Ex-IAS officer's order 'facilitating' Panchkula land sale to kin recalled

Ambala Divisional Commissioner Sanjeev Verma has recalled a controversial order passed by his predecessor, Renu Phulia, that revoked a 20-year-old stay on the sale and purchase of 14-acre land on the outskirts of Panchkula.

Phulia's decision had raised serious concerns as a sale agreement for the land was executed between her husband and former IAS officer SS Phulia and her son Neelanchal.

The 14-acre land was part of the property inherited by the legal heirs of Bhagwant Singh, who was the owner of around 1,396 acres in seven villages in Panchkula district -- Beed Babupur, Beed Firozadi, Bhareli, Sangrana, Barwala, Jaloloi and Fatehpur Viran.

On February 24, 2023, the Punjab and Haryana High Court directed the Collector, Agrarian, Panchkula, to redetermine the surplus area of the land which vested with the government. The permissible area is also yet to be determined.

While lifting the 20-year-old stay, Phulia, in her order dated September 13, 2023, observed that Prithvi Raj Chabbra, his sister Shashi Gulati and Sunil Kumar Gulati (both former IAS officers) were absolute property owners in the revenue record, and had bought the land from the legal heirs of Bhagwant Singh.

When the matter came to light, the then Naib Tehsildar wrote to the then Panchkula Deputy Commissioner on March 27, 2024, that the revocation would lead to a plethora of sale deeds being presented, creation of third-party interests and jeopardising of government interests. The DC wrote to then Chief Secretary TVSN Prasad, who, on March 29, 2024, restrained all officers in Panchkula tehsil from registering any transfer deeds related to the land of Bhagwant Singh and his legal heirs.

The state approached Verma for recalling the ex-parte order of Phulia. It was submitted that she decided a revision petition that was filed on August 28, 2023, after a gap of 20 years of stay, and no application for condonation of delay was filed.

It was added that "Phulia was personally interested in the matter" as there had been a bargain to purchase the 14-acre land by her and an agreement in this regard was already executed between her husband and ex-IAS officer SS Phulia and her son Neelanchal. The earnest money was paid between June 20, 2023 and March 28, 2024, the date on which draft sale deed had been executed. “…the bulk of the amount paid on the aforesaid date had come from the accounts of her relation,” said the state.

Verma, in his order on August 19, concluded that Phulia had a personal interest in the matter and had already entered into an agreement to purchase the land from the petitioners on June 20, 2023, whereas the petition was filed on August 28, 2023. He added that prospective purchasers were husband and son of Phulia, which clearly proved the malafide intention on her part in revoking the stay. Phulia had decided the revision petition ex-parte within 15 days, on September 13, 2023.

Verma further said to get the sale deed executed in their favour, the mutation was sanctioned on March 20, 2024, in favour of the petitioners based on the order dated September 13, 2023. He pointed out that the mutation was entered on the basis of a document that was executed 20 years ago, and there was no explanation why the beneficiary of the mutation had not applied between August 13, 2003, and March 19, 2024.

"Further, as per Section 84 of the Punjab Tenancy Act read with Section 24 of the Punjab Security of Land Tenure Act, no order can be passed in revision without giving any opportunity of hearing to the other party. Therefore, the order dated September 13, 2023, doesn't stand on any legal footing," Verma ruled.

He recalled Phulia's order and dismissed the revision petition filed by Prithvi Raj Chabbra. He also ordered the cancellation of the mutation and further directed sending the order to the Chief Secretary.