SASARAM: In a startling case, Sasaram Nagar Parishad board, on March 29 this year, decided to permanently lease out a plot of land worth at least Rs 1 crore almost free - for a monthly rent of just Rs 2 per month! According to sources, this was for the first time in the history of the Parishad that a mutation case was brought and decided at the board meeting.
A legal expert,
Chandra Bhushan Singh, who practises in Sasaram court, claimed that this case of transfer of property to a third party by the successor of the original lessee was in flagrant violation of the Indian Property Transfer Act, which clearly states that leased property could not be transferred and sub-leased to another person.
Showing some hurry in the matter, the executive officer of Sasaram Nagar Parishad, P Lal, implemented the mutation decision without its ratification at the next board meeting, by issuing a letter on April 16, 2012, informing the beneficiary that mutation of the plot had been made in his name, sources said.
However, Lal washed his hands off the case, saying he was bound to obey the decision of the board. He added that though the board had not decided to revise the rent of the plot, this would be done.
On February 3, 1961, Sasaram Nagar Palika had settled 3.9 katthas of land at Sarai Road in ward number 2, now a business hub of the district, on permanent lease to one Sheikh Ashraf Hussain on a monthly rent of Rs 2. The rent was to be paid in the first week of every month and the lessee and his successors were to remain in possession of the leased property permanently.
The documents in possession of TOI reveal that the rent was never paid on time. On April 5, 2005, rent of 21 years from 1984 to 2005 amounting to Rs 504 was paid to the Nagar Palika, sources said. They also said that after the Sheikh's demise some years back, his three sons divided the leased plot among themselves. The share of each son came to 1.3 kattha.
Later, one of the sons, Chand Ashraf, applied to the executive officer, Sasaram Nagar Parishad, requesting transfer of his share of the leased plot to a businessman,
Mumtaz Ahmad. The executive officer, instead of taking a decision on the application, placed it at the board meeting on March 29, 2012, which approved the request. At the meeting, the related documents were not presented before the members and the plot and ward number too weren't disclosed, sources said.
They said it had not been mentioned anywhere in the original lease agreement that the plot could be transferred to a third person. Meanwhile, rent of seven years is still due.