शिमला।प्रदेश विजीलेंस ने भाजपा सांसद अनुराग ठाकुर की एचपीसी को लेकर 1 अगस्त को शाम 9बज कर पांच मिनट पर एफआईआर दर्ज की थी।यहां पढ़े पूरी एफआईआर
Today on 1.8.13 the final enquiry report alongwith enquiry file of complaint no. 3/13 c/cs-1/13-53-7673-76 dated 16.5.13 which wa sent to vigilance hdqrs,shimla with recommendation to register a case under IPC and PC Act. Ragarding irregularities committed by the involved persons in allotment of land granted on lease to HPCA have received vide letter No.SV&ACB HDQR/siu/congress chargesheet no.3/2013-13331 dated 1.8.13 and SP SV&ACBN/Roffice Endst No. 6012 dated 1.8.13 with the direction to register an FIR.
The brief facts of the complaint are that the BJp govt. has committed irregularities in allotment of land, construction, hotel,and ground of HPCA.The complaint was entrusted to SHO PS SV@ACB dharmshalaon 16.513. Further on 5.7.13 the learned court of special judge kangra at dharmshala directed to SHO PSSv@ACBdharmshala to conduct the enquiryU/S 202 Cr.PC.in the same matter.
The Enquiry was further entrusted to inspector Jagdish Chand E.O.PS SV@ACB Dharmshala.During the enquiry SHO Collected the relevant record from the office of DC kangra Dharmshala and other deptt. during the enquiryit was found that himachal Pradesh cricket association was registered as a society at dharmashal under the cooperative societies registration act 1860with their address shown being chamba.The registration no. was 72/c/hrc.As per the record available from the office of registerar cooperative societies Shimla.Himachal Pradesh Cricket Association is still working as a society.
In sept 2001 as per the record available from DC office kangra at dharmshala a permission/NOC for transfer of village land to the HP Youth services & sports deptt. was conveyed vide letter No.EDN-A-Ja[8]-5/2000 dated 15.9.2001.
The permission from commissioner-cum-secretary[Edu] to the govt of HP .Shimla stipulated some conditions which are as follow-:a, sufficient land should be spared in vicinity of land for the present UGC accommodation for future construction of staff qtrs.
college should have freeand unconditional access for the use of cricket stadiumfor college students. c,the stadium should have independent approach so that during college hour there is no disturbance to the normal instructional work and study of students etc. as per record available from the DC office kangra a lease wae executed between the director youth services and sports and President Himachal Pradesh Cricket Association on 29.7.2002at the token rate of Rs/-1/per month and the khasra no.2826/1,2838/1,3547/3335/1,3547/3335/2/2,3335/2 kita 5 measuring 49118.25 sq.mtrs.situated at mouja &teh dharmashala was leased out for the purpose of construction of International Cricket Stadium,
In the year 2005 on 14.7 2005 as per copies of the record available a company was registered at Kanpur in the name of himalyan players cricket association. Subsequently after 1 1/2 months on 31.8.2005 the name of Himalyan players cricket association [originally incorporated on 14/7/2005in the name of himalyan players cricket associationhaving duly passed resolution on 2005],the company’s name was changed to himachal Pradesh cricket association.
it is interesting to note here that starting from 31.8.2005 himachal pradesh cricket association has existed as two entities.The 1st being himachal Pradesh cricket association as a society registered in 1990 at dharamshala and the 2nd being Himachal Pradesh cricket association registered as a company at Kanpur. On 3.7.2008 president of himachal Pradesh cricket association writes a letter to the director YSS,saying that vide lease document no 678 dated 29.7.2002 registered at sub registrar office at dharamshala the association has already been leased land at mauja and the dharamshala.
The President Himachal Pradesh cricket association also requests that another land comprising khasra no.3547/3335/2/1 measuring 729sq.mtrs.situated at mauja and the dharamshala which is also govt land and that the same is adjoining to mentioned leased land. khasra no.3547/3335/2/1 is also requested to be leased out in the name of Himachal Pradesh Cricket Association.
There are few strange things worth noting here:-the only reason being given for the lease of land in the application is that it is adjoining to the already leased land.There is no other reason or justification for this request.There is no mention here of the fact that himachal Pradesh cricket association has also been registered as a company at Kanpur.The himachal Pradesh cricket association was registred at Kanpur in 2005 .
The letter is addressed to the directorYSS on 3/7/2008 whereas as per revenue records the said land is owned by the HP education deptt.and is transferred to the HP YSS & sports deptt.only subsequently.it is almost as if the Himachal Pradesh cricket association knew in advance that this land is going to be given to the HP YSS deptt.. furthermore as per demarcation of land which was carried out by the halqua kanungo.this land has still not been leased to the HPCA .The khasra No. have virtually been encroached upon by the HPCA.The said land is very much a part of the cricket stadium.As per the jamabandi of the year 2002-03 there was a two storeyed hodtel on the said piece of land which is every liklyhood was demolished to facilitate the lease of said land .
On 16.1.2009 the additional chief secy -cum- FC revenueto the govt of HP conveyed the approval of lease out govt land at mohal kand mouja ghaniyara.Dharamshala khasra no. 400/389/2/2and khasra no400/389/2/1 kita 2 khata66 min khatauni no 157min to the principal secy.YSS to the govt of HP. in favour of HPCA dharamshala for construction of residential buildings for players and other infrastructure facilities for sport for a period of 99 years.On 14.3.2012 Principal secy.Revenue writes to DC kangra and conveys that the revenue deptt has no Objection in allowing the lease land for commercial purpose as well as lease already granted.Provided that the lease money is charged as per lease rules 2011 and the ability to use the land for the said purpose is kept in mind.It is pertinent to point out here that the land given for commercial use as per revenue record is common village land.
What is most curious here is the HPCA was granted permission for commercial use of this land belonging to the gram panchyat Upperly Dari. Which in its NOC categorically writes that HPCA wishes to built a Motel on Khasra No.389/400 in village Kandi.This virtually indicates that the gram panchayat was aware ofHPCA’s intentionto built a motel even before the govt had grantedpermission/NOC for any kind of lease.as per the record available with the undersigned [ie enquiry officer].
The Director YSS shimla writes letter to thepresident HPCA {letter No.1389 dated 26.3.2008] in response to his letter dated 28.12.2007 addressed to the chief minister Ho saying that the HPCA is allowed to construct a club house in cricket stadium at dharamshal after completing all the formalities.
during the course of enquiry it was found that HPCA club area is being run under the name of AVEDA Which is owned by VCI Management services pvt.ltd.a private company based at janakpury,new delhi.As per the record provided by the AETCdharmashala the turn over of pavilion hotel is Rs/-1893426 and the turn over of Aveda is 1,82,52,467 for the year 2012-13. Interestingly while hotel pavilion is paying lease amount per year to the govt of HP, Aveda inspite of running as a commercial enterprises only paying token lease amount to the govt of HP.
On 2/11/2012 the Honorary secretary HPCA Shimla to inform him that the status of HPCA registered and society registration act 1860 has been changed to section 25 of company incorporated under the company act 1956. The Registrar cooperatives societies HP Shimla has been repeatedly writing to HPCA asking them to submit the certificate of incorporation of HPCA as Company which has till date not been supplied to the registrar,cooperative societies.
Summarlly the finding of the enquiry are as under-:
1. HPCA is registered first as a society in the year 1990 at dharmshala and then as a company first under the name of Himalyan players cricket association and then under the exact same name HPCA at Kanpur in 2005 and transferred to registrar of companies {Punjab,HP and chandigarh}chandigarh in the year 2011
2.Huge tracts of land were leased to HPCA first in 2001and then in 2009.But after 2005 HPCA has never disclosed its parallel existence as a company in any of its correspondence with the govt of HPCA.The first time they have revealed their status as a company was in their letter written in 2012 and too merely by way of information.
3.All the land lease was in the name of HPCA which is essentially a non -profitenterprise devoted for the cause of cricket.the land has been leased to them for a token amount and after having acquired total land ther is only a general body meeting held on 22.9.2012 .Where a unanimous resolution has been proposed and passed to convert the society into section 25 company with all its assets, liabilities, contracts and obligation. it is worth mentioning that after the assets have been created by getting them in the name of society from the govt of HP there is an attempt to transfer it to a company of the same name which has been surrepetioutly created in the year 2005 in Kanpur and transferred to chandigarh on 2011.
4. From the perusal of record it can be seen that the lease rules were amended in 2011 and clause 4{IV] includes promoters of sports activities which was not present in the orginal lease rules of Govt.Perhaps with the intentionof helping HPCA in the supplementary lease deed of pavellion Hotel
CONCLUSION-:
The final conclusion of the enquiry is that Govt of HP was dishonestly induced into believing that HPCA is a non profit society and was caused to deliver property ie huge tracts of land first in 2001 and then 2009. Secondly HPCA being entrusted with dominion over lease for 99 years,by converting the society into the company in 2012 has dishonestly converted the said lease land to its own use.The HPCA by not sharing its proceeds from so called sports club house AVED has also caused wrongful loss to the exchequer and wrongful gain to the company and therefore Regular FIR U/S 406,420,120-B IPC and 13[2]PC Act is recommended for registration and investigation to bring out the whole truth.
संबंधित खबरें
विजीलेंस ने भेजा मीडिया के कुछ लोगों को सवाल पूछने,भाजपा सांसद अनुराग का लांछन
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