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

11

The following is a first person account by Md Hasanujjaman, M Phil in English, University of Hyderabad of the brutality unleashed by the police against the students and faculty of University of Hyderabad.

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VC Apparao resumes office at the face of the report of the two-member fact finding committee that stated the university should have handled the incident more “sensitively” -

I am one of the arrested students in connection with the protest against the VC of UoH. I belong to a minority community of West Bengal. My family is financially backward. Here I would like to narrate the police brutality on me and my fellowvictims in police van on the way from UoH to Miyapur Police Station on 22nd March. Before coming to UoH I was naive about the problems in the society. I had no idea of the pathetic and dehumanized condition of the dalits and the adivasis. I was hardly aware of the dangerous consequences of caste system in the Indian society. But coming to UoH I began to understand the real picture of the caste system which leads to utter discrimination and dehumanization of the dalits. I saw that this caste system makes the lives of the dalits extremely miserable. Realizing my responsibility as an independent and right thinking citizen of this country I found that the caste system is a tool of dehumanization and therefore it must be annihilated. I stood against this discrimination of the caste system and thus, I aligned with the movement which Rohith Vemula was part of.

Rohith Vemula being a dalit, was institutionally discriminated and forced to take his own life. The ‘Vice Chancellor prof Appa Rao Podile’ directly perpetrated in the institutional social boycott against the five dalit students including Rohith. Following the suicide of Rohith, the VC was booked under the SC/ST Prevention of Atrocities Act according to whose provision the accused must have been arrested within 24 hours from the lodging of FIR. However the FIR was lodged on 18th January, 2016 and till date he has not been arrested. This is a gross violation of the constitutional provision. Instead he returned to the university and attempted to illegally reclaim his ‘vice chancellorship’ on the 22nd March, early morning.

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Central Reserve Police Force (CRPF) and other security personnel unleashed brutal physical and sexual assault on students and teachers protesting against VC resuming office for Justice for Rohith

On the same day that is on 22nd March I went to attend a PreSubmission Seminar in the department of English, School of Humanities, at exactly around 2.00pm. Coming out of the department at around 3.00pm I saw that the peacefully protesting women and men teacher and students were being dragged and beaten up mercilessly by the police. The police were chasing and lathicharging on the protesters indiscriminately. It was obnoxious to see that the protesters are beaten up for raising voice against the injustice. It was a day of police violence on the democratic and peaceful protesters. I saw one student losing his sense and was rushed to a hospital. Many students got their clothes torn due to the brutal manhandle and lathicharge. But it was most painful to see that the women students and teachers being mercilessly beaten up by the police. They were thrashed on their private parts. I also witnessed female teachers being manhandled/molested by the police. It was a violation of women's rights as the women students and teachers were molested by the male police. Dr Tathagata Sengupta, an assistant professor of Mathematics was beaten up too.

It was a threatening moment in my life. I never saw such police violence in front of my eyes. I could not restrain myself from speaking against the police and as a result I was the next to be victimized. However, the police brutality actually began when one teacher, one film maker and the sixteen students including me were chased and dragged into a police van. I was standing near the ‘Goodwill canteen’ which is around 250 meter away from the VC`s lodge where the protests were happening. Standing there itself I could see students and teacher being dragged into the police van. But I never thought that I would also be a victim of the police brutality. Suddenly, one police chased me and caught the collar of my shirt. I pleaded not to apprehend me as I did not commit any crime except the fact that I stood for the Justice for Rohith and supported the students’ movement for justice. I feel that I was targeted because I questioned the police on their face that why Rohith did not get justice even after more than three months; why the accused for Rohith's murder has not been punished; on what ground the VC has come to take charge of the university. Instead I was beaten up and thrashed hard and pushed into the police van.

This inhuman and brutal torture continued on all of us for around 50 minutes on the way from UoH to the Miyapur Police Station. Dragging me into the van the police forcefully pushed me down into a corner seat. Before getting hit I quickly looked at a fellow victim Subhadeep Kumar and asked him what might happen to me as for the first time my life I got into a police van. He assured me that nothing will happen as I did not commit anything wrong. I could not turn my face to have a look at the rest of the victim in the van. Again the police hit me on shoulder. I pleaded not to hit me but the police pulled my hair and punched me hard on my back. Another police hurried at me snatched my mobile and spectacle. But when I pleaded to give me back the spectacle as I have serious eye problem, the police boxed on my right eye saying that why despite being visually challenged did I spoke against the police. Whenever I tried to look at my fellow companions who were beaten up black and blue, the police hit me and cowed me down not to raise my head again. I heard my fellow friends shrieking in pain as they were mercilessly thrashed and hit. Those who had beard and looked liked ‘Muslims’ were beaten up specifically as the police suspended them to ‘like’ terrorists. The sounds of slapping and hitting still haunt my mind and I feel the pain. Professor K Y Ratnam was also a victim of the police brutality. A filmmaker, Moses Abhilash too was unlucky to be a victim of the brutality. Abhilash was just shooting the videos of police lathicharge which the police did not want the public to see. The police beatings left wounds on my body. When I requested for water they gave me the water only to be ready to get beaten up again. The physical assault was extremely systematic and cruel. At that moment I doubted whether I was at all a human being. While beating up, the police also unleashed verbal abuse on all of us at extreme level. During the journey of police brutality from the UoH to Miyapur P. S., the police were continuously abusing us with the most vulgar and objectionable language. “M***d, b**d, chu**a, bho**ke” and etc were the common words they were throwing at us. They called us Pakistani ISI agents and alleged that we are spending Indian money and supporting Pakistan and threatened us to send us to Pakistan. They called us antinational alleging that we are conducting “beef festival”, “kiss of love” events on “Afzal Guru’, “Yakub Memon’. They said that they were taking revenge on us for their hard work on duty. They also assaulted our departed friend Rohith Vemula saying that he was a ‘bastard’, ‘spoiled child’ and people are unnecessarily paying attention to his death. They used extremely antiwomen, derogatory, and sexist comments. They said that they would rape our mothers and sisters and also they vowed to bring them here and take their naked videos. They also threatened to do the same with our women friends in the university. Hearing these comments I feel that the safety of the women is at great risk and I also feel that the posting of police poses direct threat to women teachers, students and workers in the campus. Their comments and attitudes were dangerous as far as the safety and security of women is concerned at large in the society. It is appalling to think what the police remarked against the women.

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The language police used against women protestors : "Tu kahaan ki rehne wali hai? Itti kaali hai! Aa tere ku sabak sikhata hoon! (Where are you from? You are so dark. Let me teach you a lesson)"

After brutal torture in the police van we were subjected to harassment in Miyapur P. S. After reaching there at Miyapur we all of us were made to sit on a dirty and spaceless corridor. The police humiliated us by making our respected teacher Prof K Y Ratnam sit on the same dirty floor. The police lectured us about moral and ethical correctness. They behaved with us very rudely while taking our detail information and pictures. On asking about our release the police told us that everything is in hand of their “BIG BOSSES” and they also said that the Gachibowli police have already decided our fate. We were kept awake throughout the night by putting light on in front of eyes and playing songs and videos. When we requested to let us sleep they laughed at us. The next day, a Subinspector of Miyapur P.S. called me for interrogation and he took all my information in detail including my family, relatives’ information. He also took the photos of my PAN, Aadhaar and university ID cards. He also took the phone numbers of my relatives checking my mobile. He abused me very badly and threatened me that in future if something happened in the university, I will be a target even if I do not commit any crime.

Thereafter we were secretly taken to Balanagar Police Station where we were again harassed both physically as well as mentally. The police made us sit in a dirty and suffocating room. Professor Ratnam was again humiliated by making him sit at the feet of the police who was sitting on a chair and giving us pedantic lecture on nationalism and education as to how we should develop our society. This is the same subinspector of Miyapur P.S. who abused me in vulgar language and giggled his teeth and lied to me when I asked him where we were taken to. He also mocked at me by calling me “team leader” and “mastermind”. I don't know his motive for calling such things. But I am apprehensive of my Muslim identity as he was targeting me. I was also not allowed to inform my worried family or friends about my whereabouts.
From Balanagar P.S. we were taken to ‘Government Area Hospital’ secretly. We were shocked to know that we were taken to a hospital. I had wounds and pain caused by the police brutality the previous day. But I had no reason to expect any medical treatment. In the hospital I was forced to stand in the queue for treatment. The doctor gave me “fit to be produced at court” certificate despite my critical health condition. I also saw Professor K Y Ratnam`s Blood Pressure reading to touch around 220 mark in the BP machine. After the “treatment” the Gachibowli CI J. Ramesh forced me to sign the arrest papers at around 9.00 pm on 23 March whereas actually I was arrested by the police at 5.30pm on 22 March. When I tried to raise objection the Gachibowli CI J.Ramesh threatened me that not signing the arrest papers would amount to additional cases against me. I was denied any interaction with any legal expert on these serious issues. When I politely asked him “Sir, my career would be shattered if my future is tarnished by filing cases against me”, he aggressively threatened me saying “shut your mouth up otherwise I will file more cases against you”. I do not know how to express the fear generated in me by J Ramesh. After medically certifying me “fit to be produced at court” I was again confined in the police van. It was suffocating and scorching hot. I requested the police to let me stand out of the van until it moves. But the police as usual again threatened us. I was very hungry as I did not get anything to eat throughout the day. The police did not bother to hear any of my problems. Then I was taken to the honourable Magistrate at around 11.40 pm. But the Gachibowli police Naveen and Bhupathi did not allow me to appear at the honourable Magistrate to narrate my suffering and wooes. At the Magistrate's order I was sent to Cherlapally Central Prison. Coming to the prison my health further deteriorated. I called a prison physician for treatment. He gave me a general painkiller injection and some medicine for the wounds and pain caused by the police on 22 March. But he did not give me any proper health treatment as I needed the most. It still pains me to remember that in prison the doctor was not allowed inside and therefore, I had to take an injection through the window. I also failed to have an eye check as 22 March as the police hit me on my right eye. The police action threatened my life and also the hopes of my family. I feel helpless, hopeless and unsafe. The police filed false cases against me and others with the deliberate intention to destroy our future and our lives. The police terrorized us throughout the first 33 hours to ensure that we do not again protest against the government and its agencies. They kept us saying that we should only study and not get involved in politics. They wanted to create a fear in us so that before protesting we will remember the trauma of the police brutality. This poignant memory will always be haunting my life.
Md Hasanujjaman
M Phil in English,
University of Hyderabad

2

Mumbai, 8th February, 2016, Mumbai: So what is going on with RNA Builders? Back in December 2013, those who had purchased flats in RNA Grande, Kandivali West, must have been quite impressed by this notice issued by RNA Universal, signed by Anil Aggarwal himself, proclaiming that flat buyers would be given possession for interior decoration and furniture work in October 2014, subject to force majeure. The passing away of Anil Aggarwal in May 2014 from the complications of bariatric surgery must indeed have been a “force majeure”, because the project is very far from complete, and hundreds of flat purchasers have become “Project Affected People”. It's an old story; shit happens, and it keeps happening in Mumbai. 

So, is RNA Corp the victim of a financial crisis? Or is it a willful defaulter and habitual truant? This auction notice says that RNA Corporate Park owes State Bank of India Rs 61.50 crore, and to realize this amount, parcels of land in Palghar district owned by RNA Corp Pvt. Ltd. will be auctioned. (If you have super-deep pockets and wish to bid in the auction, 23rd February 2016 is the last date for submitting your request letter of participation). But knowledgeable insiders think that SBI has joined the long list of RNA Corp's victims, because the land being auctioned is barely worth even Rs 40 crore, and so Anil's sons Anubhav and Gokul Aggarwal are saving over Rs 21 crore by being willful defaulters and letting the bank take a hit. Anil Aggarwal was a dab hand at fooling the government and the public, and he will now be laughing from the grave as his sons follow in his footsteps, they allege. It certainly looks like they could be right!

The art of selling an 18th floor flat in a 16-storey building is certainly something that the Aggarwals seem to excel at. Even Chief Minister Devendra Fadnavis isn't surprised! In October 2015, RNA Corp spent crores on this front-page cover advert in prominent national dailies, showing their closeness to the Maharashtra Chief Minister and the Mira Bhayendar politicos. Barely three months later, in January 2016, the land-grabbing by RNA in Mira-Bhayendar was discovered, and a Stop Work Notice was issued by the District Collector. But did the Chief Minister blush? Nope, he didn't bat an eyelid! Fadnavis must have been thinking, “The Aggarwals made a fool of me, so what's new? It's all right, business-as-usual, because they have been making fools of Maharashtra government for a long time”.

It is indeed a fact of life that the late Anil Aggarwal has frequently given the babaji-ka-thullu to the administration in Maharashtra, and in return, they have kept giving him fresh lifelines. Many powerful people keep raising their voices against RNA, to no avail. A lesser business group would have fled in shame from the construction industry, but RNA Corp and its group companies just keep marching on. Hats off to them!

Some instances of when people and authorities pinpointed RNA's misdoings:

  1. Dr. Bharati Lavekar, BJP MLA from Versova, wrote this letter to CM Fadnavis last week, requesting him to cancel the agreement of Aram Nagar redevelopment project awarded to RNA by MHADA. She wrote that the tenants of Aram Nagar were kept in dark and the project would only benefit only RNA, and not tenants. The CM noted in red ink on the letter that VP MHADA should stay the redevelopment process and examine the issues.

  2. “The SRA scheme was initiated by the government to give a better quality of life to slumdwellers by moving them into well-constructed buildings. But the developer has taken undue advantage of this scheme for the last 12 years and is causing harassment to the Project Affected Persons (PAPs),” wrote Rajya Sabha MP Ramdas Athawale in this letter to Fadnavis in February 2015. In this letter, Athawale complained that although RNA builders had undertaken the redevelopment of Parishram SRA Cooperative Housing Society in Bandra East in 2002, it had completely stopped the construction work for the last two years, stopped paying rent to the displaced persons, and bounced the cheques issued to them. Although RNA was granted Commencement Certificate (CC) in 2004, it delayed construction by continually changing the plans of the sale-component for its undue advantage. As per a CAG report and as per the SRA Act, appropriate action has to be taken against the developer, Athawale said. After the demise of Anil Agarwal, his company was required to submit fresh Annexure-3 (financial capability report), or the developer should be changed by SRA, Athawale pointed out. “The developer has constructed A1 and A2 buildings in which the height of the individual flats is less than 8 ft 3 inches. The developer was given notice to demolish the same. After that, the same buildings were regularized.” said Athawale, pointing out the collusion of the administration with Anil Aggarwal. “The developer has illegally incorporated into his project the areas occupied by shop owners who are not within the scope of the SRA scheme. Also, he has illegally incorporated open plot of market admeasuring 2300 sq. metres. The developer has included 56 bogus Project Affected Persons (PAPs) supported by bogus documents. For the last 10 years, many people were accommodated in the transit camp, in individual units admeasuring around 100 square feet, forcing the families to live in cramped conditions and raising the probability of accidents. An FIR was registered against the builders for various MRTP violations. The offences were explained in a letter to the then Chief Minister Ashok Chavan by project affected persons

     

  3. Bombay High Court passed an order against GA Builders, an RNA group entity, on 21st September 2015 for not paying rent to tenants and not getting Occupation Certificate (OC). GA Builders Pvt. Ltd. is owned by Gokul Anilkumar Aggarwal, Anubhav Anilkumar Aggarwal and Saranga Anil Aggarwal. The order in “Manjula S. Chauhan V/s. GA Builders Pvt. Ltd. and Others” panned the builder for not getting Occupation Certificate, not paying transit rent and also breach of undertaking given to the court. But this order reveals only the tip of the iceberg; the society in question, namely GA Ganga Sagar CHS of Ghatkopar East, is so full of fraud, forgery and violations committed by GA Builders in collusion with the society's office bearers, that this building can never hope to get MCGM's occupation certificate. There are many criminal and civil suits pending in Metropolitan Court and High court pending in this case.

  4. East & West Builders (RNA Group) with the connivance of MCGM and SRA officials, illegally incorporated the Shastrinagar Municipal Market, Bandra East, and its open plot into an SRA scheme, causing MCGM an estimated loss of over Rs 150 crore. Thirteen shop owners led by Prabhakar M Shetty wrote a letter to CM Devendra Fadnavis in January 2015, explaining their plight. The letter says that in 2012, the developer demolished six shops completely and 21 shops partially, reducing their length by 12 feet and leaving only five feet. The shopkeepers were promised that they would be accommodated in the newly constructed building within six months. But till date, the construction work had not commenced, nor were they given any rent for alternative accommodation. In fact, after giving cheques to the shopkeepers, the builder fraudulently issued stop-payment instructions. All the shopkeepers' efforts to contact the developer on phone and in person have been futile. Although the developer has received IOA and CC as early as 2004, the A4 building that is supposed to be constructed for shop-owners of municipal market has not been started. The site for A4 building is currently an open plot without any obstructions or encumbrances, but the work is at a complete standstill. 

  5. In January 2012, MCGM itself had red-flagged RNA with this show-cause notice. Assistant Commissioner (Estates), MCGM, wrote to RNA's East & West Builders: “Whereas the Pariwar Safalya Cooperative Housing Society formed by the tenants on the subject property have appointed you as the developer for the redevelopment of the property; Whereas your architect has submitted the proposal for redevelopment of above property, the same was approved by Improvement Committee/Corporation under the Resolution no. 174 dated 7th Feb 2005 and No. 113 dated 10th February 2005 respectively, as per the total capitalized value amounting to Rs 29,02,91,270/- in the scheme is required to be paid by you to MCGM; Whereas you were required to complete the project within three years and also to pay remaining 90% capitalized value to MCGM before Occupation Certificate to sale component; Whereas you have failed to complete the project till date as the project completion period is already over on 17th March 2010 and therefore cost delay for payment 90% capitalized value to the MCGM till this date; Whereas it is a failure on your part to complete the project within stipulated period which is causing loss of revenue to the MCGM and hardship to the tenants residing in the old buildings who had consented for this development as per the clause in the tripartite agreement, the project period is fixed as three years from the date of issuance of the commencement certificate by Building Proposal Department. The project period can be extended by the Municipal Corporation for the reason of delay state in your reply letter subject to your consent and payment of capitalized value on revised 20:60:20 basis of approval vide ICR 175 dated 4th February 2009 and CR/1259 dated 9thFebruary 2009 respectively; This office has received orders from Additional Municipal Commissioner to inform you that the Municipal Commissioner will not extend the project period if you are not able to give satisfactory explanation of the delay in completion of the project... You are hereby finally directed to show cause within seven days on receipt of this letter and to pay the 90% capitalized value amounting to Rs 26,12,62,143/- with interest thereon at 18% calculated till 31st December 2011, amounting to Rs 8,43,91,251/-. The total amounting to Rs 34,56,53,394/- within seven days and payment of applicable stamp duty with penalty if any failing which following action will be initiated against you; The Building Proposal Department will be directed to issue stop work notice for the above referred project work and all other projects undertaken by you in MCGM; You and your companies will not be allowed to take up any other MCGM project in future; The law officer will launch prosecution against you for recovery of payment which is due to MCGM. If the building is found occupied in part or full, the building Proposal Department will be asked to issue notice u/s 353 of MMC Act and take further action, which please note”. This letter has a footnote directing Executive Engineer (Building Proposal) City to issue stop work notice to the Pariwar Safalya CHS redevelopment project and “any other project being undertaken by this developer / Notice u/s 353 of MMC Act and not to process any other redevelopment project as per AMC(ES)s order under No. AMC/ES/702/4 dated 26-12-2011.”

  6. RTI Activist Sulaiman Bhimani, who is also a Project Affected Person (PAP), recently made a detailed complaint to the Economic Offences Wing (EOW) of Mumbai Police regarding the corrupt misdoings of Skyline Construction Company of RNA Group at its SRA project at Oshiwara District Centre (ODC), Jogeshwari West. Highlights of this complaint: “MMRDA has spent almost Rs 9 crore for repairing the substandard work in PAP building in lieu of which TDR was released, and MMRDA has not recovered any amount from the developer, the MMRDA officials accepted the substandard work without any verification. The plumber has certified that he has used AC pipes but on site very low quality and substandard PVC pipes have been used and the engineer who accepted this certificate has not put any note on it for the change of material nor raised any objection for substandard work. The Project Management Consultant (PMC) certified that Plumbing and Drainage work is done as per approved plan, but on site the story is different. The Chambers as per approved plan have been shown 1.5mts away from the building line but onsite they are touching the building line as well as the underground water tank. Due to this shoddy work the water gets contaminated and even after spending Rs 9 crores this defect still exists. The Developer was issued IOA and CC on the same day, which is very unusual. Normally IOA is issued to the developer with 38 conditions to comply and it takes almost 45 days to comply all the conditions of IOA and the developer after complying all the conditions applies for CC and the MMRDA officials visit the site to verify all the compliance but in this case the IOA and CC were issued on the same day. There is open space violation which is in violation of fire safety norms, but MMRDA officials have turned Nelson eyes even after repeated complaints. The Recreation which as per Agreement was supposed to be developed by developer not been handed over to MMRDA for Public Use even after 10 years. Pedestrian Plaza as per Agreement and IOA condition and LOI was supposed to be developed by developer, but the same is not constructed. But TDR/FSI of 55000 sft is released for the same to the developer.” The so-called pedestrian plaza is a scam whereby, without laying a single brick or redeveloping a single inch of slum land, RNA earned 55,000 square feet of TDR, worth over Rs 4,000/- per square foot. That alone means a free gift of over Rs 22 crore for the Aggarwal family. He has also pointed out how RNA Exotica in ODC has gobbled up a 25-metre public road and used it for RNA's site office.

  7. In the case of RNA Palazzo in Kandivali West, which is being advertised as “space, Luxury and lifestyle all packed into your customized 2 BHK apartments”, 24 investors and flat purchasers have filed a complaint to EOW of Mumbai Police of outright cheating and fraud. After cumulatively paying more than Rs 50 crore (some have paid 50 percent, and other 100 percent of the value of the flat purchase), these purchasers are left high and dry, because the construction work stopped in September 2011, and has not resumed till date. The completion date was December 2012, and more thanthree years later, the Aggarwals have nothing to offer their buyers other than false assurances.

There are at least a dozen such stories about RNA Corp in Mumbai, still waiting to be told. One keeps getting calls from victims all the time – many of them so demoralized that they are unlikely to ever lift a finger to even write a letter of complaint.

Well done, Anil Aggarwal. Your legacy is in safe hands. Lagey raho!

WANT TO HEAR ABOUT RNA'S SCAMS FROM THE HORSES' MOUTH? 

CONTACTS:

a) For details on GA Ganga Sagar in Ghatkopar East, call Mukesh Chauhan 9324526890

b) For details on RNA Grande in Kandivali West, call Mr Mihir 75060940. 

c) For details on RNA's SRA project at Sewri, call Sujata Vijay Kumar 9869286842

d) For details on RNA's Aram Nagar redevelopment project in Versova, call Shaikh Nasreen 9833639370 

e) For details of RNA Palazzo project, Kandivali West, call Advocate Ameet Mehta 9821283232

f) For details of RNA's redevelopment project in Kalina (where the building was demolished five years ago, and rent for alternative accommodation stopped getting paid), 

g) For details of RNA's multifaceted cheating in the SRA project at Oshiwara District Centre, RNA Exotica and many other RNA projects in Mumbai,call Sulaiman Bhimani 9323642081

ISSUED IN PUBLIC INTEREST BY

KRISHNARAJ RAO

9821588114

Mumbai, 25th February, 2016: Common people rarely turn up in good numbers to openly speak out against powerful builders, and so it was an unusual sight that about 200 rich and poor persons aggrieved by RNA Corp (owned by late Anil Aggarwal, Gokul Aggarwal, Anubhav Aggarwal and Saranga Aggarwal) stage a roadside gathering near Versova, Andheri West, to speak out against RNA Builders. In this unusual gathering on the morning of Sunday, 21st February, 2016, the well-to-do persons were aggrieved buyers who had booked flats in various RNA projects such as RNA Exotica in Oshiwara, and RNA Palazzo and RNA Grande in Kandivali. The poorer participants were those dishoused and dispossessed by RNA's SRA or MHADA redevelopment projects. Many in the gathering voiced their grievances openly before a hand-held video camera, knowing that every word that they said was being recorded for publishing in the public domain. A major chunk of the gathering, who had already formed associations for their RNA projects, floated the idea of forming an RNA Victims Federation and exchanged contact addresses. Of the 200 persons, about half were from Aramnagar in Versova, over which the possibility of going under redevelopment by RNA builders looms large, like a dark cloud. These residents of Aramnagar were consumed by their own internal politics and internal quarrels sown by the builder. The other 100 persons were from RNA projects in different parts of Mumbai, and managed to speak in a clearer voice, which is captured in the below videos.

These eleven short videos show what RNA's victims said at the roadside meeting.

Highlights of the meeting:
a) Thousands of people who booked flats in RNA Corp. projects in Goregaon, Kandivali, and Project affected people from Andheri, Ghatkopar, Malad, Worli Wadala, Sewri, Chembur, Mira Road etc., and got a registered agreement or an allotment letter, were awaiting possession of their flats in 2012-13. But then they were informed that these projects -- RNA Exotica, RNA Palazzo, RNA Grande, RNA Metropolis, etc. would be delivered about two years later. Those two years came and went in 2014-15, but the possession date is nowhere in sight even today. Meanwhile, many of these customers have been sent notices asking for payment of another big chunk of money, although most of them have paid about 75 percent of the total flat value, without any assurance or commitment from the builders' side about when their flats will be delivered to them.
b) Over and above late delivery, there are multiple grievances for those who booked a flat in RNA Exotica. The ceiling height of floors above 20th floor have reportedly been changed without the buyer's consent. Buyers in RNA Exotica, who had paid a floor-rise premium for a very high-rise flat (such as 41st floor) may now have to settle for a much lower floor, as the building hasn't got permission to go over 36th floor. Also, the buyers were not informed of a PAP building being built in the front side of the same compound, abutting A-wing of RNA Exotica; how many premium flat buyers want to share their residential plot with rehab-component slum dwellers and project-affected people? Further, it is questionable whether RNA Exotica will ever get an Occupation Certificate, as the builders are reportedly converting some mandatory refuge areas into habitable flats and selling them.
c) Some investors are feeling jittery because RNA Corp has of late defaulted in repayment of bank loans, resulting in their mortgaged collateral being auctioned for debt recovery. After the demise of Anil Aggarwal in May 2014, sons Anubhav and Gokul Aggarwal seem to be finding it tough to keep the company''s fortunes afloat... or so it appears! The question in the minds of investors who have already paid 75 percent or more of the total consideration for their flat, and are now being sent notices by the builder to pay further installments is: Are our funds safe in the less-experienced hands of Gokul and Anubhav Aggarwal?
d) Many of these aggrieved investors have formed project-wise associations and are now considering forming a federation of RNA projects across the city. The idea of the "RNA Victims Federation” including people from across the city, including western and eastern suburbs, may take root if enough persons take initiatives.
e) The aggrieved flat purchasers and original tenants/ home owners in redevelopment projects discussed the idea of approaching Chief Minister Devendra Fadnavis in large numbers to discuss their problem, and asking for some actions and ultimatums against RNA, such as halting further project clearances. They also discussed filing Criminal / Civil Petition in High Court. Some have already filed complaints with EOW and are waiting for FIR to be registered.
f) From Mira Road to Walkeshwar, there must be five to six thousand victims of RNA builders, reckons activist Sulaiman Bhimani, who has been exposing RNA's various scams for the last seven years. It is proposed that all these victims come together -- at least one member per flat -- and put pressure on Chief Minister Devendra Fadnavis to take cognizance of RNA's habitual defaults.
g) Many of those who booked flats in RNA projects have discovered that their purchase agreements actually do not specify a date for delivery of the flats. And now they are wondering whether they are responsible for their own misery! If they go to court saying that RNA builders defaulted by not giving them possession of their flats in 2012-13 as promised, will they be rebuffed because they signed a faulty agreement? But the answer that emerged was that the builder was liable and not the consumers who signed the cleverly-worded agreements under duress, after having paid lakhs of rupees for booking. Also, such faulty documents which did not contain all the conditions necessary for safeguarding both the parties, could be rectified according to due process of law.
h) Since builder is charging you 18% interest if you delay making payment, he should also pay interest at 18% of the value of the flat for delay in delivery of possession by one year. Flat owners are entitled to move the consumer forum to seek compensation for delay in delivery of possession by the builder. Delay in possession recently cost this Navi Mumbai builder Rs 64.84 lakhs!
i) Project-affected persons (PAPs) who are aggrieved by RNA Corp's unlawful redevelopment may be able to hit back by getting the bank loans extended to investors cancelled by the banks. For instance, if bankers have connived with RNA builders to approve loans for 15th floor flats in an RNA building that has only 10 floors, may file a complaint to the bank's higher-ups and get the loans cancelled. State Bank Of India (SBI) is reported to have cancelled such a loan following a complaint.
j) The unholy nexus between RNA builders and Mumbai Municipal Corporation (MCGM) has resulted in many project affected persons, home-owners and tenants in RNA's redevelopment projects being dispossessed of their rights, and running helplessly from pillar-to-post for justice. Judiciary provides reliefs only sometimes, not always, but these individuals have to fight many legal battles extending over years and decades for such reliefs.
k) Although 179 out of 322 tenants of Azadnagar BMC chawls in Wadala opposed RNA Corp entering the scene as redevelopers, RNA somehow managed to sign an agreement with proxy signatories and take over the project. The tenants, who had been resettled there in 1944 after the blast in docks near Masjid Bunder, have been fighting a legal battle since in 2001. Their houses were demolished in the middle of the night without giving any time or alternate accommodation till the consent terms were signed before Bombay High Court.
l) A woman affected by RNA's illegal Redevelopment activities in Chembur disclosed how RNA builders and their men cleverly sowed dissent among the managing committee members to keep them divided. More significantly, she revealed how, by making political heavyweight Narayan Rane the chairman of the defunct local union, RNA Corp has largely silenced the residents.
m) Another woman who was part of the managing committee of her BMC chawl in Sewri, was dishoused and dispossessed from even basic membership of the cooperative housing society. She talked about her 11-year struggle with RNA Corp, BMC for securing her basic human rights, which she was being continually denied. She revealed how the residents of this “baithi chawl” i.e. old and settled chawl, were forced to live on the roads after demolition of their chawl. She also pointed out how RNA illegally exploited the FSI and TDR component of the adjoining municipal school and MCGM playground.
For contact details of speakers seen in the videos, call Sulaiman Bhimani 9323642081.
Issued in Public Interest by
Krishnaraj Rao
9821588114
krish.kkphoto@gmail.com

8

A hate crime appears to have been committed at the Toyota Service Center in Mumbai. Yakub was brought dead to the hospital on the 29th September 2015 in an abnormally bloated condition and protruding eyes on the day he had returned to work after Eid. Otherwise in good health, the condition of his body alarmed his family enough to decide on an autopsy. Until this point, all they had to go on was his colleagues telling them that he had suddenly fallen ill and bloated as they carried him to the hospital.

His death certificate from his autopsy at the KEM postmortem center, conducted by Dr. Sunil Vidhate and Dr. H. M. Pathak states as provisional cause of death:

"Respiratory failure due to pulmonary air embolism with pressurized air in large and small intestine, thoracic and abdominal cavities, and scrotal sac" (UNNATURAL)

death certificate of Mohammed Yakub Shaikh
death certificate of Mohammed Yakub Shaikh speaks clearly of embolism from bodily cavities being filled with pressurized air

In other words, pressurized air was inserted into his body through his anus with enough force to fill him up like a balloon and cause his death within seconds due to air entering his blood vessels. Something his colleagues had missed describing to his family. The narrative then changed to them having some "fun" with him. Apparently filling a person up with air from the industrial compressors used in a service center is the idea of fun in a Toyota Service center?

What follows is more appalling. The police have bought this "fun" theory without hesitation and everyone else also apparently seems fine with it. Here's a rough translation.

Santosh Arekar while teasing and harassing Mohammed Yakub Shaikh got angry and using a pressure pipe in the Toyota Service center, filled Mohammed Yakub Abdul Hassan Shaikh with air.

Bewildered and intimidated by the murder, Yakub's family was helpless in the face of people who all seemed to think that it was "fun" and were fine with it. They are having difficulty being heard and having their concerns addressed. Santosh Arekar has been arrested under Section 302 of the IPC alone, in what was clearly a targeted hate crime (mentions of anger against Muslims over Qurbani - slaughter at Eid).

As of now, AIMIM appears to be supporting them by insisting on action being taken.

The question is larger. Why are they in this situation? Why is another Muslim man murdered in a hate crime with the state conniving to make light of it?

What are we planning to do about ongoing hate crimes against Muslims for no fault of their own?

There is a need for the state to ensure speedy and factual justice. There is also a need for Toyota to clarify what appropriate use of the pressurized air in their Service Centers is, given how no one seems to see filling people with it as extraordinary even with a man dead.

The remaining documents of the case may be found here: mohammed-yakub-shaikh-murder

 

Yakub is murdered at Toyota Workshop in Mumbai, Police is not ...Yakub is murdered at Toyota Service Centre in Sewri, Mumbai allegedly by colleagues on 29th September 2015, when Yakub joined office after Eid. Family accuses Police of hushing up the matter as a "freak accident while having fun". Fun? Pressured Air is sent into a person and that is funny? Toyota Service Centre is not providing CCTV footage of the workshop. According to the family, Yakub was punished by this colleagues for doing Qurbani in Eid. Listen to what Yakub's family has to say. [Video courtesy: Akeel Shaikh, Mumbai]For FIR and Postmortem reports click here:https://www.facebook.com/milligazette/posts/1109366419081007

Posted by The Milli Gazette on Monday, October 12, 2015

Update: AIMIM MLA Waris Pathan has stepped up to support Yakub's family.