Sunday, October 27, 2013

Robert Vadra Land Deal – Damad 420 - Part 1

Robert Vadra needs no introduction to Indian Public. Everybody knows he is husband of Priyanka (Gandhi) Vadra or as they call her out of “love” - Bhaiyaji, Brother-in-Law of, always disappointing, Rahul Gandhi & Son-in-Law of, always invisible, Sonia Gandhi.

The Aura around Robert Vadra

He is the only person who is illegally extended the privilege of “No Frisking” at Airports and enjoys these privileges with a sense of Divine Right. It is, therefore, only fair to evaluate Robert Vadra as a person who will have no moral fear or shame in partaking of any spoils that accrue to him legally or illegally, morally or immorally, due to the power & influences wielded by his Wife’s Family.

The Nehru Gandhi family has been in power for over 9yrs at the Centre and while UPA1 Government enjoyed a period of some urgent & massive loot, UPA2 Government faced a period of unbelievable exposures of the Corruption carried out during UPA1 Government. The scams, unearthed till date, amount to Rs.20 Lakh Crore. How many more are yet to come to light is anybody’s guess, as there is not one Ministry that remains untouched by this widespread & deep corruption. As my friend M R Venkatesh announced during the Mumbai launch of his book a “Dr. Manmohan Singh – A Decade of Decay”, this Govt. has the rare distinction of committing the “Pancha-Bhoot Scam”. The scams touch all five elements of life. Prithvi (Mining scams like Coal & Thorium, countless Landscams), Agni, Jal, Vayu (2G Scam), Aakash (S-Band Scam). Or as Narendra Modi said, the Congress-led UPA has a done a scam starting with every single English Alphabet, where D stands for Daamad ka Karobaar.

Perception’s Decisive edge over Proof of Corruption

Primarily because there has been an over Rs. 20 Lakh Crore of loot (excluding Rs.60 Lakh Crore Thorium Scam.) under the authority of Robert Vadra’s wife’s family, and also because Vadra himself doesn’t shy away from enjoying the spoils that accrue, the people of this Country are convinced that Robert Vadra & the sharp rise in his fortunes are clearly the results of this loot. Most thinking people don’t even entertain a faintest thought about innocence of Vadra. He is Corrupt, his rise is illegitimate & this matter is concluded.

What, however, the country needs to learn is how does Robert Vadra operate?

We have to remember that Robert Vadra has at his disposal the best advice to execute his nefarious activities by enjoying every loophole within the system, looking absolutely normal on the face of it, enjoying a blind eye if, god forbid, something comes up by chance & having a ready Army of Paid Media to divert attention & obscure issues in case of a rare exposure.

We created a system for obtaining India’s brightest minds for the Service of the Nation through IAS, IFS, IPS etc and now these bright minds provide service to their political masters as the institutions they were hired to run have already died a thousand deaths.

This is White-Collar scam. They are not crude. They don’t look like scams on the face of it. Even your strongest suspicions will find it difficult to arrive at their Modus Operandi. This is a learning curve for the nation & anti-corruption forces of the nation, and none is much brighter than the other. Each one of us has to bring out our understanding of a small part of these scams and complete this complex picture.

Please remember, information is always incomplete in such scams and comes slowly. One just maintains a dynamic approach to analysis of such scams. There are no final conclusions but a range of interim conclusions, based on the amount of information available till then.

Corruption & the Corrupt in this 21st Century can be curbed & apprehended, respectively, only through such a wide scale participation for the understanding of the Modus Operandi.

First Case with some Proofs

While the rumors of Vadra’s stake in Helicopter charter business, Kolkata Knight Riders (IPL Team), DLF’s Emporio Mall in Delhi, Unitech’s 2G Venture, Benaami stake in BPTP Lands etc have constantly done rounds, there has been little to offer by way of proof.

However, over the last few months, actions of one IAS Officer, Dr. Ashok Khemka, have brought at least one Robert Vadra deal to public’s notice. There is something by way of documentary proof, sequence of events & hints of Corruption, Crony Capitalism, Benaami Transactions, submission by Govt Offices to the Influence & Power of Robert Vadra.

This is the story of a Land Deal which moved from Onkareshwar Properties Pvt Ltd. to Skylight Hospitality Pvt Ltd. in 2008 & then from Skylight Hospitaity Pvt Ltd to DLF Universal Ltd. in 2012.

The Facts of the Case

The facts presented here are part of Dr. Ashok Khemka’s Reply to the Three-member committee enquiry into the cancellation of Mutation Entry of Onkareshwar Properties-Skylight Hospitality Deal & therefore, Skylight Hospitality-DLF Universal Deal.

The flow of Events

1. Property Description – 5 Bighas & 13 Biswas (3.53 acres approx.) at Khasra No. 730, Village Shikohpur, Sector-83, District Gurgaon.

2. Till 12th Februrary 2008, the property belonged to Onkareshwar Properties Pvt Ltd.

3. On 12th Februrary 2008, the property was transferred by Onkareshwar Properties Pvt. Ltd. to Skylight Hospitality Pvt Ltd. for a total consideration of Rs.7.5cr.

4. On 28th March 2008, “only” a Letter of Intent (LoI) for grant of Commercial License was issued by DTCP for 2.701 acres of Land out of a total of 3.53 acres

5. On 5th August 2008, Skylight Hospitality Pvt. Ltd. entered into a Collaboration (nature of instrument, like Development Agreement, Joint-Venture, AoP or just an MoU etc is not mentioned, however, it is mentioned that it was an unregistered Document executed on a non-judicial paper worth Rs.100/- only) with DLF Retail Developers Ltd. for development of the property on a Commercial Basis.
Pls note: Only a Collaboration has taken place & there is no sale of land yet to DLF by Skylight Hospitality Pvt Ltd.

6. On 15th December 2008, possibly upon payment of Development & Other charges, as may have been mentioned in the LoI dated 28th March 2008, License for Commercial Use of Land is issued. The same is valid for a period of two years, i.e. upto 14th December 2010.

7. After lapse of Commercial License on 14th December 2010, on 18th January 2011, license is extended by additional 2yrs, i.e. upto 14th December 2012.

8. On 3rd April 2012, DTCP grants “only” the permission to transfer the Commercial License in favor of DLF Universal Ltd.
Note: This must be, in all probabilities, an advise/consultation from the DTCP that change of land title will not affect the Change of Land User to Commercial Purpose. Also, that after transfer of Land Title, DTCP must communicate with DLF Universal Ltd & not Skylight Hospitality Pvt. Ltd.

9. On 18th September 2012, the Land is “purchased” by DLF Universal Ltd. (possibly, as Ashok Khemka’s report doesn’t detail & permission for transfer of License is issued to DLF Universal Ltd.) from Skylight Hospitality Pvt. Ltd. for a consideration of Rs.58cr., after holding the property for over 4.5yrs.

Parties Involved

1. Onkareshwar Properties Pvt. Ltd. – A company incorporated in Sept 2004. Then owned by Satyanand Yajee (98% shares).

2. Satyanand Yajee – An Old & close associate of Mr. Bhupinder Singh Hooda, Chief Minister, Haryana. He was reportedly the person-in-charge for building a memorial for CM Hooda’s father, Chaudhary Ranbir Singh in Rohtak.

3. There are reportedly two other Directors – Mr. Sandeep Dahiya & Mr. Sushil Gupta.
Note: I am saying this on the basis of an NDTV Report by Sreenivasan Jain on this matter, published on August 17, 2013. The link can be checked -

4. Mr. Sandeep Dahiya – A nephew of Mr. Bhupinder Singh Hooda from his wife’s side.

5. Mr. Sushil Gupta – Reports allege him to be a close associate of Mr Hooda, from Rohtak. But nothing else seems to be known.

6. Skylight Hospitality Pvt Ltd. – A Company incorporated in Nov 2007. Owned by Robert Vadra (99.8% shares)

7. Robert Vadra – Husband of Priyanka Gandhi. Son-in-Law of Sonia Gandhi.

8. DLF Retail Developers Ltd. – A wholly-owned subsidiary of DLF Ltd., run by daughter of Mr. K P Singh – Pia Singh. The company is primarily into Development of Retail Space & is the owner of DLF Emporio, the high-end Mall in Delhi, amongst others.

9. DLF Universal Ltd – Possibly same as DLF Ltd, as the name was changed in May 2006.

Dr. Ashok Khemka’s Accusations

1. The sale consideration of Rs.7.5cr mentioned in Sale Deed between Onkareshwar Properties Pvt. Ltd. & Skylight Hospitality Pvt. Ltd. was never paid out and the Stamp Duty of Rs.45 Lakh was paid by the Onkareshwar & not Skylight. This is contrary to the submissions in the Sale Deed between the two parties. Both the facts are construed as misrepresentation of the facts in front of Joint Sub-Registrar of Assurances.

2. Dr. Khemka points outs that since no payment was made, the Sale Deed didn’t confer ownership title over the land, under discussion. He calls the Sale Deed a Sham-Deed, and has, on this basis cancelled the Mutation Entry in the Land Revenue Records of Gurgaon.

3. Then Dr. Khemka dwells on the possibility of “inability” of Robert Vadra to pay Rs.7.5cr of Sale Consideration & Rs.45 Lakhs of Stamp Duty through his company Skylight Hospitality. He points to various media reports carrying statements of CMD of Corporation Bank, his own analysis of the Audit Report of Skylight Hospitality etc. He then extends this argument to Skylight’s capacity to even carry out Commercial Development, on the said land.

4. Then he construes all of this as misrepresentation of facts. And adds it up as a reason for his cancellation of the Mutation Entry into the Land Revenue Records of Gurgaon.

5. Then on Page 54 of his Response to the Three Member Committee Inquiry Report into this case, Dr. Khemka goes on to accept, on the basis of details in Collaboration Agreement between Skylight & DLF Retail as well as Skylight’s Balance Sheet that the Payment was finally made around August 2008 after Skylight received Rs.25crore from DLF Retail, on execution of Collaboration Agreement.

6. He also accuses DLF of obtaining Letter of Intent as well as License for Commercial Use of Land through Skylight Hospitality only to get the Unofficial Premium (corruption money to get LoI, black money) accounted for since on books of DLF Retail, the payment to Skylight Hospitality is made through Bank Transaction (white money).

7. Dr. Khemka also argues that since the Collaboration Agreement was not registered, it cost loss of revenue to Land Revenue Dept by way of Stamp Duty. He accuses the personnel of the Dept to have played into the hands of such parties as they entertained communications from DLF Retail, on behalf of Skylight Hospitality.

8. Little later, Dr. Khemka reveals that there was a Power of Attorney issued by Skylight Hospitality in the name of Devinder Singh, who was primarily a DLF Personnel.

9. Then, Dr. Khemka questions the issuance of License of Commercial Use to Skylight Hospitality because the possession of the Land has already been given to DLF Retail.

10. Dr. Khemka also construes Collaboration Agreement as Sale Deed. This is inspite of clear mention in the Collaboration Agreement that DLF Retail & Skylight Hospitality will each have a 50% stake. And for DLF’s 50% stake Rs.20 crore was paid as an Advance & Rs.5cr was paid as interest-free, refundable deposit against Skylight Hospitality’s 50% Built-up area, to be refunded back to DLF Retail upon handover of the Built-up area.

11. On Page 69 of his response, Dr. Khemka, accuses DLF of having considerable clout within DTCP for getting renewal of Commercial Land Use License, as even now there is no work going on at the site & current License may lapse.

12. Dr. Khemka, thereafter, questions the permission to transfer of Commercial Land Use License from Skylight Hospitality. He likens it to Driving License and says it is given on the basis of ability of the Land Owner to carry out the Development.

13. On the 18th September 2012 Sale Deed between DLF Universal & Skylight Hospitality, Dr. Khemka says, the details of the Collaboration Agreement are not mentioned and this too is misrepresentation of facts in front of Joint Sub-registrar of Assurances.

14. Going back to Onkareshwar Properties, Dr. Khemka says, selling the 3.53 acre Land to Robert Vadra, through his company Skylight Hospitality, gave benefits to Onkareshwar Properties by way of issuance of Group Housing Licenses from DTCP on two other properties of this company in Sihi Village, Sector-82, District Gurgaon. One, was a 6.262 acre land, the other was a 15.068 acre land.

The above is the summary of the charges made by Dr. Khemka, in his response. Most of these charges, unfortunately, don’t hit the nail. There is clearly something wrong with the deals here. A company owned/run by Mr. Hooda’s associates & relatives is dealing with Robert Vadra’s company.

This Blogpost was written for Niti Central originally. It can be accessed here - 

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