PONDICHERRY LAND GRABBING CASE BEFORE SUPREME COURT : 2004
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, bungalows 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 Defense
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 Defense 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 Defense 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.
Nandhivarman
General
Secretary
Dravida
Peravai
Having its
office at
28, Romain
Rolland Street,
Pondicherry –
605 001.
…Petitioner
VERSUS
1. The Union of India
through the Cabinet Secretary
Government 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 ABOVE NAMED.
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 Defense 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 Bihari Vajpayee 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 Defense Minister
and President of Samata 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, Defense 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 Defense 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 Samata Party
President and the Defense 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 Defense 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 SINGH
ADVOCATE
NEW DELHI
DRAWN ON :
.01.2004 (R.D.
UPADHYAY)
ADVOCATE FOR THE
PETITIONER
FILED ON : .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 SINGH
ADVOCATE
NEW DELHI
FILED ON :
.01.2004 (R.D.
UPADHYAY)
ADVOCATE FOR THE
PETITIONER
INDEX
|
S. NO.
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PARTICULARS
|
PAGE NOS.
|
|
1.
|
Synopsis and
List of Dates
|
A
|
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2.
|
Writ
Petition with Affidavit.
|
1 -
|
|
3.
|
ANNEXURE:
P-1:- Copy
of the letter dated 15.10.1998 by the petitioner to Defence Minister.
|
|
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4.
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ANNEXURE:
P-2:- Copy of the memorandum dated 02.12.1998
given to the Her Excellency the Lt. Governor of U.T. Pondicherry.
|
|
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5.
|
ANNEXURE:
P-3:- Copy of memorandum dated 17.12.1998
given to the Hon'ble the Prime Minister of India.
|
|
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6.
|
ANNEXURE:
P-4:- Translated copy of the question in
French Senate dated 17.12.1998
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7.
|
ANNEXURE:
P-5:- Copy of the new item published in ‘The
Hindu’ dated 26.12.1998.
|
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8.
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ANNEXURE:
P-6:-Copy of letter dated 27.12.1998 by the
Defence Minister to petitioner.
|
|
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9.
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ANNEXURE:
P-7:- Copy of the memorandum to C.B.I.
Director, Chennai, dated 03.05.1999.
|
|
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10.
|
ANNEXURE:
P-8:- Copy of letter dated 30.03.2003 of the
petitioner to the Defence Minister & President of Samta Party.
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11.
|
Application
for exemption from filing official translation.
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