The Taj CGHS was set up in 1972 and wound-up in 1979, with a brief existence in amalgamated form as Taj Sartaj CGHS. However, sometime in 2003, the original files of Taj CGHS and its amalgamated successor Taj Sartaj CGHS, disappeared from the RCS office.
On October 1, 2003, the RCS received a request from Wankhede to cancel the winding-up order of the CGHS and to revive it instead, under the DCS Act. On January 7, 2004, Diwakar approved the proposal to reconstruct the society's file without raising any questions about the missing original file, the CBI said.
This proposal was recommended and forwarded by the then RCS Inspector Mohd and Sharma who was the assistant registrar during that period, who did not initiate any steps to inform the police about the missing documents, it said.
The RCS approved reconstruction of the file without verifying the liquidation order, which, the CBI alleges was deliberately done, and the society was eventually revived on March 11, 2004 with Diwakar's approval.
During the course of investigation, CBI found that 134 members out of a total strength of 135 were fictitious, the charge sheet had said.
The Taj CGHS Ltd had registered itself with RCS in 1972 with 54 members and subsequently new members were enrolled and its strength reached to 167 members.
In May, 1975 society was offered land by DDA, but it did not accept the land since society was expecting to get land in South Delhi from Wakf Board.
The society was, therefore, wound up by RCS liquidation order passed in 1979.
However, the Delhi High Court, on December 3, 1980 quashed the winding up order and consequently, DDA allotted land to the society in 1892 at Geeta Colony in East Delhi.
In 1988 the Taj CGHS Ltd was amalgamated with Taj Sartaj CGHS and a new registration number was allotted to it.
Paving way for trial of Narayan Diwakar, the alleged kingpin of Rs.4000-crore Taj Co-operative Group Housing Scheme scam, a special CBI court has framed charges against him and four others in the 7-year-old case.
Besides, Diwakar, former registrar of co-operative society (RCS) official, the court framed charges of cheating, forgery, criminal conspiracy and corruption against Ram Nath, and Faiz Mohammed, former inspectors of RCS and Anna Wankhede and D.N. Sharma, officials of the defunct Taj Society which was allegedly revived by all the accused to get land allotted from DDA at a cheaper rate.
The CBI had lodged the case on July 29, 2005 against six persons. However, the court discharged Srichand, a builder, saying the agency has not found sufficient evidence against him.
"I find that a prima facie case to frame charge under section 120-B (criminal conspiracy) read with sections 420 (cheating), 468 (forgery) and 471 (using forged documents) of IPC and section 13 (2) read with 13(1)(d) (relating to criminal Misconduct by a public servant) of the Prevention of Corruption Act, 1988 is made out against accused Wankhede, Diwakar, Sharma, Ram Nath and Faiz Mohd," Special CBI Judge R P Pandey said.
"Accused Srichand stands discharged and his bail bond is cancelled and surety stands discharged," the judge added.
The CBI had alleged that the Taj housing society was set up in 1972 and wound up in 1979 by RCS, but Diwakar allegedly approved the proposal to revive it with the help of forged documents and signatures in connivance with other accused persons on March 11, 2004.
The CBI said that Diwakar, in a criminal conspiracy along with five others, fraudulently and dishonestly revived Taj CGHS on the basis of bogus and fake documents with the sole intention to get land allotted from DDA at a cheaper rate.
It alleges that the builder mafia conspired with the RCS and exploited provisions of Delhi Co-operative Societies (DCS) Act which allows for the revival of wound-up societies.
The accused had denied the charges in the court but the judge held that a prima facie case is made out and said "his acts, as alleged in charge sheet do not amount to doing the same in good faith, therefore, his claim for any protection is not tenable".
Sources : Indianexpress.com
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