A complaint has been made against N K Gupta CMD ,Mangalam Group controller of The Mahaveer Co-operative Housing Society , about the fraud and cheating in the Rishi Nagar Yojana . First complaint was made on 15-07-2009. Subsequently it was registered as PE C-117 on 17-02-2011 in JDA Thana. On 07-02-2012 authorities ordered Thana In charge to register a case FIR-77/12 under 406,420 and 120B. Police hurriedly filed a FR as per detect of the accused. They ignored all the information received under RTI from JDA and Registrar Co operative Societies and their audit reports. The FR came up for hearing on 11th April 2014. We filed a protest petition highlighting the partial attitude of IO and true position of the YOJANA as on the date of sell to us. The FR stand rejected as per the order dated 8th May 2014.
The police on the behest of accused developed few wrong notions about the law which has reflected in the rejected FR. Last four months, I have meet with senior JDA officers and police officers in the Jaipur commissioner’s office & several times interacted and spoke to them about the facts of the case and action against the prime accused N.K.Gupta. The facts are:
1. The auditor of Co operative society in their report (87-89 to 97-98) have made observation that the society buying agriculture land on IKARARNAMA selling them as residential plots without getting the land registered on its name and getting the YOJANA approved from competent authority, is against the law. The Honorable Judge in his order has said the society has done cheating by selling plots and collecting money for a disputed YOJANA on the land which has not been legally transferred on its name. The Supreme Court of India has made it clear in their judgment that under section 54 of transfer of property act , all transaction on sale agreement are illegal and do not confer ownership till conveyance deed is made and registered.
2. On the behest of accused, police had coined the theory of ACQISITION AND MUWAVJA to some other buyers of plots disputed YOJANA. The court has not accepted his notion. A fraud and cheating has been committed in the beginning itself when on agriculture land a disputed YOJANA was created without getting it approved and registered as per the law. The ex-office bearer N K Gupta (he is controlling it since 02-05-90) and his associates did a criminal breach of trust with me. The government has NOT acquired any land owned by the society, therefore talking about MUWAVJA is illogical and eyes wash. In fact the criminal negligence and intentions of N K Gupta and his associates are evident from not getting legal rights and approval for the YOJANA before selling the plots. More so, a part of the land in the disputed YOJANA belonged to reserved category farmers GHISA and CHHAJU. The court has ordered the police to probe how the society has obtained legal ownership of this land and purchased it.
The police on the behest of accused developed few wrong notions about the law which has reflected in the rejected FR. Last four months, I have meet with senior JDA officers and police officers in the Jaipur commissioner’s office & several times interacted and spoke to them about the facts of the case and action against the prime accused N.K.Gupta. The facts are:
1. The auditor of Co operative society in their report (87-89 to 97-98) have made observation that the society buying agriculture land on IKARARNAMA selling them as residential plots without getting the land registered on its name and getting the YOJANA approved from competent authority, is against the law. The Honorable Judge in his order has said the society has done cheating by selling plots and collecting money for a disputed YOJANA on the land which has not been legally transferred on its name. The Supreme Court of India has made it clear in their judgment that under section 54 of transfer of property act , all transaction on sale agreement are illegal and do not confer ownership till conveyance deed is made and registered.
2. On the behest of accused, police had coined the theory of ACQISITION AND MUWAVJA to some other buyers of plots disputed YOJANA. The court has not accepted his notion. A fraud and cheating has been committed in the beginning itself when on agriculture land a disputed YOJANA was created without getting it approved and registered as per the law. The ex-office bearer N K Gupta (he is controlling it since 02-05-90) and his associates did a criminal breach of trust with me. The government has NOT acquired any land owned by the society, therefore talking about MUWAVJA is illogical and eyes wash. In fact the criminal negligence and intentions of N K Gupta and his associates are evident from not getting legal rights and approval for the YOJANA before selling the plots. More so, a part of the land in the disputed YOJANA belonged to reserved category farmers GHISA and CHHAJU. The court has ordered the police to probe how the society has obtained legal ownership of this land and purchased it.