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!
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Read K Raheja CEO's detailed rebuttal to this press release.
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2

10th September, 2016, Cuttack: One is puzzled by the accounting treatment for Justice Indrajit Mahanty's Rs 2.5 crore working-capital loan for his hotel, The Triple C. Lakhs of rupees are withdrawn and repaid every month in two SBI loan accounts in the name of "Justice Indrajit Mahanty" and strangely, not in the name of Latest Generation Entertainment Pvt. Ltd., the company that has leased the hotel from him. As a High Court judge, Justice I. Mahanty gets a monthly salary of Rs. 1.35 lakhs, and therefore is liable to pay Income Tax. But repayment of principal plus interest could reduce or eliminate his taxable income. Suppose his tax returns are dodgy, can Income Tax authorities summon his lordship personally for questioning u/s 131 of Income Tax Act, and compel production of his lordship's books of account?

We asked Mr Binoy Gupta, a retired Chief Commissioner of Income Tax (CCA), who holds a Ph.D. in Law. His reply was: "There are no exemptions in any law for any Supreme Court or High Court Judges from any judicial or quasi judicial proceedings. Our department has taken action under the Income Tax Act against them."

We requested Mr Gupta for case studies (with or without the names of the judges) to substantiate his claim of having taken action against judges. His response was: "I can not give any instances today. But I stand by my statement that Judges of the Supreme Court and High Courts have no special status so far the applicability of Income Tax Laws are concerned."

And then Mr Gupta added that bringing a judge to justice is a tough job. He wrote: "If any govt. servant engages himself in business, his department can and does take action. But the procedure for taking action against Judges is far too complex... impeachment which is extremely difficult."

Given the absence of case studies and other details of judges being held accountable by Income Tax authorities, our gut feeling is: IT authorities will never dare to summon his lordship, because (a) they would be in awe of a high court judge, and (b) because the high court has superior jurisdiction over the Income Tax department, and not vice versa. Even if judges do not enjoy de jure immunity from quasi-judicial and administrative authorities, they enjoy de facto immunity. No government official will risk rubbing a high court judge the wrong way by questioning him, even if the law permits him to do so!

Justice Indrajit Mahanty may or may not have broken any laws, but he is definitely in breach of the code of ethics on multiple counts. Must we all act like Gandhi's three monkeys and remain silent?

In return for such unquestioned authority and immunity, judges are expected to keep their affairs transparent and straightforward, by abstaining from business activities. Their income should ideally consist of their salaries, and interest on fixed deposits etc. -- nothing more complicated than that. To quote YK Sabharwal, former Chief Justice of India, who spoke on the Judicial Canon of Ethics, "Almost every public servant is governed by certain basic Code of Conduct which includes expectation that he shall maintain absolute integrity... manage his financial affairs in such a manner that he is always free from indebtedness, and not involve himself in transactions relating to property with persons having official dealings with him." Please note that seeking building permissions, bank loans, hotel licenses, etc. etc. are all transactions with the government, administration and public sector, who all have "official dealings" with a high court judge in his judge-like capacity. Such transactions adulterate the purity of Justice Indrajit Mahanty's judgment.

According to the Restatement of Values of Judicial Life (adopted by Full Bench of Supreme Court on7th May, 1997), "A Judge should not engage directly or indirectly in trade or business, either by himself or in association with any other person. 

And according to the Bangalore Principles of Judicial Conduct, 2002, "A judge shall not only be free from inappropriate connections with, and influence by, the executive and legislative branches of government, but must also appear to a reasonable observer to be free therefrom."

Read all these documents on judicial ethics and in that context, understand the significance of Justice I Mahanty's actions. Justice Indrajit Mahanty may or may not have broken any laws, but he is definitely in breach of ethics on multiple counts.

So, must we all remain silent like Gandhiji's three monkeys? Must we all adopt a policy of See-no-evil, hear-no-evil, speak-no-evil when it comes to judges? Must the adulteration of our judicial services be allowed to continue under cover of a conspiracy of silence?

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1

As I write this post, Indian Digital rights activists are watching in horror as "ethical hacker" Ankit Fadia has been declared the brand ambassador of Digital India. As Twitter goes nuts trying to show how big a "blunder" this is, perhaps it is time to realize that it is not a blunder. It is a deliberate stupidification of India with deliberate installations of mirrors of Modi's will rather than independent intellectuals.

Deliberate incompetence is the hallmark of appointments by Modi sarkar and they happen too often to be considered mistakes. From Smriti Irani, who faked her own education credentials handling National Education to Ankit Fadia, a self proclaimed ethical hacker no professional respects is only the tip of the iceberg that had started showing up right from Modi's election campaign.

Kirron Kher, contesting from Chandigarh in the Lok Sabha Elections had candidly admitted in an interview to the Indian Express, "I am not a politician. I do not see myself as politician. I see myself as somebody who is working for my city and fought (elections) to get one more seat to (Narendra) Modi ji. That is how see myself. I did not ask for the ticket. It was given to me and now I am here." Contesting against a 4 time MP Pawan Bansal of the Congress and Gul Panag of the Aam Aadmi Party, the candidature of Kirron Kher had been met with black flags by BJP workers themselves in Chandigarh. She won.

From Modi's holograms being projected nationwide to sidelining of senior leaders, Modi is clearly a man not interested in the contributions of others, even as he accepts their necessity. The Supreme Court rapped the Women and Child Ministry for the delay in filling vacancies in the National Commission for the Protection of Child Rights, but the reason turned out to be the PMO not clearing their appointments.

But if we see the appointments being made, there is little reason for cheer. Amartya Sen resigned in protest citing unprecedented interference in academics from the government. I do not see him as a leftist, but I am aware the supporters of the present government do. Yet we now have students of the FTII protesting as well. Surely the case cannot be that Modi lacks supporters among excellent actors that he settled for Gajendra Chauhan to avoid dealing with a "secular" (as his current whine in foreign countries goes)?

In a scathing piece on the rise of "anti-intellectualism" under the present government, Rishi Majumder identifies the common thread behind persistent absurd appointments as "The lack of a strong, distinct, individual vision for what they want to achieve with their charges." even as they are good managers. I see it as the appointees being conduits for a vision dictated from sources out of public scrutiny. Mirrors, mirrors everywhere, readily reflecting someone's will.

But there is more. It is a deliberate flaunting of unchecked stupidification in an obscene carnage of an intellectual India. The word "intellectual" itself has been turned into a slur by the supporters of this regime. The message is clear. "We do not want your fancy theories. We want the freedom to define scholarship however we wish." The trend is far reaching and flaunted at the most trivial of opportunities. Of all the journalists in the world, Modi chose Fareed Zakaria to give his first interview. Till then, Farid Zakaria's biggest attention puller was when his articles got pulled down for plagiarism.

Smriti Irani got rewarded for her loyalty and robust defense of Modi.  Fine. But it is not just that. What she was entrusted with was something she had been discredited for. It is not about less qualified politicians. Faking qualifications on an election affidavit is an act that declares that her qualifications felt inadequate to her own eyes. She could have been rewarded in many other ways, but she now she handles the nation's education. Something she has been established as inadequate about.

It is not merely loyalty. Modi's supporters include several senior journalists as well, but would someone like say, Kanchan Gupta accept being told what he could ask and what he couldn't? In addition to showing critics that they cannot stop him, no matter what he does, Modi's choices of people are also a statement of what behavior among supporters will get rewarded. Modi does not want independent thinking even among his supporters. Kanchan Gupta and Subramanian Swamy - two of the most independent thinking right wing thinkers are conspicuously free of responsibility, even as jokes circulate about Advani in the margadarshak mandal. The three countries Ajit Doval (who had been caught with Chota Rajan'sgangster) took an interest in, bombed in terms of foreign policy. As we speak, freaking "Hindu" Nepal has people outraging against India. It does not seem to matter to anyone. Baba Ramdev is selling churans to cure dengue and collaborating with the Defense Research and Development Organization - toward what purpose is anyone's guess.

Modi himself seems to take absurd speech to greater heights when he talks of Ganesha's head being an evidence of plastic surgery being practiced in ancient India. Not even transplants, mind you. Plastic surgery. While speaking of a super elite hospital helping improve healthcare for the masses in India, like the 32-rupees people would be lining up to pay over a thousand rupees to even be seen as an outpatient in this miracle hospital. Let there be no doubt that not even an effort to sound rational was made.

At a time when Modi has the biggest organized support among all public figures on the internet, at a time when he launches an average of two websites a month, at a time when a large part of his election victory was due to towering ethical and unethical efforts online, it is absurd to imagine that he does not have anyone to be a better brand ambassador for Digital India than Ankit Fadia - who is not respected by anyone other than abject ignorant newbies to coding. As far as appointing for incompetence goes, Ankit Fadia would rank as his second most spectacular appointment (the first being Smriti Irani, of course), because for anyone who has even passable knowledge of the subjects Ankit Fadia writes about, his name has become synonymous with plagiarism. A superstar script kiddie with dubious claims to fame. But he has the one thing Rishi Majumder had identified as a prerequisite. There is no evidence of Ankit Fadia even wanting to learn as long as he can sell his books and meaningless certificates.

Modi sarkar does not care that it reflects idolizing of incompetence on issues crucial to the nation. It does not need to care about public opinion for another 3.5 years. In a world where policies useful to cronies must be pushed unhindered, intelligent people slow things down with their questions. Even when they support. Unthinking and efficient people doing as told is what makes selling the country out from under people's feet possible. Meticulously following the government's stand, and unperturbed, supporting the government's opposite stand as well, when criticism forces a U-Turn.

 

The message to supporters is even clearer than it is to critics. I want your support, not your brain. If you want your reward, this is your key.

 

8

Below is an email by one Rajeev Bajwa to Arvind Kejriwal and Pankaj Gupta (dated March 30, 2015) complaining of irregularities in donated funds. Aam Aadmi Party should act on this person's request and take appropriate action. This email has been leaked by a dissenting volunteer of AAP.

Hello Arvind ji & Pankaj ji,

My name is Rajeev Bajwa and I am AAP supporter from day one and one of the leading Donors from New Zealand and also one of three POC's of New Zealand.

I am writing in regards to the CASH DONATIONS (Rs. 49000.00) deposited on dated 06/05/2014 into the personal account of Ms. Preety Mehra's ICICI Noida Branch (Receipt attached)

BACKGROUND / OVERVIEW :

During Lok Sabha (PUNJAB) Elections May 2014 - S. Kaharg Sing Sidhu ji's took initiative and made an efforts to do a fund raiser night for AAP and we raised 10 lac of Donations on that night.

Out of these collected Donations;

8 Lac out of 10 lacs raised by sidhu ji was transferred via Girish Mailar's Indian passport - this caused us some trouble - We received many complaints from other volunteers that Girish has accepted all thanks and credits on his individual name and projected him self as he has donated this from his own pocket where as donations were collected in a fund raiser dinner - Resultant marked "?" on Girish's integrity amongst all other volunteers in NZ.

2 Lacs were transferred via my own Indian Passport - I declared every single rupee of that on social media giving all the due credit to all volunteers & donors especially Sidhu ji.

Couple of days before Varanasi elections Girish contacted me and asked to arrange an urgent funds transfer of Rs.100,000.00 into Preety Mehra's PERSONAL account held at ICICI Noida Branch.

When I asked reason that why we can not donate directly into AAP official account then Girish insisted me not to transfer into official AAP account because volunteers are not getting any funds in Varanasi and they are desperate for financial support and Girish assured & confirmed that it is coming from reliable source which includes Shalini Gupta, Prayas Chaudhary, Vijay Sirohi.

Girish further assured me & Sidhu ji that a proper official AAP donation receipt will be provided.

I discussed this matter with S. Kharag Singh Sidhu (2nd AAP POC of NZ in Auckland)

Considering the critical situation and as explained by Girish that the request is coming from reliable AAP volunteers we decided to go ahead however I decided to ring Pankaj Gupta ji for clarification on this.

I called Pankaj Gupta ji's personal mobile - Pankaj ji was very busy and asked me to call one his assistant.

I spoke to Pankaj ji's assistant and I was told that it is NOT allowed to donate in ANY of the volunteers personal accounts and I was asked to provide names of those volunteers if someone is asking to transfer funds into their personal accounts.

I further raised this feedback with Girish & Sidhu ji that it is NOT officially recommended and is a BIG NO NO.

Girish then contacted these volunteers and provided their phone numbers in India, I spoke to Anurag, he said he is in Varanasi with Varun Gupta and they are 20 -30 people and they ran out of funds and do not have any support from AAP at that stage and they desperately need cash to arrange food for volunteers.

He also promised to send us photos of current location and scenario once they get a chance.

After considering all this and thinking we need to take risk, we (Sidhu ji, Myself) agreed to Girish's request to send them money. Girish further insisted that they need money immediately so I had to call my Father in India (Hoshiarpur) to deposit Rs. 100,000.00 into the personal account of Preety Mehra (wife of Varun Gupta - Seattle USA) held at ICICI Noida branch.

My father was very busy so he had to send one of his employee (Manjit Singh) to deposit cash in Preety's a/c -

To ensure that money has been received by correct person, I tried to contact Anurag & Varun repeatedly on their mobiles but they did not pick up my phone at all. Luckily it was only first installment of Rs.49000.00 out of one lac was deposited. As you can not deposit more that Rs49000.00 cash in one particular day otherwise banks ask for further details of income etc, etc..

Later after raising this matter further with Girish, I was given an online meeting details on fuse so that I can clarify if I want to clarify this matter further but I never received any official donation receipt or any photos from Varanasi as promised by Varun Gupta & Anurag over the phone.

After two days of chase I received a wahts up message that Rs. 49000.00 were received into Preety's account.

Till date Varun Gupta failed to make ANY effort to clarify this unaccounted donation received by him rather it seems to me that he is avoiding this matter including me personally on all fronts i.e. social media etc.

I may be wrong and my observations may be wrong - I am not trying to judge any ONE person here. All I want to REQUEST you is that please chase this tail so that we can find out if there are any MORE similar anomalies in FUNDS transferred to personal accounts.

Regards,

Rajeev Bajwa

[Note: This email describes a donation clearly made against the advice of AAP leaders. It is also written after the current crisis in AAP emerged and as such, I see this more as a complaint of misdeeds by rogue volunteers/workers than an allegation on the party itself.]

The Indian Express, in collaboration with Le Monde and International Consortium of Investigative Journalists has published a list of a hundred account names (yes, the Ambanis are there) leaked from HSBC bank in Switzerland that have Indian addresses.

Rigid laws protect Swiss banks and the HSBC bought out an existing bank in 1999. In 2007, its IT expert, Hervé Falciani, hacked 30,000 accounts and escaped to France with the data. The data was reconstructed and distributed confidentially around the world by the French Tax Authorities. Read more about this background of misconduct in The Guardian.

Here is the first ten names out of a hundred:

1. UTTAMCHANDANI GOPALDAS WADHUMAL/family $54,573,535

2. MEHTA RIHAN HARSHAD/ family $53,631,788

3. THARANI MAHESH THIKAMDAS $40,615,288

4. GUPTA SHRAVAN $32,398,796

5. KOTHARI BHADRASHYAM HARSHAD/ family $31,555,874

6. SHAUNAK JITENDRA PARIKH/family $30,137,608

7. TANDON SANDEEP $26,838,488

8. AMBANI MUKESH DHIRUBHAI $26,654,991

9. AMBANI ANIL $26,654,991

10. KRISHNA BHAGWAN RAMCHAND $23,853,117

Indian Express recommends related post: HSBC sheltered murky cash linked to dictators, arms dealers

Additionally, I'd like to remind of Cobrapost's expose Operation Red Spider showing HSBC and Standard Chartered banks among banks offering money laundering services.

I have said this before, but it bears repeating. The common man of India does not care much about corruption. They care about what the bottom line is for them. This is exactly how corrupt - even known corrupt politicians keep getting reelected - they do things people find relevant and useful and keep their corruption irrelevant to the immediate interest of their voters.

It would be folly for Aam Aadmi Party to ignore this aspect while being an anti-corruption party.

The common man has little awareness of National Wealth. How much wealth the country has, how it gets used or looted or who loots it are so distant to him, that they might as well not exist or be the same difference either way. It makes little difference to the common man whether an expose happens or the loot continues unabated in terms of direct relevance to their lives - the money is out of their reach anyway. If the corrupt are doing good things, they will ignore the corruption because either way the money won't reach them, and vote on the basis of the interest satisfied.

Exposes alone will fail to "clean" Indian politics.

What Aam Aadmi Party should do as strategy - and I believe that it is also appropriate justice and accountability - is that it must make an effort to accompany every expose with a desired demand for action that is immediately beneficial to the people. For example, an expose of an electricity scam should demand that the losses suffered by people from undue billing should be recovered and refunded to them. This is beyond the actual demand for justice or PIL that gets filed. Perhaps the demand can also be in the PIL.

Exposing the irrigation scam is not enough when people are losing orchards to drought. the expose should be accompanied by a demand for immediate arrangements of water on an emergency basis by the government - on the establishment of the fact that irrigation paid for has not been delivered for a decade - regardless of who is found guilty or prosecuted and so on. When the guilty are found,the amount the government spends can be recovered with interest from their hide, but the aid to the region must not have to wait for projects to complete or cases to be judged. The PIL itself should include a plea for the government to make immediate arrangements and amends on a war footing and the conclusion of the case will decide who ends up paying for it.

Such actions will also pressure the governments to conclude cases faster to recover own funds and will help citizens understand what corruption did to them and what advantage an accountable government can offer them.

When I suggested this on twitter, several people claimed that AAP cannot do such things if it is not elected with majority. This is not true. Many agitations and protests happen through non political channels too! Let alone political channels with some representation and voice at least.Besides, the demand being stated itself will provide people with a vision of possibilities - that wrongs done to them can be repaired to some degree, not merely relegated to the abyss of newsprint while their lives continue to be the same.

As a side bonus, it will also provide AAP with ready data on exactly how many lives their expose improved.

Hope this makes sense.

 

Comment away, make suggestions to improve this, pick at fallacies, whatever.