You are using an older browser version. Please use a supported version for the best MSN experience.

Shah Rukh Khan's Alibag beachhouse under income tax radar: 4 allegations

India Today logo India Today 4 days ago Virendrasingh Ghunawat
a plant in a garden © India Today a close up of a pink wall © India Today

A written complaint has been filed by an Alibag-based activist against actor Shah Rukh Khan, his wife Gauri Khan, one company Deja Vu Farms Pvt Ltd, company's CEO and other unknown private persons and public servants for using forged papers in acquiring a large size of plot for the construction of super-luxury bungalow.

Senior income tax officials were unaware of the case when contacted by IndiaToday.in. The officials decided to quiz two shareholders Deja Vu Farms and recorded their statements in order to check any benami transactions took place on behalf of Shah Rukh Khan.

Spread in an area of 19,960 square meters, with huge swimming pool and one private helipad, the bungalow is created on a scenic land of the size of 11,000 square feet. This large piece of land is made up of 5 plots which run along the sea. The beach extends further for about 20 meters from the land making it a property with enormous natural beauty.

The major allegation against actor Shah Rukh Khan is that he made an application to purchase agricultural land for agriculture, but instead constructed a super-luxury bungalow at Alibag.

As per the complaint, the actor and others have allegedly committed offences of criminal conspiracy under Section 120-B; offence of forgery of valuable security, forgery for the purpose of cheating and using forged documents as genuine under Section 467, 468, 471 and 420; and offence of criminal breach of trust by a public servant under Section 09 of Indian Penal Code, 1860.

Activist Surendra Dhavale had filed this complaint on January 11, 2017, in Khar Police Station. The complainer had requested Mumbai Police to file an FIR and investigate the case in accordance with Chapter - XII of the Code of Criminal Procedure, 1973, but that never happened.

Watch

Replay Video
(Video provided by The Times of India)

On March 23, 2017, Rajendra Kane, a police inspector at Khar Police Station, acknowledged the written complain and later recorded the statement of Dhavle. He confirmed to IndiaToday.in saying, "the enquiry is on." But Kane declined to give any fresh update on this matter.

In a telephonic conversation, Kane said: "We are waiting for the report. Once, it comes we would decide what would be our next plan of action." He admitted that till now Shah Rukh Khan and his family members has not been summoned for their replies or sought any case details.

"There is no such FIR at present," Paramjit Dahiya, DCP - Zone 5, Mumbai Police, told IndiaToday.in. Dahiya did not respond to the queries on the further course of action.

© Getty

Prior to the year 2009, the concerned plot was an agricultural land. As per the coastal zone management plan, the land was within the Coastal Regulation Zone (CRZ)-III area (within 200 m of the high tide line). Rules say, on such land no new construction can be done, only repairs of pre-1991 houses were permitted without changing the plinth of the old house.

Allegation 1

The first allegation against the actor is he entered into a criminal conspiracy with one another and got prepared forged record of rights to show that a large pre-1991 bungalow existed on an open agricultural.

"In actuality, there was no such old pre-1991 bungalow, which gets confirmed from the Google Earth Satellite Photograph of the year 2003. The fact is the bungalow appeared only in the fake and forged revenue records," said Dhavale.

Allegation 2

The second allegation is that the actor, who is the actual owner of the plot with his wife, formed a company (especially for this purpose) Deja Vu Farms Pvt Ltd, based in Khar. Both are equal owners of the company. "The forgery of the land records was done for the benefit of the company," the complainant said.

Allegation 3

On paper, Deja Vu Farms was floated by two shareholders, namely, Sriniwas Parthsarthy and Somsekhar Sundaresham on December 27, 2004. But the actual directors of this company (as per Ministry of Corporate Affair's website) were the relatives of Gauri Khan. It indicates that the person behind setting up of this company was none other than the SRK.

As per the Ministry of Corporate Affairs website, at present, the directors of Deja vu Farms Pvt Ltd are Savita Chibba (Gauri's mother) and Namita Chibba (Gauri's brother's wife). But the person who manages the affairs of Deja Vu Farms at the grassroots levels is Moreshwar Rajaram Asgaonkar.

Fact remains, the ostensible purpose for setting up this company was to be in the business of farming and the aforesaid lands were to be purchased to pursue the farming business.

Allegation 4

The complainant alleged that the actor intended to purchase a large piece of land for construction of his ultra-luxury bungalow, therefore, he devised a strategy to set up an agricultural company.

Later, he got the permission under the said section 63 of the Bombay Tenancy and Agricultural Lands Act, 1948 (which stipulated that only a farmer could buy agricultural land) and then fraudulently use the land not for farming business but to construct his house.

What do rules say?

As per Section 63 of the Bombay Tenancy and Agricultural Lands Act, 1948, an agricultural land could be sold only to a farmer.

"Since, Khan was not the farmer, he sought to purchase the land by playing the fraud of setting up a company which was engaged in agriculture," Dhavale said.

On May 12, 2005, the additional collector of Raigad issued an order permitting the Moreshwar Asgaonkar to purchase the land. This permission was being given to purchase land for the purpose of farming.

Further, Moreshwar attached the forged 7 x 12 extracts to show as if the same were genuine and sought permission from Collector, Raigad to repair and renovate the house (4650 sq feet) which was never in existence.

The complaint said, "The forgery of 7 x 12 extract is proved by Google Earth Satellite Photographs which can be verified from Maharashtra Remote Sensing Applications Centre, National Remote Sensing Applications Centre and also from a spot panchanama".

Unsecured loan from SRK

In the financial year 2005-06, SRK gave an unsecured loan of Rs 8.4 crore to Deja Vu Farms, which was apparent from the schedule appended to the balance sheet statement.

Between March 31, 2005to March 31, 2006, the actor made two transactions of Rs 10 lakh and Rs 8.45 crore, respectively. "Even after 12 years this loan is still outstanding and nor has there been any business revenue for all these 12 years", the complaint stated.

In 2006-07, all the shares of Deja Vu were transferred from Parthasarthy Sriniwas and Sundaresham Somsekhar to SRK and Gauri. The new shareholding patterns were; SRK and Gauri having 5000 shares each (total 10,000 shares) with amount per share of Rs 10, respectively. However, later the unsecured loans given by the shareholder to Deja Vu increased to from Rs 8.4 crore to Rs 15.60 crore.

India Today's investigation

To get the real sense on the ground, India Today team visited Alibag and found that even local authorities were quite unaware about these forged papers. While talking to India Today, exclusively, the resident collector admitted that the actor was already under scanner for the violation of CRZ rules.

In 2015, Shah Rukh Khan had been noticed, the copy of that notice is with India Today. Instead of replying the notice, the actor fought the case in the district court and managed to get the stay order.

Till now, the collector office have not decided the next course of action. While talking to Indiatoday.in, Anil Gosavi, Tehsildar Incharge said , " Till now, we have not received any communication from Mumbai Police. But if required, we would completely support the investigation. Even we could look into it how these forged papers were made and were used."

Queries sent to Shah Rukh Khan and his managers related to these allegations and police enquiry remained unanswered.

Meanwhile, Rajaram Ajgaonkar, son of Moreshwar Ajgaonkar, director of Deja Vu Farms and the man incharge at Alibag for the paperwork responded to India Today's queries.

He said, "My father is now 91 year old. Almost 7 years back, he resigned from Deja Vu Farms. Now he is no more associated with Shah Rukh Khan and his family. Some days back, Mumbai police had questioned us regarding Alibag property matter. We have replied them saying he is an old man now and has nothing to do with company's activities."

It should be noted that Rajaram Ajgaonkar is Shah Rukh Khan's most reliable chartered accountant to handle his personal income or company's activities.

However, the complaint is likely to file a writ petition against the actor and associated stakeholders before the metropolitan magistrate court in next fortnight, seeking detailed investigation by Mumbai and Alibag police in this case.

More from India Today

image beaconimage beaconimage beacon