To,

Mrs. I A Kundan

Additional Municipal Commissioner (Western Suburbs)
To 
CFO,
To 
ACB Mumbai
To
DCP
Kiran Kumar  Chavan

To
DMC
Kiran Achrekar

Sub: A) High Level Corruption in Fire Department, CFO Fails to submit Fire report even after three weeks of fire incident to favor owner of Golden Chariot and fails to initiate prosecution proceeding against the owner of Golden Chariot Restaurant even after incident of Fire taking place on 28th December 2016.

  1. B) CFO had already issued 3 notices to the Golden chariot restaurantfor non compliance of Fire Safety Norms in last three years, but chooses not to take any action due to vested interest risking life of many innocent citizens
  1. C) The MOH and Fire Brigade Department have rejected the application for the trade license of M/s. Golden Chariot Hospitality Service Pvt. Ltd.but the restaurant is ruining and doing business as usual

Respected Sir / Madam

This is a clear case of undue favor given to Golden Chariot Restaurant at Hub Mall, Goregaon East, THE CFO,  MOH B&F department of MCGM and Police fail to take any action after the incident of fire took placed on 28th December 2016,

The Fire department till date has not submitted their report even after three weeks to the police for further investigation and prosecution of filing FIR.

The Fire Department have already issued 3 notices before to the Golden Chariot restaurant for non compliance of fire safety norms before incident of fire took placed on 28th December 2016,

The offences are of serious nature

  1. i) The Fire exit was converted in to cold storage 
  2. ii) The passage leading to Fire exit was encroached and converted into restaurant dining area  

iii) The AHU's and Electric rooms converted into commercial rooms (these are free of FSI loss to the state and violation of FSI norms)

  1. iv) The common ladies toilets were modified and altered without any approval of any authorities into ladies and gents, and were illegally taken in to the restaurant denying access to visitors of the MALL

All the above have lapses and observation have been mentioned in the all the three notices issued time and again

1st Notice the inspection by the fire brigade department of the MCGM. On inspection of the site, the said authority submitted a report dated 16.1.13 to CFO with necessary recommendations and actions to be in initiated. The report clearly directed that the activities of the said restaurant be verified and necessary action be taken.

2nd Notice report dated 19.6.14 to the Dy. CFO which recommends the following actions:

a.) Verification addition/alteration amalgamation, encroachment of fire exit, removal of unauthorized fire exit passage, toilet, loft etc.

b.) To direct the party to keep the necessary no. of fire extinguishers as directed by the said authority.

3rd Notice by MCGM, fire brigade department once again submitted a complaint report dated 14.11.14 to the CFO. The highlights of the observations in the said report are as follows:

  1. a)In the north side landing on the second floor, the staircase landing was partially obstructed by keeping refrigerator and other things by the Golden Chariot restaurant and an unauthorized construction of the steel frame plywood sheet enclosure box of A.C. unit and a steel ladder for access to the loft in encroached area of common passage by the Golden Chariot restaurant.
  2. b)The common toilet block along with its approach passage and way to emergency exit of north side staircase was blocked for public use by illegally encroaching and utilizing it for restaurant activity by Golden chariot Restaurant.
  3. c)The amalgamation of two shops n0. 23 and 24 along with its front common passage was done and merged it in dining area by Golden Chariot Restaurant without taking NOC and sanctioning the plan fromthe Fire Brigade Department.
  4. d)In view of the above circumstance, I have to inform you that the MOH and Fire Brigade Department have rejected the application for the trade license of M/s. Golden Chariot Hospitality Service Pvt. Ltd.

The period to rectify and make necessary changes or to meet the compliance as per law is 120 days after giving the notice, more than 120 days have lapsed and no compliance has been met till date Under Maharashtra Fire Prevention and Life Safety Measure Act, 2006 Rules there is a provision to start prosecution proceedings by lodging FIR regarding non compliance of fire and life safety regulation by competent authority i.e. Mumbai fire Brigade. But Mumbai Fire Brigade failed to take any action reason best known to them or were they were bribed is question that will come to anybody’s mind

There should be departmental Inquiry on the involvement of Fire Brigade staff, P/ South ward MCGM concerned officers and the police officers of vanrai and they should be dealt strictly in accordance with law and should not only be suspended but criminal proceeding should be initiated against them

We would like to draw your attention to Section 10 of the Transfers and Delays Act 21 of 2006/ (64C of the Mumbai Municipal Corporation Act) which mandates that no decision can be kept pending for over 3 months. In the instant case, no action is initiated despite the complaints are made from December 20115, we request to conduct a preliminary enquiry to fix responsibility on the officers responsible for this delay and take appropriate disciplinary action against them. We request that the report of the enquiry may please be sent to us

We further wish to bring to your knowledge certain penal provisions which bring the CFO. MCGM Staff (i.e. MOH, B& F dept.) under the purview:

The Indian Penal Code

IPC 217: Public servant disobeying direction of law with intent to save person from punishment or property from forfeiture

IPC 218: Public servant framing incorrect record or writing with intent to save person from punishment or property from forfei­ture

IPC 218: Intentional omission to apprehend on the part of public servant bound to apprehend.

Thanking you in anticipation of immediate action

Sincerely Yours

Sulaiman Bhimani

President

Citizens Justice Forum

+919323642081

Citizensjusticeforum@gmail.com

Copy of letter to CFO along withNotices attached requesting to take action against Golden chariot restaurant dated13th July 2015.

Copy Of letter to Vanrai Policestation and Asst Commissioner P/South ward to take action against GoldenChariot restaurant, dated 9th Jan 2015.

News Paper coverage

http://indianexpress.com/article/cities/mumbai/mumbai-hub-mall-fire-brings-to-fore-irregularities-4449627/

http://www.mid-day.com/articles/mumbai-fire-in-goregaons-hub-mall-no-one-hurt/17867174

http://www.afternoondc.in/city-news/not-so-golden-this-chariot/article_184619

iot

Mumbai, 13th January, 2017: K Raheja Constructions got away with lots of violations in their Horizon Green project in Borivali East. They succeeded in procuring Drainage Completion Certificate (DCC) and Occupation Certificate (OC) in early 2015 without actually constructing drainage. To hoodwink potential flat-buyers and early-bird occupants and emboldened by BMC officials’ complicity, the Rahejas tried to secretly dig a soak-pit in December 2015. The plan was to cover up the lack of a sewage connection by channeling the sludge into a soak pit and pumping it out every month. But this plan backfired when residents of the neighbouring building alerted BMC, who slapped a stop-work notice. But the Rahejas defied the stop work orders, continued the work and completed the soak-pit. So MCGM lodged a police complaint and got an FIR registered against the Rahejas.
Illegal soak pit of Horizon Green building under construction in December 2015
  • Click here for PHOTOS of Horizon Green’s soak pit.
  • Click here for PHOTOS of work in progress, defying stop work notice.
  • Click here for VIDEO of Horizon Green’s soak pit being dug late at night.
MCGM's Stop Work Notice.
Drainage is Horizon Green’s Achilles' heel, because of the building's awkward location on a slope. This project is basically built by over-exploiting the FSI of the existing “Raheja Green” layout plan, and because of this, the building suffers from major shortcomings, including lack of recreation ground, shortage of sufficient parking and mandatory open spaces, and, last but not least, huge hurdles in drainage disposal. Between 2006 and 2015, many mutually-contradictory drainage plans proposed by Rahejas were approved by BMC officials without verifying whether the hilly terrain and existing drainage lines supported these plans. The sewagedirections drastically changed no less than five times. In 2010, 2012 and 2015, the Rahejas planned three different uphill routes for drainage and the BMC officials blindly nodded!
The Rahejas claim that DCC issued in Feb 2015 was for joining the sewage into common drainage of the private layout downhill as against a proposal for flowing the drainage directly uphill and out of the layout, submitted in 2012.
The drainage lines finally laid in December 2015 went uphill to the adjoining DP road (shown below), and joined a municipal sewer outside the neighbouring TCS office building. But this sewage connection (which is not shown in any proposed or approved plan) isn't working because of improper gradient.
The site on the DP road where Horizon Green's drainage was connected to municipal sewage. Improper gradient prevents Horizon Green's water and sludge from flowing into the municipal sewer.
So the Rahejas built a soak-pit to disguise Horizon Green’s lack of proper sewage, in order to sell the flats to unwary buyers.
Although the cover-up failed and the scam is out in the open, a few buyers have already become bakras. They are angry and may soon look for legal remedies against the builder. Indeed, the newly enacted Real Estate Regulatory Authority (RERA) may prove to be the most appropriate forum for challenging Horizon Green’s fraudulently-acquired Occupation Certificate and seeking compensation.
ISSUED IN PUBLIC INTEREST BY
Krishnaraj Rao
9821588114
krish.kkphoto@gmail.comPOSTED IN PUBLIC INTEREST BY
Sulaiman Bhimani
9323642081
citizensjusticeforum@gmail.com Also read: FIR filed against K Raheja builder: Horizon Green Borivali has invalid OC and Fak

BUJ condemns HT Media's decision to shut down 6 editions

The Brihanmumbai Union of Journalists (BUJ) strongly condemns the illegal decision of HT Media Ltd to shut down six editions of Hindustan Times (HT) at Bhopal, Indore, Ranchi, Kanpur, Allahabad and Varanasi with effect from 09 January 2017.

The closing down of six editions at one go is an unprecedented event in the history of Indian print media and has clearly been done to circumvent the implementation of the Majithia Wage Board Award which was upheld by the Supreme Court by its judgment dated 07 February 2014.

Apart from closing down six editions, HT Media Ltd is also illegally "pruning" staff in various departments as well as in The Mint, a sister publication from the Group and has shut down the business bureaus in Mumbai and Delhi, besides the bureau in Kolkata. Hundreds of journalists are likely to lose their jobs as a consequence of these malicious and illegal decisions.

HT Media Ltd, a BSE listed entity, with a yearly turnover of over Rs 2000 crore has not implemented the Award in any of its units and has forced employees to submit undertakings under Clause 20(j) of the Award to renounce the benefits under it.

The Company has also failed to implement Clause 9(b) of the Award which entitles even those working on contract basis to receive Variable Pay at the rate of 30 per cent of basic scale.

Section 16-A of The Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 (45 of 1955) expressly prohibits a newspaper establishment from dismissing, discharging or retrenching any newspaper employee by reason of its liability for payment of wages under the Award.

Further, the Hon'ble Supreme Court is currently hearing a bunch of Contempt petitions filed against various newspaper establish managements and was all set to hear arguments on several legal issues including an interpretation of Clause 20 (j) of the Award.

It is astonishing that a hugely profitable company like HT Media Ltd (whose third quarter of Calendar 2016 earnings stood at Rs 602.23 crore) has chosen to illegally close down six editions of Hindustan Times and sack several other journalists working in various bureaus rather than implement the Majithia Wage Board Award.

Furthermore, the Company's official website has projected a total revenue of Rs 662.40 crore, in Q1FY2017, which constitutes an increase of 7.5 per cent over the corresponding quarter of the previous year. It also maintains a strong balance sheet position with a net cash of Rs 823.40 crore.

The BUJ demands that the management of HT Media Ltd should immediately revoke its decisions to shut down six editions and sack journalists in various bureaus, failing which it will draw the attention of the Honorable Supreme Court to these developments in the hearing slated for 10 January 2017.

BRIHANMUMBAI UNION OF JOURNALISTS

23-24-25, Prospect Chambers Annexe, D.N.Road, MUMBAI - 400 001

Phone: 022-22816671

Horizon Green (Borivali East) has invalid OC and Inadequate Drainage built without authorization

Mumbai, 26th December, 2016: Mumbai Police recently filed FIR against K Raheja's Palm Grove Beach Hotels Pvt Ltd.Reason? Violation of Town Planning Act by unauthorized construction of a drainage line in November-December 2015.Many months earlier, Palm Grove misled MCGM into giving Drainage Completion Certificate and  Occupation Certificate(OC) for their new building Horizon Green without drainage. To make up the lacuna, the developer belatedly built a drainage line going uphill. That's right, uphill!
The Deputy Municipal Commissioner's remarked on 5th January, 2016, "Validity of issue of occupation certificate dated on 18.4.2015 is doubtful".  If any flat-owners take possession and come to stay in their flats, they are in for a rude shock.When they start having baths and flushing toilets in sufficient numbers, their sewage will overflow.
See level difference in two blue circles in this drainage plan
Near the building, the drainage is 102.926 metres above mean sea level. Further down the line, the level is 105.862 metres – three metres higher, i.e. up the hill. The explanation given by K Raheja's CEO, M D Chande, is that "adequate slope is available between the last chamber in the building and the manhole on Municipal road to which the line is connected is confirmed by emptying water tanker in the last chamber in the presence of municipal staff." However, Mr Chande steadfastly refuses to back his claims with any figures i.e. metres above sea level, degree of slope, etc. Home buyers should remember that a slope of one foot per ten feet of length is needed for sewage sludge to flow; otherwise silting, stagnationand overflow are bound to happen.
Mr Chande alleges that as their neighbours deliberately blocked the old drainage line, he was forced to build the new uphill drainage.
Mr Chande claims that MCGM's Assistant Engineer - Maintenance gave NOC dated 20th November 2015 for the uphill drainage line without requiring the builder to submit any plans or diagrams.
"Why seek NOC from Maintenance department? Why not Building Proposal department?" we asked Mr Chande. His reply was that after giving OC, Building Proposal has no further jurisdiction. So he was forced to approach Maintenance Department. But  MCGM disregarded the Maintenance Department NOC and issued instructions to prosecute Palm Grove Beach Hotels for "unauthorized lying of sewer pipeline and drainage work". Read MCGM's Designated Officer's sanctionto prosecute.
DMC's remarks
MCGM's Deputy Municipal Commissioner wrote an office memo in January 2016, titled "Full Occupation Certificate issued... without completing all necessary works in the building". The DMC wrote: "It is reported that Building Proposal Department have given full Occupation Certificate to Building No. 6 on 18.4.2015... It is seen that now developer has started the work of laying drainage line. Designated Officer R/Central Ward had issued stop work notice on 9.12.2015... This clearly shows that before issue of occupation certificate, the drainage work was not completed." See the screenshot below.
The DMC's memo can be read at: http://bit.ly/KRaheja2
Catching small fish & setting the big ones free

The Assistant Police Inspector's statement prior to FIR mentions the mukadam Ramesh Kishan More, "Manager" Mr Chande and supervisor Virendra Dube. Read the statement: http://bit.ly/KRaheja4
As always, even while filing an FIR, the authorities catch unimportant minions and let the bosses go free. So, who were the persons named in the FIR? Not the directors of Palm Grove Beach Hotels and note even theproject's architect. At first, FIR was registered against Mr Chande and Mr Virendra Dube, a site supervisor working on contract basis. Here's the screenshot.

Later, the FIR was further diluted by removal of Mr Chande's name with white ink, and its replacement with Mr Dube's name, evidently because they represented to MCGM that Mr Chande, CEO, is "not concerned in this matter". So Mr Dube's name is mentioned twice in the same sentence. See the screenshot below:
So the blame for this multi-crore rupee fraud is being pinned only on a site supervisor who has zero discretionary powers and only follows orders. One is reminded of Justice S J Kathawalla's recent reprimand to EOW in a case concerning a builder... someone drags Palm Grove before Justice Kathawalla!
ISSUED IN PUBLIC INTEREST BY
Krishnaraj Rao
9821588114
krish.kkphoto@gmail.com
Read K Raheja CEO's detailed rebuttal to this press release.
POSTED IN PUBLIC INTEREST BY
Sulaiman Bhimani
9323642081

Friday, 9 December 2016

Delayed Ekta Parksville: Builder offers full refund plus 9% interest

Mumbai, 9th December 2016: Vineet Malik, a flat-buyer in Ekta Parksville aggrieved by the interminable delay in project completion and occupation certificate, received a pleasant surprise a couple of days ago. Ekta Parksville Homes Pvt Ltd sent him a letter that agreed to cancel the deal and refund the entire amount paid by him – Rs 25.24 lakhs – and additionally, interest of 9%. The total amount that Ekta World offered to pay is Rs 34.57 lakhs.
This letter was received in the wake of patient exchange of correspondence and meetings by Vineet Malik with CMD Ashok Mohanani, plus mainstream media and social media coverage (especially our blog) and also my and Sulaiman Bhimani's meeting and negotiation with the builder's men on Vineet Malik's behalf.
Ekta World's letter dated 3rd December 2016 proposed interest payment of Rs 9.32 lakhs to Vineet Malik.
At first, this seemed like an extremely generous offer, and any aggrieved buyer should be thrilled by this success! But let us examine the issue a bit more closely. After a delay of more than three years (and counting) in delivering the agreed flat in the Virar project, Ekta World is, "as a goodwill gesture" agreeing to pay back the paid amount plus 9% interest. This rate of interest is no more than what he would have had to pay for a project loan.
On the other hand, what is the penalty and interest that the buyer would have to pay Ekta World if he had slipped up in paying up his installments on time? Read this excerpt from the one-sided Registered Agreement.
The agreement states Ekta World can terminate the contract after giving the helpless buyer only seven days notice, if he slipped up in paying even one installment! Not only that, he would further forfeit 20% of the total consideration i.e. Rs 5.2 lakhs. Read this excerpt from the agreement.
Further, in case the builder chose not to terminate the contract unilaterally, the interest payable by the buyer for the delayed payment would be 24%. Read this excerpt.
So, 24% interest from buyer, 9% interest from builder. Does that sound fair? Vineet Malik doesn't think so.
Therefore, this feisty investor is turning down Ekta World's generous offer of interest of Rs 9.32 lakhs for five years. He will continue fighting for his just and equitable dues i.e. 24% interest on the refunded amount.
Issued in Public Interest by
Krishnaraj Rao
9821588114
krish.kkphoto@gmail.com
Posted By
Sulaiman Bhilani
9323642081