GOVERNMENT OF NCT OF DELHI
OFFICE OF THE COMMISIONER OF INDUSTRIES-
419, UDYOG SADAN, FIE, PATPARGANJ, DELHI -92
No. CI/Admn./Misc./2010/2689-2699 Dated : 31.03.2010
Minutes of the meeting of the Industrial Land Management Advisory Committee (ILMAC) held on 15.03.2010 at 11.30 A.M. in the chamber of Joint Commissioner of Industries. The minutes circulated vide letter No.2678-47 dated 18.3.2010 have been withdrawn and the amended minutes are as under:-
A meeting of the Industrial Land Management Advisory Committee (ILMAC) was convened on 08.03.2010 at 11.30 A.M. which was attended by the following members:-
1. Sh. A.R. Talwade, JCI – Chairman
2. Sh. Vishva Mohan, GM, DSIIDC
3. Sh. M.S. Garg, DCI – Member Convenor
4. Sh. Pradeep Gupta, DCI - Member
5. Sh. S.K. Singh, DCI - Member
6. Sh. M.K. Sharma, F.O. - Member
7. Sh. V.K. Garg, Chief Manager(RL), DSIIDC – Member
The cases discussed were as under:-
1. Plot No. 349, FIE Patparganj - The case for conversion from leasehold to freehold was considered by ILMAC. The applicant, M/s Heat Exchange Pvt. Ltd. was represented by the Directors Shri Ajeet Singh, Mrs. Jasbir Kaur and Mr. Harmit Singh. There was a complaint of Shri V.K. Daman in the matter regarding violation of conditions of lease by the applicant and he was also called in the meeting. Shri V.K. Dhawan accompanied by Shri Ajeet Kumar Mittal, Proprietor of the said firm were also present. The complainant, Shri V.K. Dhawan was asked to identify himself as well as the complaints he has against the applicants. Shri V.K. Dhawan introduced himself as Manager of Ajeet Mittal Corporation. The grievance of the complainant was that he had taken the premises at Plot No. 349, FIE Patparganj on rent from M/s Heat Exchange Pvt. Ltd. i.e. the allottee in the year 2003. He further states that he was kept in dark by the allottee while executing the lease deed (rent deed) by stating that they are the absolute owners of the plot whereas it came to his notice later on that they were the Lessee of the said plot which was allotted by Industries Department on lease. He has further stated that the allottee unit did not require the plot for its bonafide use and needs to be proceeded against for violation of lease conditions. It was informed by the applicant that the premises were let out to Mr. Ajeet Mittal on rental basis for a period of three years through a registered deed in the year 2003. Shri Ajeet Mittal retorted that the lease agreement was for a period of 3 years, but written understanding was for 10 years. He has also given a written statement along with documents as enclosed therewith. The applicant further informed that the matter was taken to arbitration as there was a dispute between the owner and the tenant and the final award has been given after which they have been given back possession in September, 2009 for which premises were sealed by the Hon’ble Court to ensure recovery of money from the tenant and ensure handing over the possession to the applicant. The Committee has been brought to the notice regarding the above points/observations. The Committee feels that at the outset there is a fight between the allottee of the plot and the tenant. The tenant raised some allegations in his complaint which are to be examined in detail with reference to the Land Management Guidelines and the conversion policy. After the examination of this issue the branch may place the same before ILMAC.
2. Plot No. S-79, Phase-I, Badli Industrial Estate, Delhi – The case was considered by the ILMAC for conversion from lease hold to free hold as per the recommendations of the concerned branch. Shri M.L. Dua, applicant was also present. The case was last discussed in the meeting of ILMAC on 9.11.09 when it was observed that the family settlement submitted by the applicant is not registered. So he was advised to produce the same. Sh. M. L. Dua vide letter dated 15.02.2010 has submitted a copy of agreement to sell between Sh. Subhash Dua & Sh. M. L. Dua dated 17.05.1995 duly attested by Notary Public in lieu of registered family settlement as was asked from him. Applicant contents that he had not submitted the same earlier on the premises that family settlement entered into by him and his wife with his relative i.e. his cousin brother and his wife is sufficient to establish the complete chain of transfer upto him. Since the department is not inclined to agree to the unregistered family settlement, he is now producing agreement to sell in his favour for ½ undivided share of said plot. The concerned branch has recommended the case on the basis of agreement to sell as the chain of transfer now becomes complete for allowing conversion in favour of Sh. M. L. Dua and his wife Smt. Kanta Dua. ILMAC has also considered the same and has found an affidavit signed by Sh. Subhash Dua at page 187/C confirming the transfer/surrender of ½ share of industrial plot No. S-79, in favour of Sh. M. L. Dua with delivery of actual vacant physical possession of the said property. The signature on the family settlement and the said affidavit are more or less are similar. The signature of Sh. Subhash Dua on agreement to sell now submitted. Considering the same and the recommendations of the concerned branch, ILMAC recommends to allow conversion from lease hold to free hold in respect of Plot No. S-79, Phase-I, Badli Industrial Estate, Delhi in favour of Sh. M. L. Dua and Smt. Kanta Dua subject to payment of outstanding dues if any as per guidelines.
3. Plot No. S-33, Phase-I, Badli Industrial Estate, Delhi - The case of Plot No. S-33, BIE was considered for clarification with regard to calculation of transfer charges subsequent to the date of purchase in 1986 on the changes in constitution has been reflected in some correspondences as proprietor or as partner for which the applicant has shown his inability to provide the same because there were no changes during this period as claimed by them before the ILMAC. Sh. Vijay Singhal GPA holder was also present and stated that no UEI charges are, in any case, payable by him as he has paid surcharge along with his conversion application. It was informed to the ILMAC that the transfer charges are to be calculated in view of the observation of the OSD to LG at page 118/N while examining the appeal of the applicants for restoration of the lease. ILMAC observed that the branch should process the matter in file in view of the contentions of the applicant for perusal of the Competent Authority.
4. Plot No. 16, FIE, Patparganj, Delhi - Plot No. 16, FIE, Patparganj, Delhi was considered for conversion from lease hold to free hold in favour of M/s Sparsh Builders Pvt. Ltd. The applicant is subsequent purchaser through GPA and agreement to sell. The chain is complete and the both i.e. the GPA as well as agreement to sell dated 06.07.2006 are registered with Sub Registrar office as per the requirement. EM report confirmed the possession as well as manufacturing activity while certifying that nothing adverse is noticed including encroachment on Govt. land. The construction of building is also reported to be within the last extension granted to the unit as per Form-D. The concerned branch has recommended the case. Accordingly ILMAC recommends to allow conversion from lease hold to free hold in favour of M/s Sparsh Builders Pvt. Ltd. Subject to payment of outstanding dues if any and as per guidelines.
5. M/s Manas Industrial Corporation (Application No. 11011) – The case was considered by the ILMAC. Smt. Savita Mahajan was present as Proprietor of the firm. The issue before ILMAC is whether UEI is chargeable in this case. The initial eligibility for allotment of relocation plot was issued by DSIIDC on 25.4.2000 in favour of the allottee firm and subsequently after the draw of plot held on 26.8.04, a letter of allotment was issued on 24.9.2004. In the meanwhile constitution of the firm has changed as follows:
Name Percentage
1. Shri Darshan Mehta - Partner - 1/3rd
2. Smt. Rajni Mahajan - Partner - 1/3rd
3. Smt. Savita Mahajan - Partner - 1/3rd
The above partnership deed was dissolved by dissolving/retirement deed dated 12.03.04 and thereafter the present applicant, Smt. Savita Mahajan is the sole proprietor of the applicant firm. The relevant provision of the Land Management Guideline (para-1(vi) is as follows:
“Changes done between the date of application and the date of offer of allotment/demand letter will be accepted without any change. The date of offer of allotment will be the date of issue of offer of allotment letter/demand letter”.
The relevant question for deciding the case regarding applicability of UEI is whether the date of offer of allotment as per the Land Management Guideline is 25.4.2000 or 26.08.2004. Another question is the year for which the UEI charges will be determined, if applicable, as there was a delay by the applicant in intimating the change in constitution. The Relocation Branch of DSIIDC may place this matter again in ILMAC next week with full facts.
The meeting ended with vote of thanks to the chair.
(M.S. Garg)
DCI - Convenor
No. CI/Admn./Misc./2010/ 2689-2699 Dated: 31.03.2010
1. Sh. A.R. Talwade, JCI – Chairman
2. Sh. Vishva Mohan, GM, DSIIDC
3. Sh. M.S. Garg, DCI – Member Convenor
4. Sh. Pradeep Gupta, DCI - Member
5. Sh. S.K. Singh, DCI - Member
6. Sh. M.K. Sharma, F.O. - Member
7. Sh. V.K. Garg, Chief Manager(RL), DSIIDC – Member
Copy to:
1. JCI (Relocation)
2. JCI (Land-Okhla)
3. PS to CI/CMD(DSIIDC)
(M.S. Garg)
DCI - Convenor
(M.S. Garg)
DCI – Convenor
GOVERNMENT OF NCT OF DELHI
OFFICE OF THE COMMISIONER OF INDUSTRIES-
419, UDYOG SADAN, FIE, PATPARGANJ, DELHI -92
No. CI/Admn./Misc./2010/ Dated
Minutes of the meeting of the Industrial Land Management Advisory Committee (ILMAC) held on 22.03.2010 at 11.30 A.M. in the chamber of Joint Commissioner of Industries.
A meeting of the Industrial Land Management Advisory Committee (ILMAC) was convened on 22.03.2010 at 11.30 A.M. which was attended by the following members:-
1. Sh. A.R. Talwade, JCI – Chairman
2. Sh. Vishva Mohan, GM, DSIIDC
3. Sh. Pradeep Gupta, DCI - Member
4. Sh. S.K. Singh, DCI – Member
5. Sh. M.S. Garg, DCI – Member Convener
6. Sh. M.K. Sharma, F.O. – Member
7. Sh. V.K. Garg, Chief Manager, DSIIDC – Member
The cases discussed were as under:-
1. Plot No.202, Okhla Industrial Estate. The applicant has applied for conversion of property from lease hold to free hold on dated 30th Oct., 2009. It was reported on file by the Monitoring Committee of Hon’ble High Court that misuse and encroachment over government land persists. The report of the Monitoring Committee is of 2007. Thereafter a Show-Cause-Notice was issued vide this office letter No.F.1095-97 dated 5.10.2007 (C-377). The Estate Manager vide his report dated 28.7.2009 (C/459-462) indicates that there is no encroachment on the government land whereas he has reported that some area within the building has been occupied by Smt. Ritu Nanda for running Insurance services at the premises. The lease agreement in this regard, as stated by the Estate Manager, stipulates that the period of renting is from 1.5.2007 to 30.4.2010. After receiving the free hold application, report from the Estate Manager was called and the Estate Manager vide his report dated 5th March, 2010 (C-645) clearly stipulates as under:-
“As directed, I visited the plot No.202, OIE and the inspection report is as under:-
a) The building contains basement, ground Floor, 1st Floor (mezzanine floor, 2nd and 3rd floor.
b) The basement (1/4th part of plot area) is used for air conditioning plant
c) G.Floor, 1st Floor & 2nd Floor is with Mudra Max Pvt. Ltd. It was informed by Sh. Manoj Sethi that M/s Mudra Max Pvt. Ltd. is engaged in Finance, Investment business.
d) So called Mezzanine floor, which can be called a complete 1st floor is with Escolife I.T. Solution. During the inspection, it was found that a board of 18 companies were installed and it is very clear that 18 companies are working from that floor.
e) On the backside of gound floor, it was seen during inspection that 3 computers has been installed and 3 persons were found working on it. Sh. Manoj Sethi informed that this area belongs to “M/s Standard Auto Spares Pvt. Ltd.” which is having 2 Directors namely Shri Manoj Sethi & Sh. Vaibhav Aggarwal, but no evidence/paper proof regarding the firm except two bills of Standard Auto Spares Pvt. Ltd. of B-235, Naraina Industrial Area is submitted.
f) No Encroachment on government land was seen during the visit except front side government space was used for parking, tree-plantation and horticulture beautification.”
It is evident from the report that misuse of property still continues and number of sublettees are more than prescribed under Land Management Guidelines. Shri Manoj Sethi on behalf of Standard Auto Spares Pvt. Ltd., is present before the Committee and states that there is only two sublettees namely Max Mundhra & M/s Ritu Nanda Insurance Services Pvt. Ltd. (M/s Escolife IT Services Pvt. Ltd. & M/s Uchini Financial Services) and both are IT companies. They further assured that they will submit documentary evidence related to ongoing activities done by both the sublettees. In this regard, there is an order vide No.221/IT/OIE/69/99/4058-4096 dated 13.7.1999 in which Hon’ble L.G. has ordered for the addition of sub-para 5 in the para 6 pertaining to the subletting in the Land Management Guidelines. The sub-para read as under:-