Cricket scams and RTI

Neither Board of Cricket Control for India (BCCI) nor its franchises like Delhi District Cricket Association (DDCA) can claim to be above the law and deny accountability. When the government gives state land at concession to these bodies, they are public bodies. The rate of the land should be revived and its commercial value assessed from time to time and proportionate lease should be collected from the allottees.

It is pathetic to note that the government has been dealing with huge transactions of land transfers, without having any scientific valuation of land for more than a decade. This reflects indecision and inaction. If meticulously calculated, the loss of the government due to these allotments would run into thousands of crores of rupees

RTI is meant for inculcating transparency in the bodies spending public money for public purposes. Neither Board of Cricket Control for India (BCCI) nor its franchises like Delhi District Cricket Association (DDCA) can claim to be above the law and deny accountability.

When the government gives state land at concession to these bodies, they are public bodies. The rate of the land should be revived and its commercial value assessed from time to time and proportionate lease should be collected from the allottees. The inaction of state, in this regard costs huge losses to the public exchequer. In New Delhi, the state allotted 56,000 pieces of land to private and NGOs and left them without assessing or revising the rates since decades. The Delhi government allotted the DDCA land with a condition that they would pay revised land rate whenever revised. The rate was never revised.

The CPIO and Deputy Land and Development Officer told the Commission that the land rates in Delhi were not revised since 1999 and note was now under consideration for revising the rates by 10 per cent for institutional land and 15 % for commercial lands. There are 56,000 pieces of land ranging from 100 sq yards to 50 acres plus sizes in Delhi which were allotted to different bodies on different rates. For all these lands, the rates are not revised. They could not reply when I questioned them what is the income the state would be losing every day or every year because of non-revision of land rates. They don’t know how commercial rate will be fixed to the land.

The CPIO, the L&DO, stated: “A working group under the chairmanship of JSW & FA was constituted by Ministry of Urban Development for deliberating the land rates to be revised with effect from 1.4.1998. After examination of the recommendations of the said Working Group it was decided to fix rate in respect of commercial land with 15 per cent increase over the land rates of 1994–1996 which remain unchanged up to 31.3.1998.”

This means there is no scientific evaluation of land value of commercial nature in Delhi since 1994. It is pathetic to note that the government is dealing with huge transactions of land transfers, without having any scientific valuation of land for more than a decade. This reflects indecision and inaction. If meticulously calculated, the loss of the government over these allotments would run into thousands of crores of rupees.

Several irregularities were brought to the notice of the CIC which heard about (April 2015) the character of DDCA. The Serious Fraud Investigation Office (SFIO) report against the DDCA (2013) exposed the serious financial and election frauds between 2006 and 2012. In its report to the Ministry of Corporate Affairs and a written communication to the Ministry of Urban Development, the SFIO has asked the ministries to initiate action against the DDCA in connection with several matters.

The most serious objection raised by the SFIO has been regarding the lease of the Ferozeshah Kotla stadium. The DDCA has also been castigated for not ensuring transparency in doling out contracts for non-routine, big-ticket items like generators. “It is clear that every year crores of rupees have been siphoned off without caring to go through the transparent system of inviting tenders even for non-routine items like generators, stadium-building, etc. Most of the big-ticket purchases have been through ‘front companies’ of key DDCA office-bearers and their supporters,” former Delhi skipper and MP Kirti Azad alleged.

The ROC has confirmed that action under sections 209, 150, 211, 314, 309 and 299 is proposed to be taken against the DDCA management for various infractions of the Companies Act. The news report also included a comment by former Delhi skipper Surinder Khanna regarding proxy elections in DDCA: “The DDCA elections are nothing but a farce. All the 4,294 proxies are controlled by DDCA office-bearers and their cohorts. Twenty four DDCA members are residing at the residence of its vice-president C K Khanna. If you look at the electoral roll, you will find practically all office-bearers having multiple members staying with them. This is the reason why these corrupt officials keep cricketers at a distance”.

A report in December 2014 referred to the internal audit of DDCA books that opened a can of worms. The issue was transfer of a sum of Rs 1.55 crore to three fictitious infrastructure companies that led to serious action of stripping the President of all functioning powers including right to vote. Media Manager of the DDCA was also sacked for holding onto DDCA’s cash. All this showed a strong necessity of public scrutiny for protecting public interest, and the way the DDCA is indiscriminately spending the public money.

The points of complaints against the DDCA are:

a) no lease executed by MoUD with DDCA, for want of compliance of conditions

b) no approvals from statutory bodies like DUAC, ASI, MCD, Fire

Department

c) gained illegally Rs 36 crore with construction of 10 corporate boxes

d) Rs 158 crore has been spent on building an unauthorized stadium for which no accounts are available

e) rampant cheating of entertainment tax by pricing

f) DDCA keeps on fighting with government departments contesting property tax, ESI etc and keeps paying crores in legal fees alone

g) state function - No one can play for Delhi without being selected by DDCA

h) GOI set up a Committee headed by Regional Director (North) under Section 209 A, which has severely indicted DDCA for irregularities, financial bungling, mismanagement, membership frauds etc.

The files submitted to the Commission give a detailed calculation of damages for irregularities. The Land Management Information System based the inspection report of L& DO, gave a notice for the damage charges up to Rs 24,33,12,791.93 for their irregularities and violations of conditions from 1997-2013.

Inspection was delayed, notices for collection of damages never reached DDCA. People should have a right to know about DDCA. I considered this question and declared DDCA as public authority. As other two learned Commissioners left it to Delhi High Court. However, three Commissioners agreed that DDCA was substantially funded by the State.