Saturday, October 31, 2009

IPS officer evicted, octogenarian gets back her house

Remember the case of Lotika Sarkar's house / estate being usurped by
an IPS officer who entered as a guest but stayed on to cheat her?
Finally justice seems to have been done, thanks to Tribunal set up
under Seniors Law.

IPS officer evicted, octogenarian gets back her house

New Delhi: In a major relief to 87-year-old academician Lotika Sarkar,
a Tribunal today directed Delhi Police to evict senior IPS officer
Nirmal Dhoundial from her house on Friday, holding he had grabbed the
property by deceit.

The Central District Tribunal, part of nine tribunals appointed by
Delhi government to address grievances of senior citizens, also
directed the Deputy Commissioner of police (south district) to
immediately evict the Dhoundials from Sarkar's property at L1/10 in
Hauz Khas Enclave.

The tribunal declared a gift deed secured by the Dhoundials to grab
the property as "null and void".

"A gift deed secured through deception, through a criminal act in
which property belonging to a senior citizen has been deceitfully
taken without her actual legitimate consent has no validity in law and
on that ground this tribunal declares the same as void," it said in
its verdict.

The Tribunal was approached by NGO All India Centre for Development of
Education and Environment (AICDEE) seeking justice for Sarkar, a
former Delhi University Professor of law.

The Tribunal also directed the district social welfare officer (South
District) to visit Sarkar at least once in a week to enquire about her
well being.

The Delhi government on October 1 had notified implementation of the
Maintenance and Welfare of Senior Citizens Act, 2007 in the city which
provides for compulsory maintenance and welfare of senior citizens.

Delhi is the first state to implement the provisions of the Act passed
by Parliament in 2007.

The sub-divisional magistrate (Hauz Khas) will have to place a
fortnightly report to this Tribunal on welfare of Sarkar so that she
is not subjected to further vulnerability, the three-member Tribunal,
headed by A V Prem Nath, said.

Sarkar had moved a petition in the Supreme Court also accusing
Dhoundial of taking her property through a gift deed secured through
deceit in 2007.

The Tribunal also held the claims of the Dhoundials that Sarkar gifted
the house voluntarily and out of love to them and that it was a legal
transfer, are manufactured, deceptive and far from truth.

Motivated by financial gain, the Dhoundials carried out their planned
heist and robbed Sarkar of her estate and in the process also deprived
her of her right to live in her house with dignity, the Tribunal said.

The Tribunal also criticised the Delhi Police for failing to arrest
the culprits in the case.

"Inefficient, indifferent and influenced South District Police seems
to have made a mockery of this investigation from the beginning," it

"There is reason to believe that the acts of the investigating
officers of Hauz Khas Police Station and of monitoring officers of
South District have not been in the interest of dispensation of
justice to Lotika Sarkar."

Sent by P Vyasamoorthy

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