News Relic, New Delhi.
In
what could stir up a fresh debate on the alleged favours showered by
the previous Congress government on M/s Skylight Hospitality, the
company owned by Robert Vadra, the businessman son-in-law of Congress
president Sonia Gandhi, the principal accountant general (audit) of
Haryana has observed that Vadra's company was given a colonisation
licence in Gurgaon's Sector 83 (Shikohpur) despite not fulfilling the
minimum area norm of two acres as per policy guidelines.
Draft audit paras
In
revised draft audit paras on "issues relating to regulatory framework
and policy guidelines" for the Haryana town and country planning
department (TCPD), the principal accountant general (PAG) said that as
per the December 2006 policy for grant of licences, the minimum area
norm for setting up a commercial colony in the hyper-potential zone was
two acres. Gurgaon falls in the hyper-potential zone.
The
PAG represents the comptroller and auditor general (CAG) in a state and
prepares audit reports pertaining to the accounts of the state that are
laid in the state assembly.
The
town and country planning department is yet to submit a reply on these
draft audit paras. The then director general, town and country planning,
Haryana, Anurag Rastogi had told HT on February 13 that the department
has not replied to these draft paras sent by the PAG.
TCPD officials confirmed on February 24 also that no reply had been made so far to the draft audit paras.
After
the TCPD's reply and exit conference, the PAG will finally decide
whether to drop the draft paras or to record them in the final CAG
report to be tabled in the assembly.
'Skylight favoured?'
"While
appraising the licence of M/s Skylight Hospitality, it was observed
that out of 3.531 acres applied area, 0.83 acre fell in a residential
zone and 1.35 acres fell in the 24-metre internal circulation plan road.
After excluding these areas, the net planned area that could be
considered for commercial licence was 1.351 acres, which was less than
the minimum area norms prescribed in policy guidelines," the PAG draft
paras submitted to state government read.
The
auditors said that the district town planner (HQ) proposed that the
coloniser would construct the 24-metre road passing through the site and
transfer it to the state government free of cost. Thus, the coloniser
was assessed to have fulfilled the minimum area requirement of two
acres.
As
per the department policy, areas falling under roads was not to be
calculated towards net planned area and only benefits towards floor area
ratio (FAR) was to be given for transferring the land falling under
road. While this principle was applied in 12 other cases (the area
indicated against each of these applicants was after deducting area
under sector roads) but in the case of Skylight Hospitality, the area
falling under roads was indicated, the audit said.
"In
the absence of any explanation for the same in notings of the district
town planner (HQ), it is not clear why such a distinction was made in
respect of Skylight Hospitality vis-a-vis other applicants. If this area
is excluded then the net planned area of Skylight Hospitality comes to
1.351 acres, which is less than two acres required under policy
guidelines," the PAG said.
'Condition waived for company'
The draft audit paras said that in the case of Skylight Hospitality,
the Gurgaon site was not approachable. However, the department decided
to waive this condition while granting licence on the justification that
approach would be taken by the licencee through the plotted colony of
Onkareshwar and Mark Buildtech in collaboration with Vatika Landbase for
which a letter of intent (LoI) had already been issued.
"The
DTP (HQ) in his March 17, 2008, noting that though department had been
considering approach road for existing colonies for grant of additional
licences but there were no precedents where approach was to be given
through a plotted colony of another licensed colony and this would
require revision of the approved sector plan," the PAG said.
The
draft audit paras observed the absence of specific guidelines or
earlier precedents in this regard. "Without revision of sector plans as
indicated by DTP (HQ), permission was granted to Skylight Hospitality,"
the auditors said.
The
draft audit para also said though as per the government policy,
commercial sites should be approachable through internal roads, there
was no clearly laid down criteria about the approach roads and no
guidelines have been framed to cater to situations where commercial
sites were not approachable.
No contravention of rules: Vadra lawyer
Responding
on behalf of Vadra and Skylight Hospitality, advocate Suman Jyoti
Khaitan said: "Our clients (Skylight Hospitality) have been given
licence number 203 of 2008 for 2.7 acres at Shikohpur village in Gurgaon
in accordance with Section 3 of the Haryana Development and Regulation
of Urban Areas Act, 1972, read with Rule 12 of the Haryana Development
and Regulation of Urban Area Rules, 1976."
"The
internal circulation road is always a part of the licensed area unlike
the sector roads and green belts as per the government policy applicable
in all cases."
Khaitan
said that access has been provided to our clients by the adjoining
colonisers through a written undertaking given and accepted by the town
and country planning department.
"This
is the practice and there is no contravention of any provisions of the
Act of 1975 of the Rules of 1976 in any manner whatsoever. Even
otherwise, roads constructed by a coloniser are of public use and an
access available through a road constructed by an adjoining coloniser
can neither be improper nor illegal in any manner. No adverse inference
can possibly be drawn," the advocate added.