A complaint was filed in the Bhopal court in the recent past to question the legal validity of the ownership of a piece of land which was sold to a charitable Trust that built on the same land the sprawling campus of Sanskaar Valley School which was inaugurated by Congress President Sonia Gandhi in 2004.
The complainant in this case, had stated that the land – Khasra no 79 (rakba 54.55 acre) in Chandanpura village of Huzur tehsil in Bhopal district, was shown as grazing land in revenue records after its owner Mohammad Nazim went away to Pakistan.
The Bhopal court order of 12 March 2013, in response to this complaint, placed on record that it is “irrefutable fact” that this was government land. However the complaint was dismissed without going into the points raised on the ground that the complainant neither was the affected party nor was he authorised by the government to move the complaint in court.
The court order brought on record that according to the complainant, the land in question was shown as “charnokhurd” or “charokar bhoomi” (grazing land) in 1935. Later , it is a matter of controversy, how it was suddenly registered in the name of Abdul Hamid and in 1937, without any order to back it, the same piece of land was registered in the name of Fazlur Rehman. After Fazlur Rehman, the name of Mohammad Nazim was recorded as the owner of this land.
Subsequently out of Khasra 79, rakba 64.64 acre, 4.56 acre was acquired by the Irrigation department and 6.20 acre for the Kaliasot project. The compensation for this was not paid to anyone as Mohammad Nazim had migrated to Pakistan. Thereafter, an application was moved by Fazlur Rehman to correct the name from Mohammad Nazim to Mohammad Nazam. Following this, the evidence was recorded by taking the version of one Keshar Jahan , who said that her age was 53 and that Mohammad Nazam was her younger brother. She stated while giving evidence that in 1953, Nazam had purchased the said land from Fazlur Rehman. This happened when she was 4 years old. This takes the lid off and exposes the shady land deal as under the law, land could not have been bought and registered in her younger brother’s name who was less than 2 years old at that time.
The Sub-divisional officer, without verifying from the sale deed added the name of Mohammad Nazam in place of Nazim. Strangely for 36 years, between 1953 and the year 2000, no application had been filed for changing the name.
The complainant also told the court that Nazamur Rehman subsequently sold the land to others also and had signed the sale deed papers as NR Qureshi stating his age was 50 years implying he was not more than 2 years old in 1953. This can also be verified from his passport. After the actual owner of the controversial land went away to Pakistan, the name of the owner was changed by hatching a conspiracy, the complainant had alleged.
The sale deed for the land that now forms the campus of Sanskaar Valley School was signed by Mohammad Najam, aged about 50 years , son of late Mooza Ali resident of Ashiana compound , Ahmedabad Palace in Bhopal. The purchaser of this land was Sharda Devi Charitable Trust, through its chairperson Ms. Jyoti Agrawal, aged about 32 years, wife of Sudhir Agrawal, having its registered office at Dwarka Sadan, 6 press complex in Bhopal.
The sale deed described the property as unirrigated, undulating land of revenue survey no 79/1/2, area 37.13 acre, situated at village Chandanpura, Patwari halka no. 40, Tehsil Huzur, district Bhopal under “rin pustika” no M-159664. The sale deed also explained that initially the land of revenue survey no 79/1 – total area 60 acre, situated at village Chandanpura, Patwari halka no 40 tehsil Huzur, district Bhopal, was recorded in the name of the seller. Of this land, 6.20 acre was acquired by irrigation department and revenue survey number 79/1 was subdivided and the land acquired by government was given survey no 79/1/1 and balance land of 53 acre which remained with the vendor was given survey no 79/1/2.
This 53 acre land, as per the sale deed was also put in acquisition under the residential complex of Bhopal project to be developed by Government. Ultimately the government dropped this scheme vide order dated 26 May 1998 passed in revenue case no 60/A-6/97-95 issued by the Assistant Settlement Officer at Misrod and the land was returned to the vendor.
From this land survey 79/1/2, the vendor transferred by way of sale an area of 16.67 acre but this was not demarcated in the village map and no change was affected in the revenue survey 79/1/2.
Following the transfer of 16.67 acre of land, 37.13 acre land under revenue survey no 79/1/2 remained in possession of the seller. He sold this to Sharda Devi Charitable Trust for Rs. 66,83,400. From this sale consideration Rs. 17, 11,000 was paid on behalf of the Trust by Writers and Publishers Ltd as settler of the Trust. The remaining amount 49,72,400 was paid through cheque on 15 July 2004 .
Another sale deed signed by Mohammad Nazam to sell a 16.67 acre piece of land from Khasra no 79/1/2 to Ashok Singh son of former Madhya Pradesh chief Minister and Bihar Governor late Govind Narain Singh, it has been stated that the seller had acquired this land through a registered sale deed on 28 May 1953. This sale deed of 1953 raises serious questions as the seller’s date of birth according to his passport number UO63740 issued in Dubai on 15 March 1995 is 24 April 1951.
According to this passport, the name of Nazmul Rehman Qureshi (N.R. Qureshi’s) father is Abdul Shakoor. He signed the sale deeds in question as N.R. Qureshi and gave his father’s name as Moosa Ali and his own name as Mohammad Nazam