Society thwarts land-grab bid

Pune: The members of Anupama Cooperative Housing Society in Aundh thwarted a land shark's bid to grab the plot on which it stands, driving the inspector-general of registrar (IGR)'s office to file the state's first case against a fraudulent developer for registering fake documents with a sub-registrar.
The FIR against the developer has been lodged with the Kondhwa police.Civic activist Vijay Kumbhar, also a member of the society, said, "This is the first case where the IGR office has registered a case against a developer, his firm and others."
According to the ready reckoner price, the value of the 11 guntha land of the society is Rs 15 crore.
Senior district revenue officials and former officers told TOI that there were several cases of housing societies' land being grabbed by developers in connivance with revenue officers, police and politicians. Anupama Cooperative Housing Society was one among them.
A member of Anupama society said, "One day, some people entered our society and started measuring the land. We were not aware who they were. When we asked, they told us they represented the owner of the land on which the society stood. They claimed that the owner wanted to redevelop the society as it was more than 30 years old."
Kumbhar sought original documents using the Right to Information Act from the registrar's office and found that a fake power of attorney document was prepared. The documents, not even notarized, was registered with the sub-registrar's office (SRO). The signatures on documents differed, many names were scratched out and fake maps were attached.
The copies of original documents, in the possession of TOI, show that the deed of conveyance was signed in 1993. But in the fake documents, the power of attorney was given by the owner in 1980. No PAN card copies were attached with the registered documents, nor addresses were recorded. Yet, the SRO Haveli-12 accepted them for registration in 2010.
"We came to know about this only because the fraudulent developer started frequenting the society. He was indirectly warning the society members that he owned the society land and had every right to redevelop it. He also sent a subtle message that he would drag the society members to court if they opposed redevelopment," Kumbhar told TOI.
When the society members questioned the developer and followed up the case with the district administration, Aundh talathi gave a letter to them. It stated the specific number given to Anupama society in 2004 to facilitate registration according to the new computer system. The power of attorney, which the developer claimed was signed in 1980, mentioned the society number allotted in 2004.
Fight at IGR level
Vijay Kumbhar lodged a complaint on behalf of the society with the IGR office regarding the fraudulent registration no. 1939 and 2283 of 2010, requesting it to cancel documents and file criminal complaint against all the conspirators.
The joint district registrar (JDR) conducted an inquiry on February 25, 2016 and admitted in his report fake documents were registered. But the JDR refused to cancel the documents, citing its right was with the civil court. The JDR stated that the SRO concerned had to seek permission from the district registrar to take action under Section 82 of the Registration Act.
"This was the first attempt to shield culprits," said society member Manohar Patange.
Another member Vijay Deshmukh said, "As the SRO concerned (now retired) was a party to the conspiracy, chances of seeking permission to file complaint by him were near to impossible."
After pursuance of the society members and repeated letters from Kumbhar, IGR directed the JDR to file a case. Finally, SRO filed an FIR with the Kondhwa police station last month (3029/2016).
Graphics
Eye on society land
Land mafia get documents and all information about society lands from government offices
Gangs especially eye old societies, which need redevelopment
Forging documents, developers transfer land to their names and approach societies for redevelopment
They compel societies to sign redevelopment papers or warn of legal action and court cases
Check that
Regularly check land records on IGR website http://igrmaharashtra.gov.in/
Land records can be acquired from talathi office
Land records are also available on revenue department website https://mahabhulekh.maharashtra.gov.in/
Reluctant to act
The department of registration has registered two sale deeds (no. 1939 and 2283 of 2010) of literally robbed property
It is now denying to cancel the said documents, citing the ‘right of cancellation of documents is with the civil court only'
Authority of cancellation of fraudulently registered documents is with the registration authority itself, say citizens
Chennai shows the way
IGR Chennai in a circular dated November 3, 2011 has laid down the procedure to inquire into complaints of fraudulent registrations and to cancel them
It states that large number of petitions being received in department reveal that the number of fraudulent registrations is increasing day by day
It has proactively started dealing with and cancelling fraudulent registration
This circular was challenged in high court by several rival petitioners
Madras high court in "Ramaswami vs The State Of Tamil Nadu" case has upheld the circular