Hyderabad: The demolition of a structure in Vijayanagar Colony is not a case of deviation from the approved plan, but is a fine instance of manipulation of documents and taking advantage of laws. It also highlights the negligence of GHMC and Housing Board officials.
The property belongs to the Housing Board and it was allegedly dubiously transferred to a person who developed the property by violating the approved plan.
The then government of the Nizam, through the City Improvement Board, had allotted 19 plots of 1,000 square yards each (Category A) and 43 plots of 400 square yards each (Category B) at Vijayanagar Colony to ex-servicemen of the Hyderabad Army on a 99-year lease at an annual rent of Rs 15 and Rs 6 respectively. When the City Improvement Board was abolished, all assets, liabilities, and staff were transferred to the AP Housing Board in 1956.
On the representation of various associations of ex-servicemen and their kin, the state government agreed to convert the leasehold to freehold in 2005 on certain terms and conditions and evolved a scheme of payment.
According to the GO Ms No. 46 dated July 2, 2015, the validity of the scheme of conversion of these leased lands to freehold was only one year. The Housing Board claims that only six plots of A category and nine plots of B category lease holders have availed the facility within the stipulated time period. Concerning plot No. 6/A, the Board has claimed in the affidavit in W No. 4005 of 2018 that the son of the deceased tenant Major Bishen Singh, submitted an application on July 25, 2015 requesting that he be given the opportunity to pay the required amount mentioned in the GO to convert the land to freehold, but the request was turned down because the time limit had expired.
The Housing Board stated that it has come to its notice that the Certificate of Sale was executed by the Board on October 17, 2016, after the expiry of the scheme, in favour of legal heirs of the original lessee of Plot No. 6/A, converting the same plot from lease hold to freehold, and on the same day, the legal heirs in turn executed another Registered Sale Deed through Document no 6156/2016 in favour of a third party.
The Board contended that as per their records no payment in the name of the said purchasers was received by the Housing Board and the Certificate of Sale does not carry the required signatures of the authorised officers. It argued that it appears that a fraud/scam has taken place in the execution of the Certificate of Sale in respect of Plot No. 6/A.
The sale deed between the legal heirs of Maj. Bishen Singh and the claimant Mohammed Khaled Shareef was executed at the Sub-Registrar’s Office of Charminar when the actual registration authority for Vijayanagar Colony area is SRO Golconda. Furthermore, the developer obtained permission from the GHMC to construct residential premises but developed it as a marriage hall.
Meanwhile, the owner of a neighbouring plot, Ram Mohan Lal Desai said the action taken by the GHMC of demolishing the structure was incomplete and an eyewash. He claims that GHMC officials partially dismantled the structure to avoid contempt course of court, as he has filed a contempt case against the Commissioner of GHMC and Town Planner.
