pondicherry land grabbing case
DESCRIPTION
The houses/lands of French nationals of Pondicherry were grabbed by politicians, and public protests brought CBI into the picture, yet CBI went into slumber, so highest court was approached and that story told here.TRANSCRIPT
THE LAND –HOUSE GRAB:
[Dravida Peravai waged a fierce battle to save innocent victims who had fallen prey to greedy politicians in power. With 15 party supports Dravida Peravai started the agitation. The Lt.Governor of Puducherry ordered for CBI enquiry but there was no sign of CBI coming forward. So as Convener of Anti House/Land Grab Action Committee comprising 12 political parties met Indian Prime Minister Atal Bihari Vajpayee on 17th December 1998 and Indian Home Minister L.K.Advani on 19 th
December 1998. The delegation met Opposition leader Sharad Pawar, and many others. Meanwhile few parties deserted the struggle. Then in 1999 with 8 political parties went to Chennai and held demonstrations demanding CBI to take up the ordered enquiry into land grab. CBI came, enquired but kept report in cold storage. Hence Dravida Peravai approached Supreme Court of India; the petition filed is given in verbatim. A perusal of this petition will reveal the Operation Land Grab involving many political parties. The WEEK report is given as visual. In end the Supreme Court order is given….N.Nandhivarman, General Secretary Dravida Peravai]
SYNOPSIS AND LIST OF DATES
The departure of the French from Pondicherry left several
important and singular issues as are not faced by other citizen of
Indian Union. Having failed to persuade the Govt. of India to
grant citizenship, the French offered an option to its subject in
French Pondicherry for option of nationality. As many as 7,000
citizens to remain French nationals and hold property in the Union
Territory. 70,000 Pondicherry Indian Citizens work in France.
The French maintained land and municipal records. The French
handed these records to Indian officials. After their departure
New Survey was under taken and new maps and numbers were
given to houses and plots and agricultural land.
The troubles started as people felt that the new survey has not
been properly done. When they tried to find old records it was
learned that some of the old record is not available and had either
been destroyed or stolen away by old hands of the municipal and
revenue department.
Gradually fake sale deeds and forged documents started
appearing and bogus claims and criminal possessions began.
Unfortunately, it went un-checked by administration and the crate
with muscle power made it their profession and the lands,
bunglows houses of absentee French Indian Nationals were
targeted. Later land and house grabbing attained such
proportions that political parties made an issue government was
approached, some of the raids by police confirmed the fears of
trouble that old employees were found to be in illegal possession
of revenue records.
When things became more serious agitations by political parties
was started media also came to help and published the sordid
state of affairs. A delegation of all political parties met the Lt.
Governor and insisted on C.B.I. enquiry. The Governor was
pleased to recommend an C.B.I. enquiry but not much came out
of it till now. Hon'ble Defence Minister was approached, Hon'ble
the Home Minister and lastly even the Prime Minister was
apprised of this loot. A memorandum was given to him.
The French Government also became alive to this land grabbing
menace and questions were put in their Senate. A Senator visited
in India.
Individually people went to courts even High Court. The police
and the C.B.I. have so far not been able to stem the rot. Now
police is no longer co-operative and treated it as a mere civil
litigation problem. No charge sheet has till day been filed by C.B.I.
No conviction has been obtained. No one who lost his
possession been able to get it back. Hence this writ petition.
28.05.1956 Treaty of Cession of French establishment of Pondicherry,
Kariakal, Mahe and Yaman signed.
15.10.1998 Letter by the petitioner to Hon'ble the Defence Minister Mr.
George Farnendes (Confidential) about theft of land Records
of French era.
02.12.1998 Memorandum to Her Excellency the Lt. Governor of
Pondicherry about land grabbing by all political parties.
17.12.1998 Memorandum by all political parties to Hon'ble are the Prime
Minister.
17.12.1998 Call attention motion question No.12957 moved in the Senate
of French Parliament.
26.12.1998 The Houses of Ex-officials raided for records of land of French
era.
27.12.1998 The Hon'ble Defence Minister assured through letter about the
action.
03.05.1999 Memorandum to Director C.B.I. by political parties.
30.08.2003 Letter by the petitioner to Hon'ble Defence Minister informing
further case of grabbing. .01.2004 Hence this Writ
Petition for kind consideration of this Hon'ble Court.
IN THE SUPREME COURT OF INDIA
(CIVIL ORIGINAL JURISDICTION)
WRIT PETITION (CIVIL) NO. OF 2004
(UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA)
IN THE MATTER OF:-
N. NandhivarmanGeneral SecretaryDravida PeravaiHaving its office at 28, Romain Rolland Street,Pondicherry – 605 001.
…Petitioner
VERSUS
1. The Union of Indiathrough the Cabinet SecretaryGovernment of India,Ministry of Home Affairs,New Delhi – 110 001.
2. The Government of Pondicherry, represented by its Chief Secretary to the Government of Pondicherry, Secretariat Buildings, Goubert Avenue,
Pondicherry – 605 001.
3. The Director of Central Bureau of Investigations,New Delhi.
...Respondents
A PETITION UNDER ARTICLE 32 OF THE
CONSTITUTION OF INDIA FOR ISSUANCE OF A
WRIT, ORDER OR DIRECTION IN THE
MANDAMUS OR ANY NATURE, TO HELP NEEDY
PEOPLES IN DISTRESS AND ESPOUSE THEIR
CAUSE AGAINST ORGANIZED CRIME AND MAFIA
ON ONE HAND AND HELP THE PUBLIC AGAINST
HIGH HANDEDNESS OF STATE OFFICIALS AND
AGITATE ISSUES OF PUBLIC INTEREST FOR
GRANT OF RELIEFS.
TO
HON'BLE THE CHIEF JUSTICE OF INDIA
AND HIS COMPANION JUSTICES OF
THE SUPREME COURT OF INDIA.
THE HUMBLE WRIT PETITION OF THE
PETITIONER ABOVENAMED.
MOST RESPECTFULLY SHOWETH:
1. The petitioner is a citizen of India by birth and resides
permanently in Pondicherry. He is the General Secretary of Dravida
Peravai, a Political Party, registered a Regional political party with the
Election Commission of India, whose object is to help needy people in
distress and espouse their cause against organized crime and mafia
on one hand and help the public against high handedness of state
officials and agitate issue of public interest. It works for peace and
harmony in different sections of people and work for national
integration.
2. That the petitioner as general secretary and an active member of
the party is constantly approached by needy, poor, deprived people
for help. Since he is devoted to public cause he has been for long
associated with the problems of the people of Union Territory of
Pondicherry.
3. That the problems of Pondicherry are aggravated as this French
Territory was for long administered by French laws for French
nationals of Indian Origin. The petitioner had been associated with
their problems for almost two decades. The long absence of some its
citizen attracted the greedy eyes of miscreants and they started
occupying such premises left locked for going to France.
4. That when land and property grabbing of French nationals of
Indian origin and later even of other citizens of Pondicherry obtained
serious dimensions the petitioner was flooded with complaints. The
media and other political parties also awoke to these problems. The
problems became graver and way back in December 1998 the leaders
of political parties agitated and one day token hunger strike was
jointly organized by the party of the petitioner with other parties like
B.J.P., AIADMK, DRAVIDA PERAVAI, PMK, R.J.D., SAMTA, JANATA,
D.K. etc. The petitioner joined their hunger strike and informed the
Hon'ble Defence Minister earlier on 15.10.1998. A Photocopy of the
letter is being filed as ANNEXURE: P-1. He alongwith other political
leaders met the then Lt. Governor of Pondicherry and submitted a
memorandum signed by him along with others. A Photocopy of Memo
dated 02.12.1998 is being filed as ANNEXURE: P-2 to this petition.
5. That later he was a member of delegation which called upon the
Prime Minister of India Sri Atal Behari Vajpai on 17.12.1998 at Delhi
to bring his kind notice to this problem. He was also a signatory to
the Memorandum submitted to the Hon'ble Prime Minister by this
delegation. A photocopy of the said Memorandum dated 17.12.1998
is being filed and marked hereto as ANNEXURE: P-2 to this petition.
6. That he has been in constant touch with Sri George Fernandes,
the Union Defence Minister and President of Samta Party which is the
associate party of the petitioner. He was informed about the land
grabbing mafia vide his letter being filed hereto and marked as
ANNEXURE: P-3 .
Petitioner was a member of the delegation that met the Joint
Director of C.B.I. on 03.05.1999. The petitioner also represented the
case of these unfortunate French nationals regarding their problem of
property and land grabbing to the Senator o French Parliament,
Hon'ble Jean Pierre Cantegrit. Thus the petitioner has been
associated with this Public cause for a very long period. He is fully
competent to file this writ petition in public interest.
7. That this Public Interest Petition is being filed before this
Hon'ble Court directly because:-
A) The leading political parties tried their best to obtain some relief
for the suffers and approached the Governor who had
recommended C.B.I. enquiry but later nothing came out of it. A
cell was created under the Collector to hear complaints and then
it was closed.
B) The matter has international implications and questions are
being raised in French Parliament about this house and land
grabbing grave problem that is being faced by French nationals
of Indian Origin. Madame Monique Cerisier ben Guiga a ruling
party member of Parliament had brought a call attention motion
no.12957 in French Senate drawing the attention of the Minister
for foreign affairs on spoliation of the immoveable belongings for
which the French in Pondicherry are the victims. Copy of the
Question translated dated 17.12.1998 duly is annexed and filed
hereto as ANNEXURE: P-4 to this petition.
C) The organized mafia has the blessings of the ruling party as also
a nexus to corrupt officials. The allegations by the people and
appearing frequently in media are that many political big wigs
are helping this land grabbing mafia. That is why the police,
which had in raids recovered from 5 ex-official of revenue
department who helped grabbers in preparation of false records
and maps to assist the land no other agency of government
came forward to the assistance of the harassed persons. Even
a senior police office of the rank of Superintendent now is being
accused by public for looking the other way in this matter. A
Photocopy of the News Paper reporting dated 26.12.1998 is
being annexed as ANNEXURE: P-5 to this petition.
D) This Hon'ble Court has disapproved the activist role played by
High Court in the matter of Guru Vayoor D. Managing Committee
v. C.K. Rajan – 2003 (7) SCC 546.
8. That individual matter has referred by litigants to the High Court
of the State and their writs are pending before the High Court but the
direction of that Hon'ble Court are not be complied and cared by
various departments of the Government of Pondicherry. The High
Court has been approached for getting FIRs registered as police
refused to do so. The problem is too deep, burden too heavy on
individuals to carry on. There has to be thorough enquiry, the
revenue records from the time of French are to properly located and
used; many holes already dug like destroying important records are to
be filled and individuals are to be made fearless so that they can
come forward and approach the fact finding body. Now due to the
scare spread they are afraid of doing so. All political parties have
sought the intervention of the State Administration of the Hon'ble
Governor, Hon'ble Home Minister, Defence Minister and found no
opening. Encouraged by this weak attempts the grabbers are getting
bold every day and are grabbing larger chunks either by forceful
occupation, bogus sale deeds or even arm twisting sales.
9. That intervention of this Hon'ble Court is also being sought so
that the cession treaty with a friendly country France may be
respected in letter as well as in spirit. What is more the message of a
law abiding country has to go to this great European County which is
so caring even for its nationals of Indian Origin. So far not a single
case has been reported or learnt in which the robbed person has been
put back in possession over the house, land or landed property in the
Union Territory.
10. This Union Territory has its uniqueness as no other State of
Indian Union possesses. The treaty of cession of the French
establishments of Pondicherry, Karaikal, Mahe and Yenam was signed
on 28.05.1956 between Indian Prime Minister Shri J. L. Nehru and S.
Ostrorog, Ambassador extra-ordinary and plenipotentiary of France in
India. Article 15 of this Treaty is relevant reads as follows:-
“Article 15:-
The records of the Registrars office upto date of Cession,
shall be preserved in accordance with the rules applicable
to them on that date and copies or extracts of the
proceedings shall be issued to the parties or authorities
concerned.”
11. As stated above there are about 7000 French nationals of Indian
Origin and about 70,000 Indian Nationals working in France. It is
largely they who due to their absence and others due of their
weakness or machinations, forgery and false entries prepared by the
robbers and their cohorts in revenue that full prey to land grabbers.
12. That it was the hue and cry affected parties that attracted the
attention of media and political parties so that the could unite cutting
party rivalry and difference on this issue. As stated earlier leaders of
AIDMK, B.J.P., PMK, MDMK, Dravida Peravai, Lok Sakthi, T.N. Rajiv
Congress, Samta, C.P.I. (ML), CPI (ML) led by Kathir Su Mani, Gandhi
Kamraj National Congress, Dravida Kazhagam, Dravida Kazhagam
(R), Rastriya Janata Dal, Janata met the then Lt. Governor Her
Excellency Dr. Rajani Rai and submitted a Memorandum bringing this
affairs to sorry state to her kind notice. Prayer was made to Her
Excellency to take measures and order exhaustive enquiry about
these grabbings and forging of wrong map, and records of revenue.
The petitioner learns that she had recommended to the government to
ask C.B.I. to investigate into the matter. A photocopy of the
Memorandum is Annexure: P-1 to this petition.
13. That after a fortnight the leaders of all these parties came to
Delhi and met all the leaders of national political parties the Defence
Minister, the Home Minister and the Prime Minister. A Memorandum
was submitted to the Hon'ble Prime Minister bringing a comprehensive
brief of the woes of the peoples of Pondicherry. Copy of the
memorandum is being filed as Annexure: P-2 to this petition.
14. That on 15.10.1998 the petitioner as Secretary of Dravida
Peravai had brought to the notice of Samta Party President and the
Defence Minister about the theft of important land records ‘Cadastre
and Paimache’ left behind by the French Administration. Latter a bi
weekly Junior Vikatan in its issue dated 11.11.1998, exposed the
racket of bogus land record manufacture. S.P. (Vigilance And Anti
Corruption) raided some places and recovered massive evidences of
fabrication of bogus documents. The old records were also recovered
from the possession of some of the old employees of the revenue
department confirming the existence of a nexus of officials, political
high ups and the mafia dons.
15. That matter attracted the attention of French legislature and as
far bas as 17.12.1998 Madame Monique Cerisier ben Guiga drew the
attention of the Minister of Foreign affairs on the spoliation of
immovable belongs for which French in Pondicherry are victim through
call attention motion No.12957.
16. That the French nationals joined the political parties and in the
assembly questions were put about these grabbing matters. The
government admitted that 106 complaints were received and enquiries
are being made in 92 cases. This may appear a good answer but so
far no progress has been made by the C.B.I. who is supposed to be
investigating the matters. The Defence Minister was kind enough to
convey to the petitioner that Home Ministry is taking action on our
complaint. A photocopy of his letter dated 27.12.1998 is being filed
as ANNEXURE: P-6 .
17. That having waited for quite time the political party leaders
met the Director of C.B.I. at Shastri Bhavan, Chennai and submitted to
him a memorandum on 03.05.1999. A photocopy of the same is
annexed as ANNEXURE: P-7 . The petitioner also wrote to Hon'ble
Defence Minister on 30.08.2003 for grave violation of property. A
Photocopy of the letter dated 30.08.2003 is being filed as
ANNEXURE: P-8 .
18. That the petitioner in order to bring pressure on authorities
submitted a memorandum to French senator Monsieur Jean Pierre
Cantegrit who visited Pondicherry. But all these years neither C.B.I.
nor any other agency has come to the assistance of such disposed
persons. A fresh spurt of land grabbing and house grabbing was
noticed in December, 2003. Rejya Sabha Member and Congress
Committee President V. Narayanaswamy and senior advocate and
Vice President of D.M.K. (Pondicherry) Sri C.P. Thirunavukkarasu
have stated that high level police officers with connivance of some
media person are now helping these land grabbers.
19. That unfortunately whenever a matter of this nature are sought
to be reported with police these are not treated as criminal offences
and are treated as civil disputes. In the civil courts the C.P.C. lays
down such a procedure that one -generation gets exhausted in
pursuing the remedy. The result is that people have lost the heart to
fight it out. In fact an individual has hardly any chance against
organized crime.
20. That a civilized society bases its foundation on righteous part
and respect for law and democratic way of life are the accepted mode
not only of an individual but also of healthy society. Things can be
controlled. A will to do has to be found in those who handle
administration. Gangs howsoever strong they may appear have are
bound to sink if torpedoed by organizing a body inside with the help of
governments which shall take up the basic task of examining the old
revenue records. Even if the revenue records at Pondicherry have
been mutilated, lost of manipulated photocopies can be availed from
the duplicate copy safe with French government. All the matters
reported so far should be investigated and a climate of confidence in
the processes of law and it majesty has to be so projected that the law
breaker gets afraid of punishment and the fear from the minds of
common man goes. In this role of C.B.I. revenue officials and public
men of integrity can be coordinated under the guidance and
supervision of some authority/Court.
21. That after from fulfilling the mandate of Article 21 of the
Constitution, the actions taken in right direction shall India a win the
appreciation of French people. That shall be an example even other
states of Indian Union who are getting a taste of organized crime.
The wrongful acts are violative of the umbrella provided by Article 21
and Article 14 of the Constitution of India. Hence this petition is
submitted on the following amongst other:-
GROUNDS
A) Because right to property and peaceful living is the mandate of
the Constitution. The wrongful acts are violative of the umbrella
provided by Article 21 and Article 14 of the Constitution of India.
B) Because French nationals of Indian Origin in India have to be
given the same umbrella of law as to Indians of India origin. The
message of international lure has to go about India as a highly
law respecting country.
C) Because International ramifications of the matter demand a
different and more deliberate approach in solving the matters.
The matter is in a way a test of the country to respect the
commitment that it gave to France while French left the shores
of this country without a murmur with quite dignity and since
then have always stood with India in international matters.
D) Because individual problems cannot be solved by agitating
different matters in the courts on even the High Court.
E) Because this Hon'ble Court in Bandhua Mukti Morcha V/s Union
of India - 1984 (3) S.C.C. 161 have already shown a path
through which the challenge of Ex-Prime Minister in himself in
Ex. P.M. Chandra Shekhar V/s B.L. Vadhera 2002 (9) S.C.C.
108 another land mark for land grabbing has been achieved.
F) Because this Hon'ble Court has disapproved the activism and
course taken by High Court in the matter of Guruvayoor
Devawom Managing Committee V/s C.K. Rajan 2003 (7) SCC
546.
22. That the petitioner has not filed any other petition before the
High Court or this Hon'ble Court for the similar relief.
PRAYER
In the aforementioned premises, the petitioner most humbly and
respectfully prayed that Your Lordships may graciously be pleased
to:-
a) issue a writ or in the nature of mandamus directing the Union
Home Ministry under whose control the Union Territory is being
administered to complete the probe by Central Bureau of
Investigation and to probe all land grabbing cases reported till
date in media or pending as civil suits in local courts and to
bring the culprits to book irrespective of their political or official
connection;
b) issue a writ of or in nature of mandamus directing the
Government of Pondicherry to call for original records from
French Archives and to compare it with whatever un-stolen
records we have to trace the missing links to fill the gaps and to
restore proper land survey and property records in a
computerized manner ensuring clean records for the holders of
title thereby ending the circulation of bogus and manufactured
documents in circulation and the unnecessary civil suits cause
by clashes over title by legal and illegal owners of properties;
c) issue a direction to the Union Home Ministry to probe into the
massive wealth amassed by public officials revenue and police
helping the grabbers and to bring all culprits to book by sending
a special team to take immediate action on errant officials
involved in aiding abetting promotion and shielding land
grab/house grab in Pondicherry; and
d) pass any other order or orders as Your Lordships may deems fit
and proper in the ends of justice.
Drawn by: Filed by:
VINAI SINGHADVOCATE
NEW DELHI
DRAWN ON : 20 .01.2004 (R.D. UPADHYAY)ADVOCATE FOR THE PETITIONER
FILED ON : 21.01.2004
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
I.A. NO. OF 2004
IN
WRIT PETITION (C) NO. OF 2004
IN THE MATTER OF :
N. Nandhivarman …Petitioner
Versus
The Union of India & Others. …Respondents
APPLICATION FOR EXEMPTION FROM FILING OFFICIAL
TRANSLATION
TO
HON'BLE THE CHIEF JUSTICE OF INDIA
AND HIS COMPANION JUSTICES OF
THE SUPREME COURT OF INDIA.
THE HUMBLE WRIT PETITION OF THE
PETITIONER ABOVENAMED.
MOST RESPECTFULLY SHOWETH:
1. That the petitioner has filed the accompanying writ petition
under Article 32 of the Constitution of India.
2. The facts and circumstances leading to this application have
been set out in detail in the writ petition, they may be treated as part
and parcel of this application as they are not being repeated for the
sake of brevity.
3. That the petitioner has filed Annexure P/5 duly translated into
English, the originals of which is being in French language. The said
translation has been done by an French knowing expert and the same
may be taken on record as true and authentic.
Interest of justice would be served if the petitioner be exempted
from filing official translation of Annexure P/5 as this stage.
PRAYER
It is, therefore, most respectfully prayed that this Hon'ble Court
may be graciously pleased to:
a) exempt the petitioner from filing official translation of Annexure
P/5 and pass order for taking on record of the same as true and
authentic;
b) pass such other or further orders as may be deemed fit and
proper.
Drawn by: Filed by:
VINAI SINGHADVOCATE
NEW DELHIFILED ON : .01.2004 (R.D. UPADHYAY)
ADVOCATE FOR THE PETITIONER
INDEX
S. NO. PARTICULARS PAGE NOS.
1. Synopsis and List of Dates A
2. Writ Petition with Affidavit. 1 -
3. ANNEXURE: P-1 :- Copy of the letter dated 15.10.1998 by the petitioner to Defence Minister.
4. ANNEXURE: P-2 :- Copy of the memorandum dated 02.12.1998 given to the Her Excellency the Lt. Governor of U.T. Pondicherry.
5. ANNEXURE: P-3 :- Copy of memorandum dated 17.12.1998 given to the Hon'ble the Prime Minister of India.
6. ANNEXURE: P-4 :- Translated copy of the question in French Senate dated 17.12.1998
7. ANNEXURE: P-5 :- Copy of the new item published in ‘The Hindu’ dated 26.12.1998.
8. ANNEXURE: P-6 :-Copy of letter dated 27.12.1998 by the Defence Minister to petitioner.
9. ANNEXURE: P-7 :- Copy of the memorandum to C.B.I. Director, Chennai, dated 03.05.1999.
10. ANNEXURE: P-8 :- Copy of letter dated 30.03.2003 of the petitioner to the Defence Minister & President of Samta Party.
11. Application for exemption from filing official translation.
SUPREME COURT OF INDIA
Writ Petition [Civil] No 70 of 2004
N.Nandhivarman versus Union of India
Hon’ble Chief Justice
Hon’ble Justice S.H.Kapadia
Upon hearing the Counsel the Court made the following
ORDER
We are of the view that the petitioner has a remedy by filing
a petition under Article 226 of the Constitution of India. This
petition is misconceived.
With these observations the writ petition is accordingly
dismissed.
23.02.2004