Pvt bodies on Nazul land earned Rs 198 cr in 5 yrs
   Date :28-Oct-2020

From the court_1 &nb
 
 
Staff Reporter :
 
Amicus-led probe finds unjust enrichment, brazen misuse of Govt lands
 
 
BENEFICIARIES of prime government lands including major clubs, charitable, educational and cultural institutions have earned a whopping Rs 198 crore during 2012-2017, concluded a panel appointed by Nagpur bench of Bombay High Court. Out of 113 Nazul lands allotted, the panel probed affairs of 12 institutions and found brazen commercial exploitation, breach of lease conditions and unjust enrichment by most institutions and total inaction by authorities.
 
The Vidarbha Cricket Association with income of Rs 166 crore tops the chart followed by Gondwana Club with Rs 12.74 crore, Jawahar Vidyarthi Gruha (Rs 4.50 crore), C P Club (Rs 3.32 crore), Maharajbagh Club (Rs 3.30 crore), YMCA (Rs 2.23 crore), Vidarbha Hindi Sahitya Sangh (Rs 2.13 crore) Bhagini Mandal (Rs 1.27 crore), Ladies Club (Rs 1.15 crore), Officers Club (Rs 79.62 lakh), Andhra Association (Rs 56 lakh) and Vidarbha Sahitya Sangh (Rs 50.64 lakh). In case of VCA, the panel found transparency in affairs and accounts and its old premises at Civil Lines is lying unused for cricket since the last couple of years. In other cases, the panel found use of surplus land for lawn, marriage hall, coaching classes and other commercial activities not in sync with lease conditions. The institutions also conducted activities as per lease conditions, but a substantial portion of income is from commercial usage, the report concluded. As per GR dated 23-12-2015, allottees violating Nazul land lease condition and indulging in commercial exploitation are required to pay 25 per cent unearned income derived from such activities.
 
The three member panel headed by Amicus Curiae Adv Shreerang Bhandarkar submitted its report to High Court recommended stringent action to recover this “humungous pecuniary advantage and brazen profiteering” to bolster the state exchequer. CA Suren Durugkar and Collector’s Representative Rajesh Dethe conducted the enquiry on the basis of affidavits, audited balance sheets and original documents and came to conclusion about massive income earned by these clubs, institutions. Most of these institutions had claimed either losses or very negligible profit in their statements furnished to the District Collector. According to an affidavit filed before the High Court by then District Collector Sachin Kurve, out of 113 prime Nazul (revenue) land allotted to various clubs, charitable, educational and cultural institutions, 12 most prime properties are being commercially exploited in violation of lease conditions. Large tracts of Nazul lands were allotted at a very nominal rate to these institutions and as per record obtained by the Revenue department, the allottees were misusing the land to derive commercial gain. 
 
Nazul land misuse under HC scanner THE High Court had sought these details during the hearing of the suo-motu PIL entertained by the Court regarding growing misuse of Kasturchand Park ground and its heritage surroundings going on since long and extensively reported by ‘The Hitavada’. In the same proceedings High Court had directed the District Collector to gather data and balance sheet of all allottees of government lands like Ladies Club, Officers’ Club and YMCA for last three years and submit as to how for many days, the lawns of these clubs were given on rent for marriage functions, commercial exhibitions etc.
 
The Amicus Curiae had drawn the attention of the Court about huge tracts of lands given on lease to these clubs, institutions and similar bodies and how these institutions were indulging in commercial exploitation of these lands at their disposal while citing a complaint made by a citizen Anil Wadpalliwar to Chief Minister and other revenue authorities. The High Court also sought to know the steps taken to prevent misuse of these government leased lands.
 
CP Club, Officers’ Club, YMCA claim losses THERE are seven government institutions on Nazul lands while the entire stretch of North Ambazari road from Sitabuldi to Gandhi Nagar has educational institutions on one side and none of them had violated any lease condition, the report submitted to the High Court revealed.
 
According to an affidavit filed by District Collector, parts of Nazul land allotted to Jawahar Vidyarthi Gruha, YMCA, Officers’ Club, C P Club and Ladies Club are being used for marriage, reception and other commercial activities. During three years period (2014-17) Bhagini Mandal had shown a profit of Rs 39.44 lakh, Vidarbha Sahitya Sangh reported a loss of Rs 7.06 lakh while Andhra Association had also claimed a loss of Rs 2.22 lakh. YMCA which had received three plots admeasuring 7.12 acre, 3.43 acre and 1.36 acre in Mouza Sitabuldi claimed that it incurred a loss of Rs 15,432 during 2014-17. Vidarbha Cricket Association (VCA) got three lands admeasuring 4.75 acre, 2.06 acre and .3 acre land in Mouza Sitabuldi and claimed a profit of Rs 46.95 crore during financial years 2013-14 to 2015-16. Jawahar Vidyarthi Gruha which got 2.36 acre land at Mouza Gadga claimed a loss of Rs 25.57 lakh during corresponding period.
 
The Officers Club situated in Civil Lines also claimed to have accumulated loss of Rs 84.11 lakh from 2013-14 to 2015-16. C P Club which is in possession of 14.56 acre land in Civil Lines area, claimed that it had registered a loss of Rs 1.64 crore during 2014-15 to 2016-17. The Ladies Club which is in possession of 4.89 acre land at Mouza Dharampeth had informed the administration that it recorded a profit of Rs 46.59 lakh.