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Horizon Green (Borivali East) has invalid OC and Inadequate Drainage built without authorization

Mumbai, 26th December, 2016: Mumbai Police recently filed FIR against K Raheja's Palm Grove Beach Hotels Pvt Ltd.Reason? Violation of Town Planning Act by unauthorized construction of a drainage line in November-December 2015.Many months earlier, Palm Grove misled MCGM into giving Drainage Completion Certificate and  Occupation Certificate(OC) for their new building Horizon Green without drainage. To make up the lacuna, the developer belatedly built a drainage line going uphill. That's right, uphill!
The Deputy Municipal Commissioner's remarked on 5th January, 2016, "Validity of issue of occupation certificate dated on 18.4.2015 is doubtful".  If any flat-owners take possession and come to stay in their flats, they are in for a rude shock.When they start having baths and flushing toilets in sufficient numbers, their sewage will overflow.
See level difference in two blue circles in this drainage plan
Near the building, the drainage is 102.926 metres above mean sea level. Further down the line, the level is 105.862 metres – three metres higher, i.e. up the hill. The explanation given by K Raheja's CEO, M D Chande, is that "adequate slope is available between the last chamber in the building and the manhole on Municipal road to which the line is connected is confirmed by emptying water tanker in the last chamber in the presence of municipal staff." However, Mr Chande steadfastly refuses to back his claims with any figures i.e. metres above sea level, degree of slope, etc. Home buyers should remember that a slope of one foot per ten feet of length is needed for sewage sludge to flow; otherwise silting, stagnationand overflow are bound to happen.
Mr Chande alleges that as their neighbours deliberately blocked the old drainage line, he was forced to build the new uphill drainage.
Mr Chande claims that MCGM's Assistant Engineer - Maintenance gave NOC dated 20th November 2015 for the uphill drainage line without requiring the builder to submit any plans or diagrams.
"Why seek NOC from Maintenance department? Why not Building Proposal department?" we asked Mr Chande. His reply was that after giving OC, Building Proposal has no further jurisdiction. So he was forced to approach Maintenance Department. But  MCGM disregarded the Maintenance Department NOC and issued instructions to prosecute Palm Grove Beach Hotels for "unauthorized lying of sewer pipeline and drainage work". Read MCGM's Designated Officer's sanctionto prosecute.
DMC's remarks
MCGM's Deputy Municipal Commissioner wrote an office memo in January 2016, titled "Full Occupation Certificate issued... without completing all necessary works in the building". The DMC wrote: "It is reported that Building Proposal Department have given full Occupation Certificate to Building No. 6 on 18.4.2015... It is seen that now developer has started the work of laying drainage line. Designated Officer R/Central Ward had issued stop work notice on 9.12.2015... This clearly shows that before issue of occupation certificate, the drainage work was not completed." See the screenshot below.
The DMC's memo can be read at: http://bit.ly/KRaheja2
Catching small fish & setting the big ones free
The Assistant Police Inspector's statement prior to FIR mentions the mukadam Ramesh Kishan More, "Manager" Mr Chande and supervisor Virendra Dube. Read the statement: http://bit.ly/KRaheja4
As always, even while filing an FIR, the authorities catch unimportant minions and let the bosses go free. So, who were the persons named in the FIR? Not the directors of Palm Grove Beach Hotels and note even theproject's architect. At first, FIR was registered against Mr Chande and Mr Virendra Dube, a site supervisor working on contract basis. Here's the screenshot.

Later, the FIR was further diluted by removal of Mr Chande's name with white ink, and its replacement with Mr Dube's name, evidently because they represented to MCGM that Mr Chande, CEO, is "not concerned in this matter". So Mr Dube's name is mentioned twice in the same sentence. See the screenshot below:
So the blame for this multi-crore rupee fraud is being pinned only on a site supervisor who has zero discretionary powers and only follows orders. One is reminded of Justice S J Kathawalla's recent reprimand to EOW in a case concerning a builder... someone drags Palm Grove before Justice Kathawalla!
Krishnaraj Rao
Read K Raheja CEO's detailed rebuttal to this press release.
Sulaiman Bhimani


Yesterday, I wrote about Naina Singh's death and how the police conspired to deny her mother avenues of justice by denying her an FIR. The FIR is a first information report. It is the basic record that your problem has been received. It is a basic right. Read this document to understand FIRs better.

In addition to this, The Supreme Court has specifically stated that FIRs must be filed and for the police to refuse to do so would result in the refusing police officer to be arrested.

In spite of this, Naina's mother, Malti was repeatedly refused. The police dismissed her with increasing rudeness. A mother was left struggling for her daughter's unlawful death to be acknowledged rather than grieve her personal loss.

Naina's mother has a rough deal. With her husband ill, she has had to face difficult times making ends meet. In addition to that, there were demands for dowry which she could not afford.

In the meanwhile, among relatives shocked with this callousness was a young man in London working for an MNC... Jeet had seen his aunt struggle for years and admired her bravery in fighting all odds to support her family and he was frustrated with this utter callousness in the attitude of the police.

Knowing the power of social media, he took to Twitter and started tweeting all the information on the incident that he knew, and approaching various personalities in the hope of drawing media attention to this miscarriage of power.

It worked. One of my followers came across his tweets and forwarded them to me. Similarly other tweeple came across the tweets and we all, in our own ways magnified his voice, contacted people who could verify the story and help his aunt out.

However, it was late at night and some miscommunication delayed the identification of Jeet's aunt. Finally, yesterday afternoon, we got the information and Tehelka immediately sent a journalist to accompany his aunt to the police station.

Ghaziabad SSP of Raghuvir Lal, whom Malti met, told TEHELKA, "An FIR cannot be lodged because this might be a case of natural death. It should have been filed before the cremation so that a post-mortem report could have been filed."

This was beyond bizarre. What do they do for missing women? How can't an FIR be filed? The police initially refused to file an FIR again, but the reporter and Naina's mother refused to move out of the police station without the FIR in hand.

Soon after that, we received an update from @karunajohn that the FIR had been successfully filed and that a copy of it was with the mother.

Soon after this, Tehelka published its article covering this story.  To quote from the article

According to IPC Section 304B, "Where the death of a woman is caused by burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called "dowry death". Such husband or relative shall be deemed to have caused her death."

@karunajohn confirmed that investigations would proceed along the lines of a dowry murder. We heaved a sigh of relief.

However, as the day went on today, I had started to feel increasingly uneasy over the lack of any news about the in-laws being arrested. If an FIR for dowry related murder was filed, how was it that no one was arrested?

The first sign of a problem happened when Sumit Nagpal shared on Twitter that he had spoken with Naina's mother and that it sounded like she had made a complaint and not filed an FIR. It confused matters for a while, because we thought there was a misunderstanding.

I shared the link to the Tehelka article for reference.

This was the doubt nagging me all day. Why hadn't the in-laws been arrested and child given to Naina's family? Surely and FIR for murder would mean a non-bailabile warrant? But there was no mention of Naina's in-laws being arrested.

In the meanwhile, the rest of the background of dowry pressures by Naina's in-laws was known from the Teheelks article. Equally scandalous and scary was Jeet tweeting that Naina's mother had been told on earlier attempts to file FIR that she would get custody of the one year old baby if she didn't file an FIR.

In the meanwhile, her husband's family told Tehelka their version. The mother-in-law says they did not ask for dowry. She lists a whole list of things Naina didn't give. Were they an unfulfilled expectation or simply common examples of dowry? We don't know.

Her husband said that she had been suffering from TB and had been cured a few months back, but had started getting fever again. Her mother says that she spoke with her daughter and she sounded ok. Would her health deteriorate that rapidly from TB? I don't know. It could also be some other health complication that came up. Without the body, that is impossible to know.

Here is Tehelka's video of their coverage of this case:

In my communications with Jeet, he mentioned several times that neighbours will vouch for seeing marks on Naina's neck as well as bribing police officials.

I am not saying that the in-laws ARE guilty or not. That is a matter of investigation, but the real concern here is that an FIR is not filed at all for such a serious allegation. Our laws are clear on this - the FIR should be filed any time it is requested. The time lapsed after death can't be a refusing factor. Yet, in the video, we hear the inspector clearly refusing to file an FIR because without the body they can't do a post mortem.

Hmm... so all a murderer needs to do to get off scot free is to cremate the victim and the inspector will not investigate? Is that what the inspector is saying? I see the inspector as an accessory to the murder in that case. Should he be handling it at all?

This was looking shadier and shadier. I suppose the real question was if the police had the audacity to fake off some paper to get rid of the aunt and journalist and STILL avoid filing an FIR!

The confirmation that the paper indeed was an FIR is in progress. I will update here as soon as I know. [updated below]

In the face of all this confusion, I called up Malti Singh herself to ask her about the status of the FIR and other information that seemed missing.

She says she had a complaint that was stamped and recommended by the SSP for further investigation, but no FIR. The paper that the police gave in the presence of the Tehelka team was apparently an acknowledgment of receipt and they snatched it back from her once the reporter left.

It is clear that an FIR has not been filed - pretty much like Sumit Nagpal raised the alarm.

Malti Singh is also very concerned about the well being of Naina's son. She fears that he may come to harm from the in-laws out of anger. The police are not interested in following up on this either.

I asked Malti Singh about the death certificate - if she knows anything about that - generally you need a death certificate when cremating a body. She said to her knowledge, there hasn't been any death certificate at all, but after cremating her, on the next day, the in-laws got some small time doctor to write that she had been ill. According to Malti Singh, her daughter did not have TB and had not been ill and was in good health.

Malti Singh repeatedly asked me to arrange for the safety of Naina's child and to get her justice. She thinks the child is not safe. Over and over, she asked me that if I really wanted to help her, to do something to protect the child.

I also asked her about the earlier tweets of Jeet - about neighbours seeing marks of strangulation on Naina's neck. She says there were purplish marks both on her neck and wrists. She did not see them, but several neighbours told her and she wants the police to hear this, but they are refusing.

She said that the police have been bribed to ignore the case. I asked her if she knew this for certain or if anyone had seen it or told her, she says no. She concludes this from the changes in the actions of the SO.

The first time she went there, he had listened to her attentively and reassured her that she had a right to file the complaint any time. She suspects that they wasted her time and then approached the in-laws for a bribe to get them off the hook. It is unclear why the FIR was not filed in the first visit itself when the SO was being agreeable.

Things changed from the second visit. The SO dismissed her, told her an FIR can't be filed and to do what she wanted to do, but nothing would be done about the case. He threatened to throw her in prison too. Regardless of all else... this seems to be a very strange tone to take with a mother who has just lost her daughter.

Malti had approached the SSP who recommended that her complaint be investigated. She was called to meet him again yesterday, but he is out of town now. She is supposed to meet him next on Friday.

I am not an investigator, and I am not a journalist. I am not claiming to say who is right and who is wrong, but it is abundantly clear that even with a journalist putting pressure on the spot, the police have clearly wriggled out of filing an FIR - in contradiction to our country's laws, in contradiction to explicit directions by the Supreme Court.

In my limited capacity as a blogger, I am only reporting things exactly as I heard them without making any claims or confirmations of my own. But this thing needs told.

There seems to be a massive effort to silence this whole thing. Which means that we must hold it up and support Malti Singh in getting justice for her daughters death through proper procedure.

Because this kind of impunity is dangerous to us all.