Dear Sir,
Kindly advice.
A female is self proclaimed baba, follower of a Dera. Her brother in law was senior official of State urban Development agency. The agency has to provide space for a temple and gurudwara.. in their sectors, and both were already existing. Baba managed to obtain 4 canals of land allotted to in the name of a trust for Rs. 1.5 lacs with her as chairperson, and her daughters and family members and a lawyer as members. The land was allotted for religious purposes. Current market value of the land is Rs.12 crores.
1.Baba did not get any map approved from agency and built a huge structure:
-having living quarters for her and her 3 daughters. These are separate for each one and each has bedroom, drawing/dining, kitchen etc. All daughters are employed and drawing salary from private schools.
Can these daughters ( all divorcées) stay in dera and remain as members?
-There is a small place for prayers and no granth or holy book is there and no regular prayers are held.
-The boundary walls and gates are erected and gates remain closed and no one is allowed to enter without permission of baba.
2. Baba raised 34 shops in the complex facing road, and each shop having shutters in the front one back door.
3. Baba's daughters initially managed 3 shops STD PCO etc and did not pay any rent and spent the earnings for personal use.
4. Baba gave these shops to private person and took their signatures on stamp paper and it was mentioned that these are ROOMS and the person is licensee and shall pay a donation of Rs 4000/ per month and donation shall be increased every year @ 10%.Bab collected advance ranging from 50000 to 1.5 lacs from all persons and did not issue receipt to all. Baba issued receipts of donation collected in cash for app., 1.5 years, and later refused to issue any receipt.
Licensee is tenant or not? Can donation be collected in such manner?
Can the occupants who have the receipts of advance ask to refund with interest or adjust in monthly charges?
Baba has never maintained and never submitted any records to any govt. Department.
Can the baba and trust be disqualified from controlling rights on these grounds?
Can the agency take back the land from Baba?
4. Baba is mild mannered, rude, abusive, arrogant, and threatening. She would collect monthly charges even on 22nd of the month. From the electricity meter means for the rooms she has taken connection for housing complexes but she collects the electricity bill from all licensees. She boasts of political and police connections.
All the occupants are fed up.
5. Can all the occupants refuse to pay monthly charges as donation and ask to issue receipt of rent?
6. The agency in reply to RTI application has replied that land was allotted for religious purpose, and has remained on silent on points about approval of map.
Is any approval of map required, for a dera/ religious structure?
7.All occupants have their license, e.g drug license of chemist shop, travel agent shop, general store shop issued by respective departments of MC etc., in their names. They open their shops and they close their shops. Lock and key is their and with them. The back door is bolted from inside.
Can they be declared tenants?
8. Recently daughters of baba have got electricity meters installed in their name.
Is it legal??
9. Baba tried to sell the land and complex to local politicians and occupants did not agree to vacate.
Now baba and occupants have learnt that since was allotted to trust only another trust can take it.
Is it true?
Kindly reply to all points, and advice remedy. Many of the hapless citizens shall be able to get relief.
