vadra expose booklet 28.04.2014
TRANSCRIPT
About land purchase by Shri Robert Vadra in Haryana
M/s Skylight Hospitality was floated by Mr. Robert Vadra as a registered company in November‐2007 with one lakh rupee of equity capital. In February‐2008, the Company registered the
purchase of 3.531 acres of agriculture land in village Shikohpur, Sector 83, Gurgaon for Rs. 7.5 crores using a false cheque. Cheque No. 607251 for Rs 7.5 crores was shown as payment made to
the vendor M/s Onkareshwar Proper�es in registered deed No. 4928 dated 12.02.2008. It was claimed in the deed that Rs. 45 lakhs towards stamp duty was also paid in cash by M/s Skylight
Hospitality. The advances received from M/s DLF were used to pay for the cost of land and stamp duty later on 9th August 2008. The land with commercial colony license permission for 2.701 acres was sold to M/s DLF for Rs. 58 crores. As per clause 3 (a) of a collabora�on agreement
dated 5th August, 2008, the possession of the land was already handed over to M/s DLF. A total considera�on of Rs. 58 crores for sale of land and commercial colony license was received as
follows:
Rs 5 crores on 03.06.2008
Rs 10 crores on 27.03.2009
Rs 35 crores on 07.10.2009
Rs 8 crores on 25.07.2012
A Le�er Of Intent for commercial colony license was issued with great speed by the licensing authority, Director Town and Country Planning Haryana, on 28.03.2008, within just 18 days of the
applica�on made. The commercial colony license was similarly granted in great hurry on 15.12.2008 against the applica�on made on 18.11.2008. The license was renewed on 18.01.2011
and permi�ed to be transferred on 03.04.2012.
The value of 3.531 acre land shot up by Rs. 50 crores due to the commercial colony license permission accorded to the company by the government. The value of the LOI/ License was Rs. 50 crores which was hawked to M/s DLF Retail Developers (now DLF Universal). The fortunes of M/s Onkareshwar Proper�es soared from Rs. 6,783/‐ as on 31.03.2005 to a bank balance of Rs 70.84 crores, net investments of Rs 85.27 crores and fixed assets of Rs 9.76 crores within a period of 6
years as on 31.03.2011.
Ques�ons to Smt. Sonia Gandhi and Shri Rahul Gandhi
Mrs. Sonia Gandhi, Mr. Rahul Gandhi and Mr. Robert Vadra must come clean on the land deals of Mr. Robert Vadra and his companies and answer the following ques�ons to the na�on.
1. With a cash & bank balance of Rs. 1 lakh, how was cheque no. 607251 for Rs. 7.5 crores issued by M/s Skylight Hospitality to M/s Onkareshwar Proper�es on 9.2.2008? Who paid the Rs. 45 lakhs in cash towards stamp duty on 12.02.2008?
2. Whether the cheque no. 607251 belonged to Skylight Hospitality and whether the cheque was presented to the bank for encashment?
3. Who are the beneficial owners of M/s Onkareshwar Proper�es? What was the quid pro quo for the sweetheart deal with M/s Skylight Hospitality?
4. What was the real purpose of M/s DLF Retail Developers when it paid M/s Skylight Hospitality advances of Rs 6.5 crores on 05.06.2008, Rs. 1 crore on 10.06.2008 and Rs. 0.55 crore on 12.06.2008? Were the purposes of these advances changed at a later date?
5. Was the payment of Rs. 7.95 crores (Rs 7.5 crores towards cost of land and Rs 45 lakhs towards stamp duty) not paid to M/s Onkareshwar Proper�es on 09.08.2008 vide cheque no. 978951 a�er receiving advances from DLF as above?
6. What assessment was made of the technical and financial capacity or intent of M/s Skylight Hospitality to develop over two lakhs square feet of commercial complex before issuing the LOI in a hurry within 18 days of the applica�on on 28.03.2008?
7. A Collabora�on Agreement dated 5.8.2008 was entered into between M/s Skylight Hospitality and M/s DLF Retail Developers to develop a commercial complex at the site. Why was an unregistered agreement entertained by the licensing authority against the provisions of the Registra�on Act leading to loss of crores of State revenues?
8. Why was the commercial colony license granted in favour of M/s Skylight Hospitality when it was clear in the applica�on for grant of license and other correspondence that the actual developer would be M/s DLF Retail Developers (renamed DLF Universal)?
9. When M/s Skylight Hospitality had already entered into an agreement to sell the land against which Rs. 50 crores was received as advance against sale and possession of the land was handed over to M/s DLF, why was the commercial colony license renewed in favour of M/s Skylight Hospitality on 18.01.2011?
10. Under what statute is the colony license permi�ed to be transferred and sold?
11. The transfer of the land was completed before August, 2008 as per sec�on 2 (47) (v) of the Income Tax Act, 1961. Was tax paid by M/s Skylight Hospitality in the AY 2009‐10 (FY 2008‐09) on the short term capital gains of Rs. 50 crores which accrued to the company and if not, what penalty proceedings have been ini�ated against the company by the Income Tax authori�es?
12. Do Mr. Rahul Gandhi and Mrs. Sonia Gandhi support the business model of Mr. Robert Vadra? The business model of Mr. Robert Vadra is kleptocra�c ren�ering from the discre�onary licensing and change in land use permissions of the government.
13. What went behind the scu�ling of the thema�c audit, “Issue of licenses for development of colonies etc. a�er release of land” in Haryana by the Comptroller and Auditor General on 3rd June, 2013?
Likely offenses involved:
1. Offences under sec�ons 9 and 13 of The Preven�on of Corrup�on Act, 1988.
2. Offenses under sec�ons 417, 467, 468, 471 and 120B of IPC for non‐disclosure of material facts in the renewal applica�on of M/s Skylight Hospitality, viz, that it had entered into an agreement to sell the land and received Rs. 50 crores as advance against sale of land and that the possession of the land was handed over to the buyer.
3. Offence under sec�on 82 of the Registra�on Act, 1908 for making false statement in the registered deed No. 4928 dated 12.02.2008.
4. Offences under sec�ons 217 (5) and sec�on 628 of the Companies Act, 1956 for showing false book overdra� of Rs 7.94 crores in the balance sheet of M/s Skylight Hospitality as on 31.03.2008.
Viola�on of Haryana Ceiling on Land Holdings Act, 1972.
Mr. Robert Vadra started acquiring land in Haryana from 9th Sept 2005. As on 7th Dec 2009, the total land acquired and owned in Haryana by Mr. Robert Vadra including his wife and his companies was 147 acres or more, against the permissible limit of a maximum of 54 acres. The limit is less in case the land acquired is of be�er category (ceiling is 18 acres for ‘A’ category land). The permissible limit was first exceeded on 9 Jan. 2008 which is con�nuing �ll date. The declara�on of surplus area is mandatory under sec�on 9 within 3 months of the acquisi�on.
Ques�ons to Smt. Sonia Gandhi and Shri Rahul Gandhi
1. Why was no ac�on taken against Mr. Robert Vadra for exceeding the permissible limit under the Haryana Ceiling on Land Holdings Act, 1972 and failing to make the mandatory declara�on under sec�on 9.
Likely offense involved:1. Non‐declara�on of surplus area is an offense under sec�on 21 of Haryana Ceiling
on Land Holdings Act, 1972.
Destroying Ins�tu�ons, bligh�ng the honest and rewarding the
corrupt
The governments of Congress ruled states have been reduced to vassals under the
Gandhi‐Vadra family. The ins�tu�ons of the State and their statutory apparatuses are
being destroyed, the honest and sincere officers are ac�vely discriminated against and
hounded and the corrupt are rewarded and promoted. The BJP asks the following
ques�ons from the first family of the Indian Na�onal Congress.
1. An IAS officer who handled change in land‐use and colony license permissions for
nine years from 2005 to 2013 in the office of the Chief Minister Haryana was appointed
Member of UPSC in September, 2013, i.e., 5 months a�er his re�rement. The officer had
re�red in the rank of Addi�onal Secretary. The post of Member of UPSC is normally
meant for officers in the rank of Secretary to Government of India. What considera�ons
weighed in the appointment?
2. Why is the statutory order dated 15 October, 2012 of the Director General
Consolida�on of Land Holdings, Haryana under sec�on 42 of the East Punjab
Consolida�on Act of 1948, cancelling the land muta�on between M/s Skylight Hospitality
and M/s DLF Universal not implemented �ll date? Are some individuals bigger than the
rule of law? Can a Commi�ee of three IAS officers appointed by a Congress Chief
Minister conduct a fair and independent inquiry against the Gandhi‐Vadra family? Can
this Commi�ee usurp the authority of the High Court and nullify a statutory order? What
is the credibility of the Commi�ee of three IAS officers, of whom one member was
Principal Secretary, Town & Country Planning Department and in whose tenure the
commercial colony license was wrongly renewed on 18.01.2011? What considera�ons
weighed upon the Government in extending the service of the Chairman of this
Commi�ee a�er his re�rement from the IAS?
Ques�ons to Smt. Sonia Gandhi and Shri Rahul Gandhi about land
purchase by Shri Robert Vadra in Rajasthan
1. Is it a fact or not that Mr. Robert Vadra through his various companies like Skylight
Realty Pvt Ltd, Real Earth Estates Pvt Ltd, Sky Light Hospitality Pvt Ltd etc. purchased
about 1634 hectares lands in Rajasthan’s Bikaner district between June 2009 to August
2011. For what purpose such huge chunks of lands were purchased in various parts of
Bikaner district.
2. Is it a fact or not that the western districts of Rajasthan receive the maximum solar
radia�on and solar energy was sought to be promoted under the overall policy of
encouraging non‐conven�onal energy. With this end, solar park was sought to be
established as per the solar policy of Rajasthan Government were by more than 700
companies have registered themselves with a proposal to generate more than 16,000
MW of solar power.
3. Is it a fact or not that as per Government of India policy the Government of
Rajasthan was to establish a land bank to provide land at 10% of DLC rate to investor for
solar energy? Quite aware of all this Mr. Robert Vadra through his front companies had
purchased most of the land near the Highway or near the grids sub‐sta�ons taking
benefit of the very helpful a�tude of the Ashok Gehlot led Congress Government of
Rajasthan.
4. Mr. Robert Vadra very well knew that land around power sub‐sta�on would be
valuable once Government announces incen�ves for solar power genera�on because
solar plants situated close to sub‐sta�on are most economical because with less
investment power can be evacuated.
5. Is it a fact or not that companies were forced to purchase land from Robert Vadra’s
companies at huge cost who were desirous of producing solar power. The then Congress
Government in Rajasthan was working in perfect co‐ordina�on with Robert Vadra to
facilitate huge return for his investment.
6. To help him even the Agriculture Land Ceiling Provision of Rajasthan were
amended. Under sec�on 4(J) of 1973 Land Ceiling Act the maximum permissible area in
the desert zone is 175 acres. Since the huge purchase of 1634 hectares approximately
was clearly viola�ve hence an Amendment was passed in a hurry in 2010 by the then
Ashok Gehlot’s Government exemp�ng such companies which wanted to establish
project but for that it was important to get prior Government approval for specific
project related non‐agriculture purposes to avail the exemp�on beyond the permissible
limit.
7. The Agriculture land in huge chunk purchased by Shri Robert Vadra companies are
much in excess of the ceiling limit and no land use change for specified projects has been
taken. Therefore is it not a fact that for failure to furnish proper factual returns, Sh.
Robert Vadra must suffer the prosecu�on for offences under the Act punishable with
imprisonment for two years.
8. Is it not a fact that Mr. Robert Vadra has not established any project in public
interest nor encouraged investment? Infact he has traded with huge chunks of land of
hundreds of poor farmers for undue enrichment in viola�on of law which is clearly
punishable.