In a decade-old case in Gujarat’s Navsari, an illegal land sale involved the power of attorney (POA) of Pakistan. However, residents of eight countries, including Pakistan, are not allowed to transfer their land using POA in India.

Despite the law, seven documents from people living in Pakistan and the UK were recorded in the sale of land using POA.

This illegal land sale has flown under the radar of the authorities in Navsari. The reason behind inaction from authorities till date may include the involvement of high-level government officials such as mamlatdar and officials of the sub-registrar office.

Unfolding chapters of Navsari’s  illegal land sale

The land in question is situated in Navsari’s Jalalpore (Simlak village), which spans over 36,032 sq m with different survey numbers. The land was collectively owned by 14 people.

In 2013, all 14 of them decided to sell the inheritance land, but six of them were residents of the United Kingdom (UK) and one woman was a resident of Pakistan.

Interestingly, seven of the foreign residents were able to transfer POA to their next of kin living in India.

Pakistan’s POA involved in land sale

Jainab Musa, a resident of Karachi, Pakistan, transferred POA on Pakistani stamp papers to Adam Mayat, a resident of Jalalpore's Vesma village. 

Even though a Pakistan-resident cannot transfer the POA of the land, Jalalpore mamlatdar, sub-registrar, and other responsible officials swept the matter under the rug. 

This illegal document was recorded at the sub-registrar’s office on May 24, 2013. After two months of documentation, it was certified by the deputy mamlatdar from the land revenue office.

Moreover, even the foreign nationals need RBI and income tax department’s approval before making transfers related to land.

Almost three years to the orders, still not followed

Later, the matter of the illegal sale of land worth crores was condemned by Jalalpore MLA Ramesh Patel. The then Gujarat chief minister ordered the principal secretary of state, Kailashnath, and Navsari district collector, Ardra Agrawal, to initiate a probe into the matter on May 24, 2018.

Following the orders, the Navsari collector reviewed the case as per Gujarat land revenue rule 108 (6). After that, on Jan 30, 2021, the collector denied the transfer of land and declared that it was illegal.

The sale of land involved a Pakistan’s POA and that too without following a lawful procedure, and declared illegal by the collector. Still,  no actions have been taken to date regarding the illegal selling of land.

Why was the sale of land illegal?

As per the law, residents of eight countries— Pakistan, Bangladesh, China, Iran, Afghanistan, Bhutan, Sri Lanka, and Nepal, are not allowed to engage in transfer of land in India.

Moreover, the Reserve Bank of India (RBI) constructed certain guidelines for foreign residents following the Foreign Exchange Management Act, 1999 (FEMA). In which foreign residents have to get permission from the RBI and the income tax department of India.

The above procedure was not followed by Jainab Musa and other land owners involved in the sale of land. The lapse of authority and an apparent scam reflect on this decade-old case of land selling.

People use power of attorney (POA) when they are suffering from illness, working at a distant location, working with the armed forces, serving a prison sentence, etc., to give power to someone else for the management or transfer of immovable assets.

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