Money deposited in a bank account is generally considered safe. Holders of State Bank of India-issued Kisan Credit Cards (KCCs) have apparently been charged INR 990 each for provision of weather information.
Nationwide, one crore one lakh KCC-possessing farmers are seeing deductions totaling INR 990 crore, including INR 60 crore from the accounts of 6 lakh farmers in Madhya Pradesh. The facility towards which these deductions are being made (viz. weather information) is which the central government is already providing farmers free of charge, through a toll-free number.
This mess came to light when Hazarilal Sharma, a farmer living in the Nauraj Khedi village of Vidisha’s Nateran Tehsil received a call from his bank informing him of a deduction of INR 990 towards a service providing weather information. Sharma filed a complaint in writing, but the bank management did not reimburse the amount. Talking to the manager of the Nateran branch of the SBI, B.S. Baghel, revealed the complete picture.
Baghel elaborated that the SBI headquarters in Mumbai had deducted, through the various branches, the amounts from the accounts of farmers nationwide without their permission. Meanwhile, even the chief general manager of SBI’s agricultural branch, Jitendra Sharma agreed that the bank had deducted amounts in the name of providing weather information, but insisted that only after obtaining consent forms from the farmers – something farmers like Vishnu Dangi, Natthu Singh Raghuvanshi, among others, have vehemently denied. According to them, they are receiving SMSs from the bank with weather information while the banks are deducting INR 990 for the same.
Breaking down the INR 990 crore mathematics
As per the SBI’s website, there are nearly 1 crore 1 lakh KCC holders. If even 1 crore of these farmers have been charged for the weather information service, it would imply that a sum of INR 990 crore has been thus collected.
Service already available in 500 branches through RML
The SBI has contracted Mumbai’s RML Company for providing weather and crop-related information to farmers. Per RML, customers linked with 500 branches of the SBI across 16 states are receiving this service. Different price levels have been fixed for the various services available. Of these, the SMS service is priced at INR 990 per year.
Translated from original report in Hindi at Jagran
7th September, 2016, Cuttack: Earlier this week, Justice Indrajit Mahanty of Orissa High Court admitted that he "carries a loan burden for his long-time business outfit", through an opinion piece that was written on his behalf titled "Media sensation at times hits great guys, hurts society" in The Pioneer. (The "loan burden" is a Rs 2.5 crore working-capital loan for his hotel, The Triple C, which was borrowed in 2009 from SBI. Till this day, amounts ranging between one and two lakh rupees are drawn and repaid every month in the name of "Justice Indrajit Mahanty".) The author, clearly adores Justice Mahanty, writes, "As a lawyer, he became too eminent too soon only because of his keen commonsense, command over the English language and the superb manner of making complex Acts simple for judges and clients alike. He drives points home the same way as smart kids do tricycles." The point of the article is that it is acceptable that Justice Indrajit Mahanty has a big business loan to his name, and runs a hotel, because of his love for humanity, and therefore, our article questioning the ethics of his actions is a "terribly misplaced allegation". The author argues, "Yes, there is a loan burden, not a robbery charge. Yes, he ran it to add value by generating employment for many. The only thing people would like to know is whether or not his ‘judicial conduct is appropriate and above board’; whether or not he is selling judgment, and if he has the knowledge and skills to help the suffering humanity."
Is this a reasonable argument?
The implications of a high judge taking a business loan from a bank, and using it to run a hotel, are far-reaching. Although Justice I. Mahanty is only 55 years old, he is already number two in seniority at Orissa High Court. Being the son of well-known Barrister Ranjit Mohanty, he is influential and well-connected in the legal fraternity. In the next 5-10 years, his career track can make him Chief Justice of Orissa HC, a Supreme Court judge and even Chief Justice Of India.
However, The Triple-C Hotel can be need not necessarily be a success story. Experienced businessmen like Vijay Mallya often fail to repay the banks; so, is it totally improbable that a part-time businessman like Indrajit Mahanty may fail to pay back what he owes to State Bank Of India?
What happens if Justice Indrajit Mahanty defaults and the matter goes to Debt Recovery Tribunal?
Does Debt Recovery Tribunal (DRT) or Debt Recovery Appellate Tribunal (DRAT) get jurisdiction over Justice Indrajit Mahanty?How will Justice Mahanty (who may by then be Chief Justice of Orissa High Court, a Supreme Court judge even Chief Justice of India) be an appellant or defendant before DRT or DRAT?
Does Justice Indrajit Mahanty appear before Orissa High Court?Suppose the order of DRAT is further appealed, can Justice Indrajit Mahanty be an appellant or defendant before Orissa High Court? If not, then what is the proper forum to hear the matter?
Can any tribunal or lower court entertain a matter against any judge of the higher judiciary in respect of his private affairs, such as bank loans or hotel business? Will such proceedings strengthen his public image as a judge, or will it damage it? And what will such cases do to the image of the judiciary?
If a high court or supreme court judge is before a lower court or tribunal, what happens to his superior jurisdiction over such lower court or tribunal? Won't this create a constitutional anomaly?
Apologists and admirers of Justice Indrajit Mahanty, please remember that this is not about one man's goodness or integrity, it is about the integrity of our judiciary as a whole.
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Cuttack, 2nd September 2016: Justice Indrajit Mahanty became a judge of Orissa High Court in 2006, and he became a hotelier in 2009. Activist Jayanta Das broke the story on 8th August with documentary evidence given by judiciary whistleblowers. Kamyab TV, an Oriya TV channel, held a panel debate on this issue. In our press release issued three days ago, we asked whether it was ethical for any high court judge to be a businessman.
Justice I. Mahanty maintained a stony silence but on his behalf, the management of his hotel, The Triple C, issued a denial in The Indian Expresson the same day as our press release. The Triple C Hotel's press statement contradicts the signed affidavit of Justice I. Mahanty himself, and it actually makes this high court judge's actions look totally mysterious!
MYSTERY #1. The Indian Express story says, "A spokesperson of Latest Generation Entertainment Pvt Limited (LGPL), which entered into a 15-year pact with Justice Indrajit Mohanty, clarified that lease/rent agreement for “Triple C” was signed in August, 2007. Chartered Accountant of LGPL R Sharma said possession of the property was handed over to the company in 2009 and it has been running the hotel ever since. LGPL has been paying lease rental for the premises after accounting for the income tax." And later on, it says, "Besides, the accusations that working capital had been availed for running hotel were found to be untrue as neither LGPL nor Justice Mohanty had taken any. Instead, a term loan was secured in 2007 for construction of the building. Application for an additional term loan was made in 2009 which was approved later in the year by State Bank of India."
But this begs the question: Why is Justice Indrajit Mahanty servicing a working capital loan of Rs 2.5 cr from State Bank of India, which he took in his own name in February 2009? Read SBI's loan sanction letter issued on 16th Feb 2009 in the name of Justice Indrajit Mahanty himself (and not in the name of Latest Generation Entertainment Pvt. Ltd.) See below image:
Also, why is Justice I. Mahanty (and not the hotel management company) withdrawing and repaying lakhs of rupees every month? Read the bank statements showing drawals and repayments as recent as May 2015. See below image:
If not from The Triple C Hotel, from what source of income does Justice Indrajit Mahanty pay amounts like Rs 2 lakh every month? And if not for working capital of the hotel, for what purpose does Justice I. Mahanty withdraw lakhs of rupees every month? Will his lordship kindly clarify this?
MYSTERY #2: The Indian Express story says: "Contrary to the allegations that Justice Mohanty got record of rights of the land in 2006, available documents revealed that the land on which the hotel is located was purchased on October 16, 1981 by Barrister Ranjit Mohanty for his son, Justice Mohanty."
In that case, did Justice Indrajit Mahanty tell a lie in his affidavit? Why did he state, "That I have obtained a plot of land by way of Court Decree from the Court of the Subordinate Judge, first Court, Cuttack, in Title Suit no. 297 of 1981" Why didn't he mention anything about purchase of land by his father Barrister Ranjit Mahanty? See below image:
The Indian Express story concludes by saying: "Sharma said the attacks on the hotel are not only baseless but also motivated and have adversely affected its functioning."
Mr Sharma, do you really imagine that any of this is about the hotel? Oh come on, get real! It's not about The Triple C Hotel, and no, it's not about one over-privileged person named Indrajit Mahanty either. This is about the judiciary and its functioning, and the fundamental right of 1.3 billion citizens of India to be served by judges who are genuinely impartial and unbiased.
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Posted By Sulaiman Bhimani
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:
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.
“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.
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.
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.
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.”
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.
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?
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
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