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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 
9323642081
Sulaimanbhimani11@gmail.com

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.

2

Suicide is a taboo subject for conversation. Particularly what makes a person want to commit suicide or what to say in the face of their pain.

“A man devoid of hope and conscious of being so has ceased to belong to the future.”
― Albert Camus, The Myth of Sisyphus and Other Essays

Suicide is a subject almost everyone has thought of at some point or the other. Almost everyone has wondered what it would be like to end our own life or how it could be done without confronting the great fear - pain, suffocation or other discomforts. Yet suicide remains a taboo subject. The feelings behind suicide. What makes someone commit suicide. We can talk statistics or prevention or helplines, but in the face of actual pain that drives a person to suicide, we have no skills. There is a difference between contemplating suicide and planning to commit suicide. An important one. The first is a fairly common and natural response to unbearable negative emotions. The other is an irreversible action.

I admit I have often considered suicide. I have written about suicide before too. From a perspective of statistics, from a perspective of understanding widespread distress needing political answers, from a perspective of empathy when I read about suicide, from a perspective of failing to support and grieving when someone I know commits suicide and I have also considered suicide as an option to end my own life when I was very sad. Yet, whenever I have tweeted about the subject, I have immediately got responses that amount to stopstopstopstopstopstopstopstopSTOP! It is so immediate that it would be hilarious if the subject were not grave. I have got helpline numbers as replies, I have got advice to not let dark thoughts enter my mind.

Hello! I write and tweet and comment and contemplate issues of human rights abuse. How in the world can one do that without having any dark thoughts? If I were planning to commit suicide, why would I be tweeting instead of finding myself a rope? I understand that it can sometimes be a cry for help by a distraught person, but if the rest of the words are perfectly normal, where is the harm in reading to find out what is being said?

Because here is the thing. Even if a person were tweeting about suicide publicly as a last ditch call for attention and help, the last thing they'd need is to be told to shut up or a sea of platitudes. What they would be needing is an empathetic listener who cares.

What exactly is this fear of talking about suicides?

“The thought of suicide is a great consolation: by means of it one gets through many a dark night.”
― Friedrich Nietzsche

I admit I have spent a great deal of time contemplating committing suicide over the years. As in killing myself. I have been in unhappy relationships involving heartbreak, I've been in an abusive marriage with an alcoholic, I've been a broke single mother of a disabled child. Despair and depression are no strangers. And yet I am here, typing this post.

I have actually found thinking about suicide in great detail helpful. Instead of fearing the pain of death (and thus possibly taking a rash step "while I have the courage" maybe after a glass or two of vodka), I've gone and researched methods of suicide. What would cause the least pain? What are the consequences of failure? What is the best method so that it causes least pain and least risk of failing and living with permanent damage? And anyone who knows me knows that when I say research, I mean obsessive information finding till I am convinced I know the subject in and out without actual experience. Enough to make a very well considered decision. On and off, when I'm in utter despair, I've gone and rechecked all the information. And yet here I am, typing all this.

Is this a guarantee I will never commit suicide? No. But it pretty much guarantees that I have given it thorough thought and not found it a better tradeoff for now. It guarantees that if I do it, it will not be a thoughtless impulse, but a decision I take about my life after considering all options I have.

So how has contemplating suicide helped me?

By giving me an option. By giving me an exit from the pain. By giving me the concrete information that if all this gets unbearable, I still have the option to exit. In the process, a miracle happens. I am no longer cornered by my despair. I always have the cheat route out. And because I know that, I am never out of options. I lose the fear of making attempts to change my circumstances that could fail.  Just allowing myself to spend time thinking about ending myself is a catharsis. If no one else, at least I am acknowledging how bad things are. I am listening to myself. It helps me feel heard. It gives me a vocabulary for describing my situation when asking for help. No, I don't mean "I am suicidal, help me or else." I mean "This, this and this is the reason for my despair. I am not able to see functional ways out. I need help." - because hello, I've gone through all the reasons in my contemplation and have them now sorted out in my head.

And sometimes, in a very cynical way, the contemplations have saved me. If I don't care whether I live or die, why not try this one last thing or the other? If I hit a dead end, I can always die.

“Killing myself was a matter of such indifference to me that I felt like waiting for a moment when it would make some difference.”
― Fyodor Dostoyevsky, The Dream of a Ridiculous Man

Here is an example how. When I was younger, my emotions were more volatile. Taking what I felt seriously and giving it serious thought helped me see things more clearly and invariably, I ended up thinking that if there was any hope, I could use it and if there wasn't, well, I could always die. But the well thought out option being there and not at any threat of being taken off the table gave me the confidence to know I could opt for it any time and there was no need to do it right now. I could afford to wait and see. I am truly grateful no one immediately tried to stop me at such times, or I'd have been tempted to use the opportunity before someone blocked it from me.

Now I am older. I have a young disabled child. Whoever knows me knows that I'd chew my arm off before I allowed anything to harm him. Well, losing a mom would definitely harm him. So suicide is totally not an option any more. At least while he is alive. He needs me. Period. Again, if I hadn't thought this through, I could have been at risk of giving up without considering the impact.

In some of my more selfish and melodramatic ways, I've even thought "What will be, will be" If I am not there, someone or the other will care for my son, though I can't imagine who, right now. But then, in such a melodramatic moment, the desire is also to leave a lasting mark on the world when I die. And oops, it is not "orphaned kid in moment of despair". I'd like to be remembered for something better, thank you very much.

Whatever it is. Others may have their own reasoning. Still others may come to a well considered decision that suicide is actually a good choice for them, When my father was dying of Parkinson's, he had the option of looking forward to an indeterminate bed ridden existence with little control over his body, being bored out of his wits and too exhausted to do anything about it but to wait to die. He begged me to kill him almost every week. It is illegal and I have two more dependents, or I would definitely have arranged for him to be freed as per his will if it were legal. Others do it out of poverty. Starvation. When the alternative is to live in debt and watch your family suffer with no hope of ever providing for them in sight, it can be a brutal life to look forward to, and death may simply be a matter of running out of the ability to fight.

“Let them think what they liked, but I didn't mean to drown myself. I meant to swim till I sank -- but that's not the same thing.”
― Joseph Conrad, The Secret Sharer and other stories

Whatever it is, however it plays out, a suicide is not about dying or exiting the world, it is about escaping unbearable torment. A person who feels unheard and uncared for, is unlikely to respond to a panicked flood of platitudes that s/he has heard a hundred times that drowns their voice all over again, even in the contemplation of death.

How agonized we are by how people die. How untroubled we are by how they live. ~ P. Sainath

My suggestion is that we all examine what this fear is that stops us from listening on hearing that word. Because the lives of many around us could depend on how we respond to their pain. If someone has made a well considered decision to die, there isn't much we can do about it, but if someone is screaming into a void of despair, perhaps us offering a listening ear will give them the space to be heard, and in the process get a clearer view of their situation.

What do you think?

My friend Haresh Raichura wrote an interesting post on the power of attention to magnify things. You can read it here: New Laws of Science about Which We Are Not Ready Even To Listen

Apart from it being a subject of my interest, it mixed several concepts to come up with ideas that were worth talking about. Some of them, I bring up here.

Scientists say that, from the day they measured distance between Earth and Sun, the distance has started increasing. ........In same way everything they measured, started growing and expanding.

In my opinion, you misunderstood what was being said. Esoteric meditation and visualizaiton types often speak of the universe expanding. What they mean is that your awareness is expanding, and this must not be taken literally 😀 Though the physical universe is expanding in a measurable, physical way. It will expand pretty much in the same way whether you measure it or not. This is not the distance between earth and sun which is one Astronomical Unit and varies only slightly depending on the position in orbit. It does not increase with measurement. Nor does the size of the earth as such, though there is evidence of a very, very slow change of shape.

Whatever you focus on, expands: Or rather it takes up more space in your reality. The principle of Appreciative Inquiry. We notice more of what we are looking for would be a more accurate way of putting it. If there are 50 red and 50 blue dots in a square, asking you if red are more will make that seem true, asking if blue are more will do the opposite. This is about perception. The number of dots doesn't change, we register more dots. If thinking of wealth and poverty were to create those, we wouldn't still have our crisis with poverty, because this phenomenon has been observed for quite a long time now. We could simply make teaching thinking rich a part of education and be done with it.

However, there are times when it works to create change. It is also formalized into a method for creating change called Appreciative Inquiry, which magnifies the life giving forces of a [human] system. This uses several behavioral peculiarities - we are constantly responding to things, and responding on a same level. If I say "apples" - you may think/say "oranges/fruit/red" for example, but are unlikely to think "cement, alligator" It is how our process of recall works. Input triggers associated thoughts in our brain.

To form a rational/coherent response, we also are accustomed to responding in a similar way. For example, if I say "What is the time?" you are likely to tell me the time, or say that you don't know, or ask about the date, etc" Maybe follow that with something about you being in a hurry or having free time, or some model of a watch, etc. You are unlikely to say "Deep sea diving has unique safety concerns" - it isn't logical.

So, in a way, what I ask has an influence on what you think and say. If I ask "do you like your new office?" you think one thing and if I ask "what is your new office like" it makes you answer in a slightly different way - even though on one level it is the same question.

So this "think about what you want and it will increase" kind of logic, in my opinion works to create that perception, but if you want it to show results, then that is possible only where your change in perception is sensed by the environment around you and it changes the responses you get. For example, if everyone in you office is irritable and intolerant and defensive, and you start speaking in a more abundant, non-combative way, it will trigger changes in the office. However, your observations about scams and crime are not correct, in my view. You have no direct ability to influence the actions of those generating those statistics. In that case, I don't think whether you look at them or not will cause a difference to the number. Not looking at them will take them out of your awareness and you will think that they don't exist or that things are better now - which is a great goal in itself for things you have no power to change, but the media cannot and should not ignore.

We ignored farmer deaths and India was shining, but a quarter of a million farmers have committed suicide. We ignore poverty and think of India as an emerging superpower with world class facilities, but that doesn't change the fact that a majority of our population leads hand to mouth lives even now. It was our perception that changed. We did not register the poverty or agrarian distress, so to our understanding of India, those things didn't exist. It is the same with scams. the scams we are discovering now have been perpetrated way before we thought of this experiment. The scam has happened. All we can change is our perception of it, not the reality.

But this is strictly my view of the matter, and there are other things that imply the possibility of the unconscious mind to have a greater impact on the world manifested than we imagine. Like getting a pain in a physical part of the body due to emotional trouble, or who knows... the unconscious is a realm we can only guess at at best as we touch a sliver of its surface.

I admit that I have encountered happenings that seem to be related on an unconscious level, but I couldn't figure out how. I am not able to rule out the possibility that there are ways in which the unconscious mind manifests tangible and measurable changes without behavioral involvement.

So what I am saying is that even if we look at the part that is true, it takes carefully crafted changes or questions to trigger change outside the individual.