The Maharashtra Real Estate Regulatory Authority (MahaRERA) has directed developer to give an undertaking that the firm will cover any losses suffered by five home buyers, who got refund orders for delayed possession last month, till the filing of an appeal with the appellate tribunal.
On September 27, 2018, MahaRERA had ordered the developer to refund the investments of five home buyers – Rahul Bhosale, Hitesh Shah, Riyaz Jetham, Alistair Gomes and Sachin Kadam – who had booked flats in Acropolis project in Virar through a subvention scheme in which buyers paid eight per cent of the flat consideration and the banks paid the remaining 92 per cent. The order was to be executed by the developer within 30 days from the date of the order.
The subvention scheme itself is a very big scam, in this scheme the builder gets almost 95% of the loan amount on signing of the agreement without laying a brick, unlike regular home loan where the bank pays to the builder as per progress of the work, the builder lures the home buyers on promise to pay EMI till he hands over the possession, but when builder fails to construct or give possession on time the liabilities comes on the home buyer and the home buyers becomes defaulter and not the builder, in subvention scheme builder charges 10% more then the market value which the buyer realises on the later stage, subvention scheme is design to cheat home buyers.
The developer approached MahaRERA again on October 11 and got a stay on the order till October 24. On October 24, the matter was heard again, and the developer sought extension of stay on the execution of the judgment till the end of 60-day appeal period, citing financial crunch to pay the decretal amount that needs to be paid before the Maharashtra Real Estate Appellate Tribunal.
According to Section 43 of RERA, the appellant has to deposit 50 per cent of the amount with the tribunal before the appeal can be heard.
During the hearing before MahaRERA member Madhav Kulkarni, Sulaiman Bhimani, who appeared for the home buyers, strongly opposed the stay petition arguing that home buyers will suffer monetary losses since they had purchased the flats with bank loans and are paying EMIs. He argued that Rahul Bhosale, who had taken two bank loans, had received a foreclosure letter from the bank stating that if dues are paid before a cut-off date, he will get a concession of Rs seven lakh. He argued that home buyers will suffer immediate losses if the stay is extended.
Kulkarni then directed the developer to file an undertaking to make good any losses suffered by the home buyers till the end of the 60-day appeal period which ends on November 26. The stay was granted after developer complied with the undertaking.
Sulaiman Bhimani Legal Consultant
Expert RERA & Co-operative Scty Matters
Human and Civil Rights Activist
President Citizens Justice Forum
Aarey Milk Colony, spread over 1,259 hectares of land, is an extension of Sanjay Gandhi National Park. In 1949, the land we know as Aarey was given to the Dairy Development Board of Maharashtra to shift the cattle sheds from the city to Aarey. Since then this area has been known as Aarey Milk Colony. Aarey has 27 tribal hamlets; in terms of flora and fauna, it has leopards and numerous species of birds, animals, insects, butterflies, snakes, herbs, shrubs and trees (which number more than 4 Lakh 80 thousand).
In November 2014 , morning walkers, cyclists and other regular visitors to Aarey Milk Colony found notices put up, announcing that 2298 trees in Aarey would be felled for construction of the carshed for Metro3. Citizens came together to protest against this mass felling of trees. Thus was born the Save Aarey Movement.
In December 2014 angry citizens for the first time gathered in Aarey Picnic Point area to protest against this unnecessary destruction of the city's ecology. 1200 + citizens came together again in February 2015, creating a human chain along Marine Drive. Post this event, the Chief Minister of Maharashtra announced appointment of an Expert Committee to explore other options for location of the Metro3 carshed .
The Expert Committee had 6 members; four Bureaucrats and two environmental experts from IIT and NEERI. Both the environmentalists put a dissenting note in the Committee's report, holding that Aarey is an ecologically sensitive area and rich in biodiversity. The proposed carshed location is the floodplain of the Mithi River, and construction in this area can lead to flooding in Andheri. Hence the carshed location should be shifted out of Aarey, they said .The other options for the carshed location suggested by the expert members were Kanjurmarg and Backbay in Colaba.
The Detailed Project Report prepared in 2011 for the Metro 3 Line also mentions three other options (along with the option of 33 ha land in Aarey) for the Metro 3 Carshed location: the ground in Bandra Kurla Complex, 26 Ha of land in Kalina, the Mahalaxmi Race Course. Mumbai Metro Rail Corporation ( MMRCL) always claims that the 33 ha land area in Aarey is the only suitable location for the Metro 3 Carshed.
In 2015 the NGO, Vanashakti, along with citizens, filed a petition in National Green Tribunal (NGT) praying that Aarey be declared a forest and an Eco-Sensitive Zone. NGT on 19th August 2015, ordered status quo in Aarey pending final decision on the case. MMRCL, in August 2017 started dumping debris in the Metro 3 Carshed area in Aarey, along with excavation and mud filling activities in the area. This was in contempt of Court orders and was highlighted at the NGT. On 14th May 2018, NGT again ordered against any dumping of debris, land reclamation and Tree Felling in Aarey pending final decision in the case. But MMRCL continues to violate court orders. They have cordoned off more area in Aarey on the opposite side of the carshed area and have started land reclamation. What initially started as destruction of 33 ha of forest land is now leading to destruction of a much bigger area. Citizens lodged complaints in Aarey Police Station against these violations of court orders. MMRCL has also evicted Adivasis from Prajapur Pada in Aarey to SRA Buildings. This is in violation with Tribal Rights. Adivasis have filed a petition in Mumbai High Court.
On 20th September 2018 Judges from NGT's Principal Bench decided that this matter of declaring Aarey a Forests does not come under NGT's jurisdiction and NGT directed the petitioners to withdraw application and approach the right Authorities. This has happened after 3 and 1/2 years long proceedings in National Green Tribunal.
Through an RTI in 2017, Vanashakti found a letter written by the Divisional Manager of Sanjay Gandhi National Park( SGNP). This letter indicates that Aarey Milk Colony was of a much larger area earlier, and that 2076 ha of land from Aarey Milk Colony was Transferred to SGNP in 1969. But the forest department claims that they do not have any land records related to Aarey Milk Colony.
The forest department, in 2015, had submitted a draft proposal to the Ministry of Environment and Forest (MOEF) to declare Aarey Milk Colony as an Eco Sensitive Zone. MMRCL moved an application with the MOEF and got 165 ha of land (1.65 sq km) from Aarey denotified from the Eco Sensitive Zone. The MOEF denotified an area of 1.65 sq km from the ESZ in December 2016. This decision has been challenged by Vanashakti in NGT through a different petition.
Already, a large part of Aarey Forest has been lost to different projects and construction activities. Citizens fear that with the entry of the Metro 3 carshed, better described as a railway service centre, the rest of this forest, spreading over 1259 ha, will be lost to construction activities for ever.
Mumbai City is already sinking because of the destruction of its water bodies, wetlands and mangroves. Loss of Forest area and destruction of the floodplain of the Mithi River in Aarey will lead to further destruction of the city and flooding in more new areas in Mumbai. Lakes , supplying drinking water to Mumbai are also located in Forest Areas. Vihar lake on the border of SGNP and Aarey.
The air quality of Mumbai will be seriously hit if 4000 full grown trees are removed from its last remaining green space,the Aarey forests. .
A Movement that started with the news of felling of 2298 trees has brought out more shocking details. MMRCL floated a tender document for felling of 3384 trees in Aarey Milk Colony in 2017. And number of trees that are in line for sacrifice is still increasing. Tribals have lost their homes and livelihood. Floodplain of Mithi River has been damaged and this city will finally lose 1.65 sq km of forest areas to construction activities if this Carshed is not shifted out of Aarey. Facts finding team of Citizens have also found letters that speak about Government granting 3 FSI on 33 ha (82.5 acres) of Aarey land. A design layout prepared by MMRCL for the Carshed area also has marked an area on 33 ha land for realestate prooject.
Citizens of Mumbai needs to decide what is more important for them. A peaceful and happy life in a place requires, Fresh Air, Good supply of Drinking water , accessible open spaces and flood free roads .
In a Costal city like Mumbai, when the entire world is suffering from the consequences of Global Warming a place like Aarey becomes extremely crucial for survival of the city.
G A Builder arm of RNA Corp. Cheats senior citizen Murlidhar Prabhu age 85 He is homeless for last 12 years since he gave his home for redevelopment to RNA corp. The Builder is not giving rent nor constructing the building he is at the fag end of his life, He filled a complaint in RERA for relief but got highly disappointed as RERA did not gave order in his favor nor gave any relief and he was advised to approach High Court as RERA can give relief to only new home buyers and not the existing members of redevelopment project this a big drawback of RERA I request PM Narendra Modi and CM Devendra Fadnavis to amend the act to incorporate provision for original members of redevelopment project and not tolet them at the mercy of Builders.
POSTED IN PUBLIC INTEREST BY
Sulaiman Bhimani Legal Consultant
Human and Civil Rights Activist
President Citizens Justice Forum
President of Janata Congress party (Mumbai District)
Anjali Damania reported that she got a threatening call from a number in Pakistan, Karachi asking her to drop all cases against Eknath Khadse.
Transcript of the threatening call to Anjali Damania:
Caller: Anjali bol rahi hai?
Caller: Anjali, tune jo case kiya na khadse pe
Caller: woh waapas le
Anjali: kaun bol raha hai?
Caller: Main koi bhi bol raha hun, tune jo case kiya hai na khadse pe woh waapis le saare case. nahi to tera main jeena haram kar dunga.
Anjali: bol kaun raha hai ya..?
Caller: [inaudible] tu family waali hai na?
Anjali: are par ye kaun, bol kaun raha hai?
Caller: Main koi bhi bol raha hun. woh jaanna tere liye jaroori nahi hai. theek hai? tune bahut jeena haram kar diya hai sabka
True caller shows the number to be from Pakistan.
This is the same number AAP had earlier alleged that Eknath Khadse received calls from Pakistan from. Hacker Manish Bhangale had claimed in a press conference that he had hacked the website of Pakistan Telecommunications to acquire that information. At that time, Eknath Khadse had claimed that his number was inactive and that someone may have cloned his SIM or that the hacker may have planted his number as well. That doesn't explain a call from the number now threatening Anjali Damania to withdraw the case against him.
The number shown in the service request appears to belong to Eknath Khadse.
Anjali Damania has lodged an FIR and informed the Chief Minister and Jt CP Crime is investigating the matter.
Statement by Aam Aadmi Party on threat to Anjali Damania
Khadse Dawood Nexus Exposed Once Again
AAP Condemns threat to Activist Anjali Damania
Press Note 23rd September 2017
In the wee hours of today morning activist Anjali Damania got a call from a Pakistan based number +92 21 35871719. The caller threatened her to withdraw all cases against BJPs Ex Revenue Minisiter Eknath Khadse. Anjali has shared the recorded call in which she and her family have been threatened. Subsequently she informed Chief Minister Devendra Fadnavis and he has asked Joint Commissioner Crime to investigate the matter.
The Aam Aadmi Party says that this kind of investigation is completely inadequate and the investigation must be handed over specialised agencies like, RAW or IB as this number is said to belong to Dawood Ibrahim.
Ethical hacker Maneesh Bhangale had said this number belongs to Mehjabeen Shaikh, wife of the Dawood Ibrahim and was registered in Karachi. Given below is an attachment that he had shared of a communication between Pakistan Telecom with Mehjabeen Shaikh regarding that same number. Maneesh had said that Eknath Khadse's mobile number was frequently called from this very number - +92 21 35871719. Further, media sources had shown that this number is noted as belonging to Dawood Ibrahim's residence in the files of Indian Intelligence agencies too.
When the AAP demanded that Maneesh Bhangale's claims be investigated the Joint Commissioner Crime had given Ekanth Khadse the fastest in the world - in just 4 hours. How can we expect the same department to do a thorough investigation to the threat to Anjali?! The Joint CP at that time, Atulchandra Kulkarni then moved to ATS where once again he failed to investigate the matter. Instead, on a flimsy complaint by Eknath Khadse's associate Ravi Bhangale, the Cyber Police arrested and is harassing Maneesh Bhangale till date.
This call to Anjali is on Ekanth Khadse's behalf, from Dawood's residence. What more proof is required that Ekanth Khadse and Dawood Ibrahim work together? What is more important is that the state has totally failed to provide safety to Activists and Journalists and we fear for the safety of Anjali Damania and her family. We demand that this investigation be handed over to a national agency which cannot be influenced by Eknath Khadse the way the state Crime Department was influenced in the past. Anjali Damania should be provided police security immediately. The whole state stands with Anjali in her crusade against corruption.
Senior journalist and rationalist Gauri Lankesh was shot dead at home today. Her killers knocked on her door and when she opened it, they gunned her down. Yet another vocal critic of fundamentalist Hindutva is shot down by masked gunmen as they go about their routine. Yet another season of shock, protest and promises of an investigation, as practiced trolls smoothly swing into action to "manage" yet another atrocity.
Many fear that this may also be yet another round of leg dragging investigations. Another round of the state looking in your face as dissent is slaughtered. Fear of one thing cannot go on for long.
A threat is always made from a position of weakness. A threat is a desperate gamble to intimidate. A voice silenced in cowardly anonymity is a confession of there being no honorable answers to the questions they raise. It is a confession that there is no one who is willing to be the face of the action, because not even in their eyes is the action justifiable to those they are scamming into blindly believing in them.
I have faced fear many times in my life. I have seen others face fear. And if there is one thing I have seen for sure, it is that a confrontation with fear cannot be sustained. It resolves into cowering inaction or a reckless head on challenge. And sometimes it coalesces into sustained action to defeat the cause of the fear. Today, the voices of dissent fear that their country is in the hands of those who would prefer them dead. Which is how fascists succeed and get away with their murderous ways. Over the last few years, I have seen many voices "play it safe" every dissenting entity with a licence and funds to investigate is looking over its shoulder and hoping to not get the attention of a government they have no faith will play fair.
I have seen journalists who spoke without fear learn to measure their words and "balance" them with something that would please the government, like an offering to vengeful gods. Ones who never feared to lash out at whichever government was in power areasking themselves whether they can afford to play David to a Goliath who can stalk every aspect of their existence. There are those that lash out at the opposition for failing to do an undefinable "something" - anything, I suppose that would let them be true to themselves without fear.
No one can live on the edge of tension forever. One way or the other, it resolves. And the less space remains to cower safely, the more people come out fighting. Those having excessive faith in their impunity should think about this. They cannot kill everyone who calls them unacceptable for what they do to the citizens of the country and the whole. They cannot expect the guarantors of their impunity to attack the jobs of every person who refuses to toe lines and not stand discredited. They cannot investigate every organization that decides to no longer toe subtly conveyed lines.
A tyrant who cracks a whip once inspires fear. A tyrant serial chasing those thumbing their nose at it is a cartoon character. Dabholkar, Pansare, Kalburgi and now Lankesh. Fear gets old. Fury gets old. What is left is a determination. How many are they going to chase after with guns?
Beware, fascists, a reign of fear is only as good as the first confrontation with it. You are forcing more and more citizens to face off with it. One who looks into fear and acts anyway, ceases to be controlled by it.
Today, there are more and more people being reckless about what fate would befall them for speaking truth to power. The usually careful journalists who abdicate their voice and do barely reported protest marches are using their pens against you and making furious statements that will reach across their spheres of influence. You have killed one of them. They could be next. Do you think they can be brought back to obedience? All of them? Do you have the capacity to keep the country running if enough people decided that your protectors did not deserve to run it? Do you have anywhere to hide when they are forced to give you up to survive? Wield your fear wisely, lest you force too many to fury and any government that shelters you be forced to give you up or fall itself.
There is only so much terrorism can force people to swallow words. If we must die one way or the other, we might as well die once, instead of daily.