undisputed king of Faridabad with 1,282 acre of the 2,402 acre land sold—53.4 per cent of all the licenses. Gurgaon is a different ball game. Though Ansal Properties, Anant Raj Industries, Countrywide Promoters, Commander Realtors, Chintals India and Bestech India have all managed to have their own pock-ets of influence in the new areas, DLF Ltd has the overall edge in Gurgaon. Many of the builders use shell com-panies and subsidiaries for obtaining the land—circumventing the land ceiling act, done away with recently. A common practice among develop-ers is to have a matrix of companies to conceal the actual purchase. At a later date, the subsidiary, or the shell com-pany, is bought or sold with the land to avoid registry charges, even though this violates the law on transfer of ownership of immovable property. Planned urban disaster THE fact that three unwanted, undesirable and untimely Master Plans 2021, 2025 and 2031 were introduced within 7 years is symbolic of a methodical and bru-tal exploitation of residential, com-mercial and industrial land under Hooda’s leadership. The hidden agenda behind these frequent chang-es in Master Plans was allegedly to favour few individuals and builders. Only Hooda can say what he gained; the only thing that appreciated in the process was real estate prices, that too in a few pockets of the State. In the overall context, Haryana and its citizens will continue to pay the price in the years to come. One of the first things that Hooda did after coming to power was to change the industrial policy of the State and make it favourable for real estate development. Within 15 months of taking over, Hooda released the first draft of Master Plan 2021 on July 11, 2006. Intime Promoters, Countrywide, Omax, Vipul Infrastructure, Bestech India, PPI contd. on next page Many of the builders use shell companies and subsidiaries for obtaining the land—circumventing the land ceiling act, done away with recently.