A day after Delhi Chief Minister Arvind Kejriwal sent a complaint alleging benefit of `315 crore to the son of Chief Secretary Naresh Kumar in land acquisition on the Dwarka Expressway, Vigilance Minister Atishi initiated an inquiry into a complaint against Chief Secretary Kumar, summoning all the files on Bamnoli land acquisition for further action.

According to sources, Atishi wrote to the Director Vigilance and Divisional Commissioner regarding the alleged corruption involving Kumar. The minister has directed that "no files concerning the matter are to be processed through the Chief Secretary, since he is the subject of inquiry and therefore has a conflict of interest."

Atishi has directed divisional commissioner and vigilance director to provide all the files related to Bamnoli land acquisition to her by 7 pm Saturday.  In separate notes to the divisional commissioner and vigilance director, the minister directed that "no files concerning the matter are to be processed through the Chief Secretary, since he is the subject of inquiry and therefore has a conflict of interest."

 The Chief secretary reacting to the complaint against him, has maintained that it was an act of "mudslinging" by "disgruntled" persons facing vigilance investigations.  A complaint has been received by the Chief Minister regarding this acquisition of land in Bamnoli village for the Dwarka Expressway, Atishi said in her note.

 "It has been alleged that the two landowners — Subhash Chand Kathuria and Vinod Kathuria — are family members of a business associate of the son of the current Chief Secretary of Delhi, Naresh Kumar," read the minister's note. "DM South West overturned a 2018 decision by the adjudicating authority, the additional district magistrate, granting compensation of Rs 41.52 crore for the same parcel of land based on a valuation of Rs 53 lakh per acre," said the note.

Atishi stated that the Vigilance Directorate has already examined the issue of the acquisition of the Bamnoli village land and the involvement of Hemant Kumar. "However, the role of the Chief Secretary has not been examined yet. An inquiry has been initiated on this, on the directions of the Chief Minister," she said.

Chief Minister Arvind Kejriwal on Friday marked the complaint for inquiry and sought a detailed report from the vigilance minister.

 In May 2023, then district magistrate (south west Delhi) Hemant Kumar awarded Rs 353 crore as compensation to two individuals for 19 acres of land in Bamnoli village, at the rate of `18.54 crore per acre. The land was acquired by National Highways Authority of India (NHAI) for Dwarka expressway construction in 2018.

 The document accessed by the pioneer revealed the Directorate of Vigilance in its finding noted that there is a delay on the part of DM (South-West) to a considerable time to the extent of about two months. “It is noticed that DM (South-West) has facilitated opposite party to approach  the  court  by  allowing   frequent   adjournment   and  granting  time  to file replies. So much so that the claimants on 20.06.2023(105/C) have filed an application before the High Court for keeping the application in abeyance before DM (South-West) for one week. Now, the question is whether the delay is malafide or bonafide?

“Before answering this question, it may it may be noted that the original award passed by the ADM (South-West) on 02.04.2018 has determined the value @ Rs.53 Lakhs Per Acre and awarded a total compensation of Rs. 41.52 Crores (Approx.) in contrast DM (South-West) who had awarded Rs. 46,200 per Sq. Mtr. which amounts to Rs. 18.54 Crores per Acre.

The financial implication between these two is about Rs. 311 Crores, which is an amount that the government may have to pay if the arbitration award is implemented. Besides this, it may have implications on other similar cases/ projects. Prima facie, the principle reason for such escalation is the base on which the Arbitrator has determined this rate. The Arbitrator  had considered it as Urbanized Residential (Low Density Residential Area) whereas award dated 02.04.2018 was passed considering it as an Agricultural Land,” it said.

Earlier, the Delhi High Court has nullified an award of over Rs 300 crore issued by District Magistrate (DM) Hemant Kumar, who was suspended from his position, in a matter of compensation for land acquisition in Bamnoli village, southwest Delhi on Dwarka Expressway.

The Union Ministry of Home Affairs referred the case to the CBI for investigation on October 20 and concurrently, Kumar was transferred to the Andaman and Nicobar Islands on October 19. He was subsequently placed under suspension with immediate effect on October 20.