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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.

"Victims of RNA Corp." OR Victims of Any Unscrupulous Builder, What are the options available for Home Buyer and Aggrieved Flat Owners in Redevelopment Project

How to File a  against a Builder, What are the options available 

Any citizen can file a case against a developer. There are several options and situations under which a property buyer can file a complaint. Types of complaints are:

  1. EOW
  2. Consumer case
  3. Suit for Specific Performance of Contract

On the following grounds in which a property buyer can drag an incompetent property developer on violations/ breach of ground

  • Non-execution of relevant sale agreement despite having received a substantial advance amount
  • Non-issuance of copies of all relevant documents viz.; development agreement, power of attorney, sanctioned plan (by concerned Regional Authorities), specification of construction materials/design as per sanctioned plan and any other relevant documents
  • Charged higher than the agreed amount
  • No issuance of proper receipt(s) against the paid amount
  • Poor quality construction
  • Delivering of a house not complying to agreed specifications
  • No free parking space within the premises
  • Did not form a co-operative housing society and handed over to members
  • Non-provision of water storage tank
  • Non-provision of proper ventilation and light
  • Delayed possession beyond the stipulated time limit
  • Not obtaining completion certificate from the concerned registered (by the authorities) architect
  • Non-issuance of Occupancy Certificate at the time of delivery of respective flats/house to its occupants
  • Non-declaration of expenses against which the developer collected money

And many more…

Any project falling short of above listed causes home buyers to approach for remedy from options available 1 to 5 

1) Cheating Case (EOW) - Jointly or Individually Legal Complaint

2) Cheating Case (EOW) with Private Complaint to the Metropolitan Magistrate (MM)

3) Specific Performance in High Court

4) National Commission if agreement value is more than 1 Crore (New Delhi)

5) State Consumer if agreement value is less than 1 Crore (Mumbai)

How to file a complaint against a builder in the Consumer Court? 

With builders coming under the clause of being a service provider, the process of filing a consumer court complaint against them is the same as with other service providers. To file a complaint, you need to adhere to the following steps:

  • Send a well drafted Legal Notice to the builder stating your reasons of discontent
  • Await for a response for the stipulated time from the other party
  • On no-response, prepare a petition stating facts and evidences with the help of expert legal advice
  • Approach the Consumer Court and file your petition against the builder

As per a judgement passed by the National Commission in the case of Jayantabhai Ranka and Arunaben Kapadia vs Ravi Developers, the Commission pointed out that the cause of action on the builder continues till the allotment of the site or full refund of money on refusal to allot.

This means, no matter how much the delay, the builder is liable to properly honour his service agreement. The other important point that this particular case also highlighted is that ‘each property developer is liable to execute an  agreement for sale’. And failure to do so can be a cause of action against the builder in the Consumer Court.

You may simultaneously approach EOW with legal advice along with Consumer Court Case

1) Cheating Case (EOW) - Jointly or Individually Legal Complaint

2) Cheating Case (EOW) with Private Complaint to the Metropolitan Magistrate (MM)

This option of specific performance in High Court is little expensive but result oriented all you need a good Advocate and result can be expected in 4 to 8 months where as in consumer court it may take 12 to 24 months

This option is expensive as you have to pay court fees the upper cap of the court fee is Rs 3 Lakh the court fee structure calculation table is given for your reference

COURT FEE SLABS

SLAB-A = FIRST RS. 15,00,000 --------------------------------------- RS 31,230.

SLAB-B = RS. 15,00,001 TO RS. 26,00,000-------@RS 2,000/RS 1,00,000.

SLAB-C =ABOVE RS. 26,00,000------------------------@RS1,200/RS 1,00,000.

SLAB-D = FIXED -------------------------------------------------------------RS 200

e.g. COURT FEES FOR RS. 30,00,000, 40,00,000, 50,00,000, 75,00,000 AND 1,00,00,000 ETC. CAN BE CALCULATED AS UNDER:- 

VALUESLAB-ASLAB-BSLAB-CSLAB-DTOTAL

(A+B+C+D)

30,00,00031,23022,000 4,80020058,230
40,00,00031,23022,00016,80020070,230
50,00,00031,23022,00028,80020082,230
75,00,00031,23022,00058,8002001,12,230
1,00,00,00031,23022,00088,8002001,42,230

For Court Orders in Favor of Home Buyers and Aggrieved Flat Owners in Redevelopment Project  click the link below
http://wakeupindia-designer.blogspot.in/2016/09/consumer-court-case-order-in-favor-of.html 

http://wakeupindia-designer.blogspot.in/2016/03/hc-pulls-up-aa-estate-pvt-ltd-arm-of.html

Issued in Public Interest by
Sulaiman Bhimani
9323642081
sulaimanbhimani11@gmail.com 

RNA Cartoon

3

Mumbai, 5th March, 2016: Last week, one of RNA builders' thousands of cheated flat-purchasers sent the builder a legal ultimatum, and started taking steps for going to court after discovering that their promised 17th floor flat in RNA Regal, a project in Kandivali West, is the proverbial pie-in-the-sky! In February 2011, Sandeep Kothari and Apeksha Khabiya, a non-resident couple based in Doha-Qatar, booked a spacious 17th floor flat in RNA Regal, based on the builder's promise that they would get possession within three years. The couple planned to return to India to live in this spacious 1365 sq. ft. dream house. After paying nearly Rs 30 lakhs up front as initial booking amount, the couple was kept in the dark by RNA Corp which fed them a steady diet of outright lies during the three-year waiting period. Every time the couple phoned RNA Corp, they were informed that the project was making satisfactory progress. In the end, the couple's rude awakening consisted of not one, but three shocking jolts!

Shock # 1: When the promised possession date arrived in March 2014, Sandeep and Apeksha were shocked to learn that no further progress had been made in three years, and that the project was practically at a standstill at “25% progress”, the same as the time when they had booked the flat in Feb 2011. Today, two years after making this shocking discovery, they are still no closer to getting their dream house.

Shock # 2: Almost five years after booking the flat and two yearsafter the promised possession date (March-April 2014), the couple was shocked to discover documents through Right To Information that showed that RNA Regal didn't even have BMC permission for going up to 17 floors and above!

Shock # 3: The couple recently sent their authorised representative to visit the site and make a first-hand observation about whether the construction work is in progress. They were traumatised to learn that no construction activities were going on, and the plot where RNA Regal was expected to come up, was partly blocked by slum dwellers. The authorized representative estimated that the encroachment by slumdwellers appeared to be two to four years old.

These are many causes for worry, not only for Mr and Mrs Kothari, but also for all the flat buyers in RNA Regal! RNA Corp's owners, namely the late Anil Aggarwal, as well as his sons Anubhav and Gokul Aggarwal, have evidently been keeping a large number of buyers in the dark.

Read the legal notice issued by GC Mehta and Associates on behalf of Mr and Mrs Sandeep Kothari: http://tinyurl.com/RNA-Regal-Kandivali

RNA Regal

How the NRI couple was cheated by RNA Corp:

  • The NRI couple booked a 1365 Sq. Ft. Flat on the 17th floor of RNA Regal, by paying Rs. 29.98 lakhs between February and June 2011 against the builder's demand for Rs. 29.28 lakhs, being 25% of the flat's total cost, along with expression of interest. Against this, the builder issued a letter of allotment.

  • The NRI couple made this booking based on the builder's representations that they would get possession of the flatwithin three years e. in the first quarter of 2014.
  • Afterwards, the NRI couple regularly followed up the progress of construction of RNA Regal and were assured by the builder's office that the project was satisfactory progressing.
  • When the date of possession arrived in March-April 2014, RNA Corp informed the NRI couple that still, only 25% of the construction was complete, and the project was stuck due to some “additional statutory requirements”.The couple was assured that efforts were being made and the necessary clearances would be obtained soon.
  • Upset at being kept in the dark until their promised possession date, the NRI couple now started enquiring about the project status by email on a regular basis.
  • In an email dated 4th April 2014, the builder assured that that construction work would resume by June 2014.
  • In an email dated 14th June 2014, the builder claimed that the approvals are expected within 10-15 days.
  • In an email dated 2ndJanuary 2015, the builder said that the necessary approvals would take another 2-3 months.
  • Later on, the NRI couple's emails dated 31/07/2015, 04/08/2015, 06/08/2015, 07/08/2015 20/08/2015 and 23/08/2015 and letters dated 08/12/2015 and 05/02/2016 were acknowledged by the builder's office only with great reluctance, but they all went unanswered.
  • Whenever the NRI couple or their authorized representatives visited India, they made it a point to visit the builder's office to inquire about the progress on this project and understand the earliest date of their getting possession, so that they could permanently return to India and live in this house. But during their every visit, the NRI couple were told about some or the other kind progress as well as difficulties that the RNA Corp had been facing. RNA Corp continually made promises, but there was no performance to back up these promises.
  • In spite of repeated requests, RNA Corp did not fulfill their obligation for executing a registered Agreement for Sale.
  • The NRI couple got a huge shock when they learned through RTI thatRNA Corp had not even obtained approval for constructing a building with 17 or more floors!
  • The Kotharis requested their authorised representative to visit the site and make first hand observation about the actual progress and whether the construction work is in progress. They were traumatised to learn thatno construction activities were going on and the plot where RNA Regal was projected to be constructed was partly blocked by slum dwellers. This encroachment appeared to be 2 to 4 years old!

Driven by all these unpleasant discoveries, Sandeep Kothari and his wife Apeksha have now reached the inescapable conclusion that RNA Corp has cheated them by retaining their money for more than five years, and has kept on making false statements as well as promises, which entitles them to invoke all legal remedies against the builders, especially under Consumer Protection Act, 1986.

For more details on this case, contact Advocate GC Mehta (Mob 9820141178 Email advocategcm@gmail.com)

Postscript: Of late, RNA Corp has been in the news for failure to fulfill legal obligations to various stakeholders, including flat-buyers, project-affected-persons, lending banks, and multiple government agencies such as MCGM and MMRDA. After years or even decades of slippery behaviour by the late Anil Aggarwal and his sons Anubhav and Gokul, the patience of many stakeholders appears to have run out completely.

ISSUED IN PUBLIC INTEREST BY

Krishnaraj Rao

9821588114

krish.kkphoto@gmail.com

4

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

7 April 2015, India: OK, here’s a question: Can you and I make a profit of about Rs 90 lakh by selling a plot of government land before it is transferred to us? Can we sell it to a known crook and swindler at the height of his career? Answer: If we are common people, then no. But if we are high court judges, then yes, we can not only do it, but we can also be elevated to the position of a Chief Justice! Come, let us learn from Justice Laxmi Kanta Mohapatra, Chief Justice Of Manipur, how it is done.

Like all our High Court and Supreme Court judges, Justice Laxmi Kanta Mohapatra (http://hcmimphal.nic.in/judges.html) is immune to the laws of the land. When he was a High Court judge in Odisha, Mr. Mohapatra accepted a bribe of about Rs 90 lakh through a shady land deal with a chit-fund fraudster named Pradeep Sethy (http://tinyurl.com/pradeep-sethy), whose Artha Tatwa Chit Fund scam in Odisha was estimated by Supreme Court to be Rs 4,600 crore – roughly twice the size of the infamous Saradha scam in West Bengal. (Others put it at Rs 20,000 crore.) In this unusual sale of land, the Cuttack Development Authority actively cooperated with Justice Mohapatra. In connection with this same land transaction, Advocate General Ashok Mohanty was arrested last year (http://tinyurl.com/AG-ashok-Mohanty), but Laxmi Kanta Mohapatra -- then the Acting Chief Justice of Manipur High Court -- went on to be elevated to Chief Justice on 10th July 2014, well after the scandal became well-known in the public domain and the media! Isey kehte hain Independence Of Judiciary!

One however wonders about the dynamics of how this particular elevation happened. Did somebody bribe the members of the Supreme Court collegium on behalf of the hon’ble Mr Mohapatra? Or did one of the collegium judges highly recommend Mr Mohapatra as, relatively speaking, the cleanest judge available for the position of CJ of Manipur? Did this brother judge convincingly argue that a little bit of shady dealings, stamp duty evasion and money-laundering should be considered acceptable among the brotherhood of judges? Or was it the collegium’s considered decision that, since Justice Mohapatra was only exploiting well-known legal loopholes in Odisha's Stamp Act and other laws, it was legally acceptable?

(For the record, the government of Odisha was in the habit of making such discretionary land allocations to high court judges and others. This facility was widely known and exploited for years by VVIPs. (Read http://tinyurl.com/Odisha-land-allotments. After this scandal, in December 2014, the government seems to have decided to mend its ways (http://tinyurl.com/Odisha-cancels-allotments). RTI Activist Jayanta Kumar Das, in his Letter Petition (http://tinyurl.com/Jayanta-Das-Letter2CJI) to Chief Justice of India on 18th March 2015, presented a blow-by-blow account of Justice Laxmi Kanta Mohapatra's wrongdoings, with supporting evidence, and is awaiting some action. Tall hopes? Maybe. Wait and watch.

HIGHLIGHTS:

  1. On 11.10.2006, in his capacity of a judge of Odisha High Court, Laxmikanta Mohapatra applied for a government plot in Markata Nagar to Cuttack Development Authority (CDA). Within seven months, CDA allotted a 4000 square foot plot in Sector-11 in Bidanasi project area, Cuttack) and instructed him to pay Rs 9.8 lakhs. Having an ancestral property in Cuttack district (Stoney Road, Post- Candinichowk, P.S- Lal Bag, Dist – Cuttack), Mr Mohapatra was actually not eligible to get a government plot from CDA. So, his letter was evasively worded, stating that neither he nor his family owned land at Markata Nagar. After taking possession in July 2007, lthough the allotted plot was not yet transferred in his name, Laxmikanta Mohapatra proceeded to build a double storied building on the allotted plot. Read documents: http://tinyurl.com/Judge-gets-land
  2. within four years of the allotment of government land to him, Justice Laxmikanta Mohapatra transferred the possession of this plot for a consideration of Rs one crore. The land was "sold" by means of a simple affidavit on ten-rupees stamp paper to Pradeep Kumar Sethy, the chit-fund baron. The mode of payment was not mentioned (Cheque? Cash? Any other means? Who knows?) The affidavit said, “I have taken over the possession of the plot on 23.7.2007 and lease deed has not been executed in my fabour (sic!) till date. The plot is double storied building is existing on the plot”. As Justice Laxmi Kanta Mohapatra was not the owner of this plot, he had no right to execute and register a sale deed or to transfers this plot in favour of any party. Indeed, no law in India or in Odisha empowers anybody to transfer or sell a property to any party by means of a mere affidavit… but that is precisely what this learned judge did! Read http://tinyurl.com/Sethy-buys-from-Judge

By means of this unlawful transaction, Justice Laxmikanta Mohapatra enabled chit fund operator Pradeep Kumar Sethy to do him an undue favour of about Rs 90 lakh. Simultaneously, the honourable judge broke the law to avoid paying at least Rs 5 lakhs stamp duty and registration. And last but not least, this person who is now Chief Justice of Manipur committed offences of money-laundering by accepting and creating black money from the chit fund operator – possibly in order to provide him some undue favours.

Cuttack Development Authority aided and abetted this unlawful transaction. It transferred this plot in the name of Sri Pradeep Kumar Sethy vide its Letter No.8098/CDA/Dated 23.4.2011 based on Justice Laxmikanta Mohapatra’s affidavit and a request letter written by Pradeep Sethy.

  1. Meanwhile, lakhs of people in Odisha started raising their voice against Artha Tatwa Chit Fund Company, its Chief Managing Director Pradeep Sethy and other directors for the nonpayment of their matured fixed deposits in different branch offices of the company. Anticipating his arrest, Pradeep Sethy approached the Advocate General of Orissa High Court Sri Ashok Mohanty for an undue favour, and a deal was struck.

Barely one and a half years after the land was transferred in his name, Pradeep Sethy made another affidavit dated 03.10.2012 transferring the land plot for a consideration of Rs 1,00,01,000/- (Rupees One Crore and One Thousand) only. Again, the mode of payment was not mentioned (Cheque? Cash?). This affidavit suggests, as CBI mentions in its chargesheet, that Advocate General Ashok entered into this transaction as a consideration for giving undue favours in Orissa high Court. Read http://tinyurl.com/Sethy-sells-to-AG

  1. A case was registered against Pradeep Sethyand his staff by Balasore Town Police for cheating innocent investors (Balasore Town P.S. Case No. 352 of 2012 dated 06.10.2012, U/S 420/506/34 I.P.C etc). Pradeep Sethy applied for anticipatory bail before Odisha High Court, on 09.10.2012 (Annexure- 21). Thanks to Advocate General Ashok Mohanty, this anticipatory bail was allowed. Pradeep Sethy and all his associates were released on anticipatory bail without production of the case diary on 18.10.2012.
  2. Soon afterwards, Cuttack Development Authority took steps to ensure that the bribe paid to Ashok Mohanty reached him, i.e. the transfer of the land to Ashok Mohanty, who was possibly anxious that the land plot may be seized by the authorities, along with other assets belonging to Sethy. So, by a form-letter dated 8th February 2013, it summoned Sethy to appear in person on the same day between 2 and 4 pm with necessary documents for signature verification and verification of his identity. It is not know by what mode this letter was delivered, and so one may presume that an urgent hand-delivery was made, possibly by the Advocate General himself! Read http://tinyurl.com/CDA-writes-to-Sethy
  3. In its preliminary charge sheet in the Artha Tatwa Chit Fund Scam Case, CBI states that the consideration of Rs one crore to Justice Laxmi Kanta Mohapatra came out of misappropriated funds from the Artha Tatwa company accounts. It says, "As per records, accused P.K. Sethy had purchased said building from Justice L.K. Mohapatra for consideration of Rs. 1,00,00,000/- during April, 2011 out of the money flown from the accounts of AT Group and later, transferred the said plot to Asok Mohanty." You may read the relevant paragraphs of the CBI chargesheet here: http://tinyurl.com/CBI-chargesheet-Artha-Tatwa
  4. The CBI chargesheet says: "Investigation disclosed that accused Asok Mohanty was the Advocate General of Odisha during the period from June, 2009 to September, 2014. He had purchased a building located at plot No. 11-3B/1332, Category-B, measuring 4000 sqft in sector -11, Bidanashi, Cuttack from the accused Pradeep Kumar Sethy. As per records, accused P.K. Sethy had purchased said building from Justice L.K. Mohapatra for consideration of Rs. 1,00,00,000/- during April, 2011 out of the money flown from the accounts of AT Group and later, transferred the said plot to Asok Mohanty. Though the sale transaction was shown to be of Rs 1,01,00,000/- but in fact an amount of Rs. 70,00,000/- only has been paid by accused Asok Mohanty to accused P.K. Sethy. During the course of investigation two money receipts were seized from the official premises of accused Asok Mohanty indicating the payment of Rs. 1,01,00,000/- towards consideration. The said money receipts bear forged signatures of accused Pradeep Kumar Sethy. During the relevant period of time i.e. during October, 2012, when the above transaction took place, agitations were going on in Odisha against the accused Pradeep Kumar Sethy and against AT Group by the depositors which is evident by registration of the 1st FIR against the AT Group on 06.10.2013 following which the accused P.K.Sethy had moved an anticipatory bail petitions before the Hon'ble high Court on 09.10.2012 and during the relevant time the present accused AG entered into a criminal conspiracy with the said Pradeep Kumar Sethy and in furtherance thereof extended his hospitality towards the accused P.K.Sethy as a result of which the anticipatory bail was granted to the accused P.K.Sethy on 18.09.2012. During the course of investigation, two separate agreements for sale of the said plots were recovered/seized from the possession of accused Asok Mohanty. In the said two agreements, the consideration agreed upon was Rs One Crore and One Lakh which is contrary to the consideration mentioned in the affidavit dt. 03.10.2012 submitted to the Cuttack Development Authority for transfer of ownership of the said property. It may be mentioned here that in the said affidavit dt. 03.10.2012, the consideration amount is mentioned as Rs. One Crore and One Thousand. Thus, it is clear that the accused Asok Mohanty misappropriated the remaining amount of Rs. 31 lakhs that he was supposed to pay to the accused Pradeep Kumar Sethy."
  5. Significantly, CBI was able to investigate the role of Advocate General Asok Mohanty... but do they have the authority or the mandate to investigate the role played by Justice LK Mohapatra? No. And therefore, one is left wondering whether Justice Mohapatra's role was as innocuous as the CBI chargesheet makes it out to be!

Final outcome:

  • Lakhs of citizens of Odisha – swindled. Money not yet recovered
  • Chit fund swindler Pradeep Sethy – arrested & chargesheeted by CBI.
  • Advocate General Asok Mohanty – ditto… and he lost his job.
  • Odisha High Court Judge Laxmi Kanta Mohapatra – got to keep Rs 90 lakhs that came from the savings of chit fund investors… and he was elevated to the position of Chief Justice of Manipur after the scandal.

Will somebody please rap the Supreme Court collegium on the knuckles for this decision, and impeach this honourable Chief Justice of Manipur? If this is not done, one worries that before his scheduled retirement on 10th June 2016 upon attaining the age of 62, the SC collegium (or Judicial Appointments Commission) may elevate him to the exalted status of a Supreme Court Judge, or even, who knows? Chief Justice of India? You can never tell.