Dated: 16.08.
2023
To,
The DCP,
Sector 19, Dwarka
New Delhi-110075
COMPLAINT AGAINST (1) PRESIDENT, VICE
PRESIDENT, GEN. SECRETARY AND SECRETARY,
RWA SHYAM KUNJ ALONG WITH OTHER MEMBERS,
(2) SHO, PS CHHAWLA AND (3) HEAD CONSTABLE
BHUPENDER, PS CHHAWLA REGARDING THEIR
ACTS OF EXTORTION, ILLEGAL OBSTRUCTION AND
CRIMINAL INTIMIDATION COMMITTED AGAINST
COMPLAINANT.
Respected Sir,
I, Rajesh Jakhar, S/o Late Sh. Daya Nand, R/o Village Goela
Khurd, PO Chhawla, Delhi 110071, hereinafter referred to as
complainant, beg to submit following facts for your kind
consideration and strict legal action:
1. That my father namely Late Sh. Daya Nand, R/o Village
Goela Khurd, PO Chhawla, was the absolute owner of
property measuring 1 Bigha 16 Biswa bearing old Kh. No.
53/1 of Village Goela Khurd and post consolidation
(Chakbandi) as 38 min. It is submitted that my father namely
Late Sh. Daya Nand met his demise on 09.07.2023. It is
submitted that I, being one of the children of Late Sh. Daya
Nand, am one of the legal heirs of my father, having inherited
the aforementioned land from my father.
2. That the accused no. 1 are the President, Vice President, Gen.
Secretary and Secretary of RWA Shyam Kunj, A-85, Shyam
Kunj, Goela Extension, Najafgarh, New Delhi 110071,
namely Sh. C.S. Bisht, Sh. R.P. Sharma, Sh. S.K. Mishra and
Sh. Sanjay Jakhar respectively along with other RWA
Members whereas the accused no. 2 is the SHO, PS Chhawla.
3. That in the end of month of June, 2023, I was maintaining my
land at the aforementioned address and the accused no. 1
along with several other persons had approached me
regarding their septic tanks which were in the vicinity of the
aforementioned land and the parking of RWA Shyam Kunj
Colony’s cars in my land. It is submitted that the RWA
Shyam Kunj has also illegally constructed a road in my
aforementioned land. I was threatened to halt the maintenance
of the aforementioned land else I had to pay a sum of Rs.
1,00,000/-(Rupees One Lakh Only) to the RWA executive
body for allowing me to maintain my land. It is pertinent to
mention that the aforementioned RWA and its respective
colony is unauthorized and its illegal encroachment is against
the policies of the Central as well as Delhi Government. It is
further submitted that the members of RWA Shyam Kunj
dump their garbage and waste materials regularly on my
aforementioned land in order to harass me.
4. It is pertinent to mention that the aforementioned colony was
developed against and in violation/contempt of the directions
laid down by the Hon’ble Supreme Court of India in M.C.
Mehta v. Union of India 2020 SCC OnLine SC 648 wherein
all colonies which did not follow a specific guidelines of the
Delhi Government and are in contradiction to the Master Plan
of Delhi were deemed to be illegal and unauthorized and the
same were to be demolished by the concerned departments.
5. Upon my denial to pay the representatives of RWA Shyam
Kunj an extortion money of such magnitude, I was threatened
with legal as well as physically violent consequences. I was
told by the Gen. Secretary, RWA Shyam Kunj and other
members that they would have me convicted under false
allegations to the police, for instance, land grabbing of Govt.
of NCT of Delhi. It is pertinent to mention that the Secretary
of the aforementioned RWA namely Sh. Sanjay Jakhar and
his kin were also shareholders of the aforementioned 38 Min,
Goela Khurd who took back their share of 1 Bigha 7 Biswa on
04.08.2016 details of which are Misal No. M-344 and
TEH/KH/2013-14., thereby meaning that Sh. Sanjay Jakhar
already knew that the aforementioned land does not fall under
the ownership of any departments of the Govt. of NCT of
Delhi.
6. A few days after the aforementioned incident, I was contacted
by HC Bhupender regarding a complaint filed by the RWA
Shyam Kunj. I was told by the HC Bhupender that the RWA
Shyam Kunj has alleged that my land bearing Kh. No. 53/1 of
Goela Khurd village was actually owned by Irrigation and
Flood Control Department, New Delhi and my possession was
alleged to be illegal. I was told by HC Bhupender to meet the
SHO, PS Chhawla in order to join the investigation of the
aforementioned complaint and amicably settle the same.
7. During my meeting with the SHO, PS Chhawla, I furnished
all the relevant documents pertaining to the aforementioned
land in order to prove my ownership of the same. I was
further told that the aforementioned complaint filed by the
RWA Shyam Kunj against me mentioned two old Khasra
numbers, 59/1(1-06) and 68/1(0-12) as being owned by the
Irrigation and Flood Control Department, New Delhi. Upon
furnishing further documents disclosing the ownership of the
Kh. No. 59/1 and 68/1 of other persons, I inquired as to why
was I being obstructed from maintaining the peaceful
possession of my land even though the old Khasra number of
my land was not mentioned in the complaint of the RWA
Shyam Kunj. I was not given satisfactory reply by the SHO,
PS Chhawla and was told to stop any maintenance activities
till the completion of the investigation.
8. After a while, I filed a complaint dated 27.07.2023 bearing
Reference No. 81760072301311 registered on 30.07.2023
against RWA Shyam Kunj in PS Chhawla for giving false
complaints and making false allegations against government
officials and farmers. I was contacted by the HC Bhupender
and was told that SHO, PS Chhawla wants to meet with me in
the police station.
9. Upon meeting with the SHO, PS Chhawla, I was told that the
RWA Shyam Kunj wants to amicably settle the matter and
that the SHO, PS Chhawla will stop the investigation of
complaint by RWA and hide all the complaints, but I, Rajesh
Jakhar, have to give Rs. 2,50,000/-(Rupees Two Lakhs Fifty
Thousand Only) to the SHO, PS Chhawla and HC Bhupender,
who will in turn give Rs. 1,00,000/-(Rupees One Lakh Only)
to the President and Gen. Secretary, RWA Shyam Kunj in
order to settle the matter.
[Link] my disagreement regarding the same, I was threatened
by the SHO, PS Chhawla that even though I owned the
aforementioned land, the police officials will not let me do
anything on the said land unless and until I bribe them. I was
further threatened with land grabbing by the RWA Shyam
Kunj and the SHO, PS Chhawla along with HC Bhupender. I
was further told that the investigation regarding both the
complaints is pending and will remain pending even though I
had furnished all the necessary documents regarding the same.
The SHO, PS Chhawla has refused to verify the allegations by
the RWA Shyam Kunj with the Irrigation and Flood Control
Department, New Delhi as he wants to be bribed by me.
[Link] is pertinent to mention that the aforementioned land was
acquired by the Chief Commisioner, Delhi vide Award no.
1991 dated 29.08.1967 for an area admeasuring 52-7(52
Bigha 7 Biswa) of Goela Khurd village in which 23 families
including us, were previous owners for the purpose of Lift
Irrigation Scheme. The said land was transferred to Irrigation
and Flood Control Department of Delhi Administration, Delhi
for a public purpose, namely, for "Lift Irrigation Scheme" in
Najafgarh Block. to be taken by the Government at the public
expense.
[Link] the meantime, the flow conditions in Najafgarh Drain,
Subsequently, improved due to Najafgarh Drain being
resanctioned from its discharging capacity of 900 cusecs to
3000 cusecs. Due to improvement of the flow condition in the
Najafgarh Drain, the storage of water in Najafgarh Jheel and
the Najafgarh Drain U/S of Kakraula came to an end. The
local farmers of the area were also against the implementation
of this scheme. Accordingly, the execution of the scheme was
dropped as per the decisions taken in a meeting held on
18.08.1969 under the chairmanship of Shri J.C. Mathur,
Additional Secretary, Department of Agriculture, Govt. of
India. the minutes of which circulated vide letter No. F.6(10)/
68-DL/ dated 27.08.1969.
[Link] in view the decisions taken at the level of the
ministry of Agriculture, the Lt. Governor, Delhi accorded his
approval to their owners subject to the condition that the
amount of compensation paid to the land owners subject to
the condition that the amount of compensation paid to the
land owners is to be refunded back to the land Acquisition
Collector. This decision was communicated by the Secretary
(L&B) vide his letter No. 7(29)/ 81-L&B/ 12539 dated
27.03.1987.
[Link] 1987, the then Chief Engineer(I&F) vide his letter No.
CEF/SW/T-7/NPI/87/5412 dated 05.05.1987 requested
Secretary(I&B) to freeze the process of handing over the land
back to the concerned villagers saying the department intends
to revive the ‘Goal Lift Irrigation Scheme’. The draft scheme
was again prepared and the feasibility of the execution of the
scheme was examined ta site during inspection. It was seen
that in village Khera, Paprawat and Dindarpur heavy
encroachment on the land has been done by the farm house,
belonging the high status people and ta this stage, the removal
of this encroachment does not seem to be possible.
[Link] view of the above and as recommended by SE(MPI) and
also Lt. Governor, Delhi's decision dated 27.03.1987. It is
proposed that 'Goela Lift Irrigation Scheme' may be dropped
and the Secretary (L&B) may eb requested to release the
process of handing over back to the land owners as per the
conditions laid down by Lt. Governor, Delhi his letter dated
27.03.1987.
[Link] Honb'le L.t Governor, Delhi vide his order dated
10.08.1998 appended in the office field of Land Building
Department has been pleased to drop the above scheme. This
decision of the Hon'ble Lt. Governor, Delhi was conveyed by
Sh. B.R Diwan, Under Secretary (LA) Delhi Administration.
Delhi vide his letter No. F.7(29) 81-L&B/ 28984 and the copy
of which was endorsed to Chief Engineer (I&F), Delhi
Administration, Delhi and in pursuance of the Hon'ble L.t
Governor Delhi's approval, the concerned land owners were
informed vide Notice No. CEF/SW/ T-7/ KEIS/ Phase-Ill/ 87-
88/ 8292 dated 25.04.1989 that the Hon'ble Lt. Governor
Delhi has been pleased to accept the request of the Ex-owners
of the above mentioned land for restoration of their
agricultural land situated in the revenue estate of the village
Goela Khurd. In pursuance of the above notice, the villagers
had approached this department for early reconveyance of the
said land which was now in the possession of the Irrigation
and Flood Control Department, Delhi Administration, Delhi.
[Link] reconsideration of the matter the concerned authority has
decided to transfer the land to its rightful owner Sh. Daya
Nand S/o Late Sh. Jage Ram. Sh. Rajender Singh S/o Late Sh.
Rajak Ram, Village Goela Khurd, P. O. Chhawla, New Delhi-
110043 situated in the revenue estate of village Goela Khurd,
Delhi total measuring 01 Bigha and 16 Biswa in public
interest and to remove their grievances. It is pertinent to
mention that Late Sh. Daya Nand is the father of the present
complainant, ie. Sh. Rajesh Jakhar.
[Link] the I&FC Department of NCT of Delhi dug up the
aforementioned land when it was under their possession
thereby creating an uneven landscape and the effects of the
same are still present in the aforementioned land. It is
submitted that the Complainant was in the process of
maintaining the aforementioned land in order to bring the
landscape to the prior level and then the RWA Shyam Kunj
along with its members and the aforementioned police
officials stopped the Complainant from doing the same.
[Link] the complainant is being threatened in several ways by
the abovenamed accused persons. The abovenamed accused
persons have on several occasions have threatened the
complainant and ended up saying that the complainant would
be beaten at the hands of police and authorities and that the
SHO, PS Chhawla is an officer of higher grade who has deep
connections with criminals and other antisocial elements of
the society and such act is not a big deal for him.
[Link] is submitted that the SHO, PS Chhawla and President, Gen.
Secretary, RWA Shyam Kunj along with other executive
members are in connivance with each other and that they want
to extort illegal monies from me.
[Link] the accused persons have not filed any civil suit for stay
against maintenance of the aforementioned land neither have
they furnished any order of any concerned authorities rather
they have illegally stopped me from maintaining my land
indefinitely and are in the process of disturbing my peaceful
possession of the same.
[Link] the abovenamed accused persons have threatened the
complainant to hand over Rs. 2,50,000/-(Rupees Two Lakhs
Fifty Thousand Only) and to vacate the premises in which he
is residing with immediate effect or he has to face the dire
consequences. The accused persons have by every means tried
to suppress the complainant so that the complainant would
hand out illegal monies to them.
It is, therefore, requested to your good office that a case
may kindly be registered against above named accused
persons for the offences committed by them in the provisions
of the Indian Penal Code and other relevant laws and he/they
be arrested and prosecuted for the said offences as per law of
crimes.
Thanking you in anticipation and awaiting for your
kind and favourable response.
Yours sincerely,
Rajesh Jakhar,
S/o Late Sh. Daya Nand
R/o Village Goela Khurd,
PO Chhawla
Email: rajeshjakharbhagatsingh@[Link]
Mob. No. 9810940017
List of Documents Annexed herewith:
1. Photocopy of Reconveyance Deed by Civil Division VIII,
I&FC Department, Rohini, New Delhi.
2. Photocopy of Khatauni of my aforementioned land.
3. Photocopy of Notice sent by Revenue Department for
Survey of Demarcation/Measurement of my
aforementioned land (Kh. 38 1-16).
4. Photocopy of notice sent by the Revenue Department for
Demarcation/Measurement of our land in Kh. 38.
5. Photocopy of Complaint dated 27.07.2023 bearing
Reference No. 81760072301311 registered on 30.07.2023
against RWA Shyam Kunj in PS Chhawla.
6. Photos of Illegal Parking of Cars of RWA Shyam Kunj in
my land.
