“Marching orders at 10 pm is not a nice feeling”

In conversation: Ashok Khemka, Haryana IAS who cancelled the land deal between Robert Vadra and DLF.

trithesh

Trithesh Nandan | November 17, 2012


Hrayan IAS Ashok Khemka who is now MD, Haryana Seeds Development Corporation Limited.
Trithesh Nandan

Too much honesty, says Kautilya in Arthashastra, is not good; in the forests, straight trees are cut first. Who knows this better than Ashok Khemka, the whistleblower Haryana IAS who cancelled a land deal involving Sonia Gandhi’s son-in-law Robert Vadra and was hastily transferred?

In the second week of October, India Against Corruption’s Arvind Kejriwal released to the media documents exposing a nexus among Vadra, realty major DLF and the Haryana government. A few days later, Khemka, who held the twin positions of the director general, consolidation of land holdings, and inspector general of registration under Haryana government, dropped a bomb when he cancelled the mutation (transfer of the title of a property in revenue records) of a piece of land owned by Sky Light (a firm owned by Vadra) to DLF. Promptly, Khemka was transferred, a record 43rd time in his career spanning over two decades. That was not all. He received threat calls and was matter-of-factly denied protection by the state government.

After a tumultuous fortnight, Khmeka is now at peace with his new posting as the managing director of Haryana Seeds Corporation, a position previously held by an officer 12 years Khemka’s junior. Sitting on the lawns of his modest government accommodation in Chandigarh, Khemka tells Trithesh Nandan that even after all this, his line of thinking – that the money earned on deals involving land acquired by the government should go to the government or the people the government serves and not to anyone else – has not changed wee bit. The unfortunate part, he says, is that the laws framed with noble objectives are misused by scoundrels in the system. However, this IIT graduate who holds a doctorate in computer science from Tata Institute of Fundamental Research who blew the lid off many a scam in the past says he never was and will never be a quitter. Edited excerpts:   

You got your latest transfer order at 10 pm, an unlikely time for such an order. How did it feel?
On October 11, I was summoned by an authority who I would not like to name. I was humiliated between 8.30 pm and 9 pm by the same person at his house. After coming back from that place, I did not have dinner and was about to retire to bed, when the door bell rang. I was served the order around 10 pm. It is not a nice thing to get the transfer order in dead of the night. I just want to ask: what was the urgency?

So after you received your transfer order, how did you take it?
Two things crossed my mind. Firstly, there was a reasonable apprehension in my mind that it was an illegal order because it violated the statutory IAS (Fixation of Cadre Strength) Regulations 2010, notified on October 3, 2010, which guaranteed minimum tenure of two years against your cadre post to all IAS officers in the state of Haryana. This was in the pursuance of the reform recommended by the Veerapa Moily administrative reform committee.
Secondly, it was done to punish me for being upright – which affected a nexus of politician, bureaucrat and businessmen.

Many political commentators say that the state politics in Haryana has degenerated in the past two decades. Has that also affected bureaucracy to a larger extent?
I am a public servant and it is not fair to comment on the public representatives or my colleagues in the service. Politicians or bureaucrats, after all they are public servants. But unfortunately, some of them (bureaucrats) have become servants to public representative and not to the public. I need not say more about them but the day I am no longer a public servant, I will speak to you more about the issue.

You plan to write?
Not certainly now because I don’t have time to spare. Whatever spare time I get, I spend with my family, especially my growing son. Writing a memoir at this stage of time would not be good use of time. I am also not erudite in my communication, but maybe after I retire and for public interest, I may consider writing. It will not be for money, royalty or any other thing but for public interest.

Can you tell us about the nexus of bureaucrat and politicians in Haryana?
There is a widespread misuse of Section 42 of the Land Consolidation Act. It basically transfers panchayat land worth hundreds of crores to real estate owners. Particularly, in Gurgaon and Faridabad – there are several such cases. As per my knowledge, the high court has quashed about 23 such orders. Being adjacent to Delhi, the land has more value.

How did you come across this DLF-Robert Vadra land deal?
It was my duty to take a call on the matter. Actually, I had issued written instructions to deputy commissioners-cum-registrars of the four districts (Gurgaon, Faridabad, Palwal and Mewat) to inspect all documents registered from January 1, 2005, to date by or on behalf of Robert Vadra or his companies in the capacity. It was a suo motu decision after several allegations came to light.

The entire sale of the land to DLF was questionable since the land was under consolidation and ordinarily the sale deed ought to have been set aside. But serving as director general, consolidation of land holdings, I cancelled the mutation. The real issue is that the money in land deals should go to the government that serves people – and not to anyone else.

What was the case, can you elaborate?
The Sky Light Hospitality (Robert Vadra’s firm) had purchased 3.53 acres of land in village Shikhopur, Gurgaon, on February 12, 2008 for Rs 7.5 crore. On March 28, 2008, the town and country planning department issued Vadra’s company a licence to develop 2.701 acres of the land into a housing colony. On June 3, 2008, the Sky Light had entered into a sale agreement with DLF at an astounding rate of Rs 58 crore. This property was resold to DLF for Rs 58 crore on September 18, 2012. It is not known what made the town & country planning department to renew the licence on January 18, 2011, in favour of the vendor, when 86.2% of the total sales consideration was paid to Sky Light by October 7, 2009, 15 months before the date of renewal of the licence.
Sale of property in September 2012 during the pendency of the consolidation proceedings without the sanction of the consolidation officer was against the provisions of section 30 of the Land Consolidation Act. The mutation sanctioned on September 20, 2012, by the assistant consolidation officer was also without jurisdiction, since he is not a revenue officer under the Punjab Land Revenue Act. This shows the nexus on how the agricultural land was being bought, land use converted and resold to real estate firms.

The village of Shikohpur was notified under section 14 (1) of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, on August 5, 2011. The transfer of property during the pendency of consolidation proceedings without the sanction of the consolidation officer is prohibited under section 30 of the Land Consolidation Act.

And you were quickly transferred?
Yes, I had sent my letter to the chief secretary on October 12 and was waiting for a reply from him. I held on to the charge in protest till the October 15. Then I issued the order on the Shikohpur-Manesar deal and then relinquished charge of the department. The assistant consolidation officer who had sanctioned the mutation was not competent to do so. As the head of the department I was only doing my duty to clear the department of any allegation of wrongdoing.

But TC Gupta, who is director general, town & country planning department, said that there were “factual inaccuracies” in orders passed by you?
The comment is very unfortunate. But it is not appropriate for me to comment on his statement, which is extra-jurisdictional. My orders under the section 42 on the East Punjab Holdings (consolidation and prevention of fragmentation) Act, 1948, were of the state government. A public servant criticising the order of the state government is in violation of the conduct rules.

I would say if TC Gupta is aggrieved, the proper remedy is to approach the high court under the writ jurisdiction under article 226. After having settled the issue there, it would be fair to make comments on my order. But what is strange is that my order does not affect either DLF or Vadra, his company Sky Light. Nobody to date has approached the high court or supreme court against my order. Why and at whose behest Mr Gupta is responding is something fair enough to ask him. He could very well file public interest litigation. It is going to be a collusive battle in the high court because the government is batting on the same side as DLF or Sky Light. Both the parties are free to collude and get a decree instead of making claims and statements which are scandalous, mudslinging and deliberately meant to obfuscate the main issues involved.

How difficult is it to become an upright officer in a system full of nexuses?
The difficulty is always in the mind. But it has not been easy so far.

A three-member panel is looking into the issue?
The committee cannot probe my order. If they think I have done any wrong, the aggrieved party can challenge the decision in the high court. 

Having been transferred 43 times in 21 years of career, did you lose interest in the job?
Yes, at times I got transfer orders late in the night in similar situations when transfers were motivated. I guess it meant to humiliate and demoralise to just show that you can be transferred even in the dead of the night. And when the bell rings, it is always frightening in the night, not a very pleasant thing. I think government should be kind and deliver such orders, which is not of so much urgent nature, in the office on the next day.

Any similar situation that you faced earlier?
Yes, in September 2004 when I was serving as the director of secondary education department, then chief minister Omprakash Chautala’s office wanted transfers of teachers. I had put my foot down and refused to entertain the recommendation citing my inability to do so since academic sessions were on. I was given marching orders and even stripped of my vehicle. For 10 days, I used to walk to and from my office, which was 12 kilometres away from my house.

When did you first take on the highest authority?
It was in 1994. Then prime minister Narsimha Rao had completed three years in office. A rally was organised in New Delhi to celebrate the occasion. I was asked by the chief minister’s office to arrange 200 trucks for the rally. I refused to obey the orders and had to face the brunt.

You never got central deputation. Is it by choice?
How can they give me central deputation when transfer orders are made on the whims of higher authorities? Transfer orders are generally not based on your performance or even your qualification. Higher officials would often say, “Khemka is an honest officer and will not listen to you”. In that case, how can a central deputation happen? So I have never served in the centre.

How do you think the land problems where land sharks are involved in a big way can be solved?
The good way is to de-licence the land acquisition process. I have also recommended new rules, which prescribe mandatory procedural requirements for transfer of immovable property of gram panchayat, which can help check ‘benami’ and irregular land deals.  

Are you at peace with the new job as managing director as Haryana Seed Development Corporation?
Yes. Once I left my earlier job on October 15 at 4 pm, that was over for me. I have accepted my new job and taken my new assignment.
I am very sure that if I had challenged the illegal order in a court of law, it would have been struck down on two grounds – it violates the rule, statutory IAS (Fixation of Cadre Strength) Regulations 2010, notified on October 3, 2010. Secondly, it was patently mala fide.

Did you complain to higher authorities about the latest transfer order?
Yes, I wrote a letter to chief secretary PK Chaudhery where I mentioned about my position. I wrote that “it is shocking to learn about my abrupt transfer... this is deliberate and mala fide to punish me due to some vested elements in the political-bureaucratic hierarchy affected by the expose of the scams in consolidation of land holdings under the exercise of powers”.

How do you plan to revamp the Haryana Seed Development Corporation?
I am new to the job and learning it. To say that I am going to revamp the corporation would be wrong. It is not that you have to start right from the scratch in your new assigned. That would be catastrophic for the system.

Do you also plan to resign if such transfer orders do not stop?
Why should I resign? It is not in the public interest. I find it to be an escapist attitude.
 

The Vadra-DLF deal
• February 13, 2008: Vadra’s company Sky Light buys 3.53 acres of agriculture land in Shikohpur, Gurgaon, for Rs 7.5 crore.
• March 28, 2008: Granted licence to develop 2.701 acres of the land into a housing colony. The company was granted change of land use (CLU) by the town & planning department, Haryana.
• June 6, 2008: Sky Light entered sale deed of Rs 58 crore with DLF Universal Ltd
• October 7, 2009: By this date, DLF paid Rs 50 crore in three installments to Sky Light as per the registered sale deed.
• January 18, 2011: Licence subsequently renewed to Sky Light by the town & planning department, Haryana.
• August 5, 2011: Notification of Shikohpur village under section 14 (1) of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948. 
• July 25, 2012: DLF paid last installment of Rs 8 crore.
• September 18, 2012: Register of the property in the name of DLF. 
• September 20, 2012: Mutation to the sale deed was sanctioned by the assistant consolidation officer, Gurgaon.
• October 12, 2012: Khemka orders inquiry of the sale deed between Sky Light and DLF.
• October 15, 2012: Khemka cancels the mutation.

Khemka’s objections
• Sale of property on September 18, 2012 during the pendency of the consolidation proceedings without the sanction of the consolidation officer was against the provisions of section 30 of the Land Consolidation Act.
• The action to register the property when the estate of Shikohpur was under consolidation was not proper.
• Under-valuation of property registered in the registering offices of the state leads to loss of revenues of the state government.
• How can town & planning department, Haryana renew the LOI/licence in fvour of the Sky Light when 86.2 percent of the total sales consideration was paid to him by October 2009, 15 months before the date of renewable of the LOI/licence? 
• The permission to sell the impugned property violates section 30 of the Consolidation Act.
• The assistant consolidation officer was not competent to do the mutation. Under the Punjab Land Revenue Act, only a revenue officer has power do the mutation.

No award for guesses; Vadra gets a clean chit
A panel comprising bureaucrats in Haryana to probe Robert Vadra-DLF land deals in the state has submitted its report in record 14 days, giving a clean chit to the UPA chairperson’s son-in-law. 

The panel consisting of the deputy commissioners (Gurgaon, Faridabad, Palwal and Mewat) investigated the land deals after IAS officer Ashok Khemka ordered an inquiry in one of the Vadra-DLF deals on October 12. The panel found no undervaluation in any of the transaction of land deals. Commenting on the development, India Against Corruption’s Arvind Kejriwal said, “...That was expected. Country would be surprised if it were otherwise... Are all these probes merely an eyewash?”

 



 

 

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