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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?

1

I met kavitha during my visit to Pandharkawada village, Yavatmal district, Vidarbha 

This is the story of Kavitha, who is a mother, a babhi, a daughter, a wife, a homemaker, now a farm widow turned farmer in the capital of India, Vidarbha and she is just 27 years of age. Despite the gravity of the situation, she spoke with great confidence and she spoke with an infectious smile.

The mother:

Manasi, her 8 year old daughter, was very happy since it was the Independence Day and she wore her favorite 10 Rs tri-colored hair band.

The 2 year old daughter was home with her in laws.

The mother also told how she draped her daughter with a tri-colored saree and when how when Manasi entered the class room everyone would say "Look Bharat Mata is walking into the classroom".

The Bhabi:

Bhabi was very worried about her 15 year old brother-in-law because he wasn't getting any work. He only had 2 pairs of dresses which he carefully juggled through. He would be very calm and very quiet, often refused to take part in any social gatherings or any celebrations. He didn't have any footwear, which was one reason why he was feeling very shy to move around. Bhabi was very happy when they managed to buy a pair of chappals for Rs 100.

The daughter:

Her parents were working as landless laborer s and their income these days isn't consistent. They have work only on a few days. Her brother is also looking for a job. She is worried about her brother as well who is looking for a job.

The homemaker:

The kids school expenses aren't that much. The books, uniforms etc. cost about Rs 500 a year. It's the other expenses that add up to about Rs 3000 or so.

The wife:

Kavitha finished her 12th grade and after her marriage had discontinued her studies. Her husband was very troubled and increasingly frustrated over his helplessness and his never-ending debt situation. He had shared this with Kavitha as well but she could not anticipate that her husband would take such an extreme step.

The farmer:

3 acres of land is all she has on which she cultivates cotton and soya bean. There is an outstanding loan with the bank which hasn't waived yet. The price of cotton in the market isn't guaranteed and there has hardly been any rains adding more trouble to the already troubled situation.

There have been many Kavitha's before, many Kavitha's now and unfortunately, if no intervention, there would be many more.

  
If we blame the politicians for being indifferent, then we are to be blamed equally, for we are indifferent to their sufferings

If we blame the govt for being ignorant, then we are to be blamed equally, for we are completely ignorant of their sufferings.

If we blame the govt for not having the will to solve the crisis, we are to be blamed equally, for we never had the will to question and hold our ministers responsible and accountable.

9

There was a interactive panel discussion in Mumbai WTC on the 29th of January 2015 organized by World Trade Centre (WTC) and All India Association of Industries (AIAI) in collaboration with the Indo-France Chamber of Commerce and Industries (IFCCI). It was to discuss ‘Smart Cities in India: Reality in the Making’.

Dignitaries on the stage included Mr. Sanjay Sethi (IAS) (Additional Metropolitan Commissioner-I, MMRDA), Ms. Laura Prasad (Secretary General, IFCCI), Dr. Laveesh Bhandari (Founder and Chief Economist, Indicus Analytics Pvt. Ltd.), Mr. Vijay Kalantri (President, AIAI and Vice Chairman, MVIRDC WTC), Mr. Shankar Aggarwal (IAS, Secretary, Ministry of Urban Development Government of India), Mr. Dilip Shekdar (Chief Architect, Naya Raipur Development Authority), Mr. Ravi Kant Malhan (Director, Head Business Development:  Smart Cities and Special Projects, Schneider Electric India), Capt. Somesh Batra (Vice Chairman, MVIRDC WTC) and  Mr. Abhishek Lodha (Managing Director, Lodha Group).

A journalist, Shruti Ravindran who had attended it, tweeted a photo of a shocking quote from a brochure 'Smart Cities in India: Reality in the Making' released during this event.

Smart cities that exclude the poor
Smart cities that exclude the poor

 

The quote in the above photo says:

...There are only two ways to keep people out of any space - prices and policing. In other words, the prices will automatically be higher in such cities - the notion that they will be low cost is flawed. Even if possible from a cost provision perspective, they cannot be low cost from a demand supply perspective.

Even with high prices, the conventional laws in India will not enable us to exclude millions of poor Indians from enjoying the privileges of such great infrastructure. Hence the police will need to physically exclude people from such cities, and they will need a different set of laws from those operating in the rest of India for them to be able to do so. Creating special enclaves is the only method of doing so. And therefore GIFT is an SEZ and so will each of these 100 smart cities have to be.

(excerpt from an article by Laveesh Bhandari, Founder and Chief Economist at Indicus Analytics Pvt Ltd)

So let me get this right. The government will be used to empty land to build smart cities in the name of developing the country. It will be called "inclusive development". And the smart cities built on this land will be for the rich - by design. And we are talking of a hundred cities, displacing god knows how many people. The police of the land will be used "on the tax payer's money" (as these hotshots like to call it) to keep the poor out of these cities using laws OTHER THAN INDIAN LAWS.

Am I the only one being reminded of Arundhati Roy's infamous quote that earned her the anger of the oh-so-innocent middle classes? Here it is, if you don't remember. And she said this in 2007.

We have a growing middle class, being reared on a diet of radical consumerism and aggressive greed. Unlike industrializing western countries which had colonies from which to plunder resources and generate slave labour to feed this process, we have to colonize ourselves, our own nether parts. We’ve begun to eat our own limbs. The greed that is being generated (and marketed as a value interchangeable with nationalism) can only be sated by grabbing land, water and resources from the vulnerable. What we’re witnessing is the most successful secessionist struggle ever waged in Independent India. The secession of the middle and upper classes from the rest of the country.

~ Arundhati Roy

This could be considered the impractical fantasy of rich men (albeit very rich men and sponsors of the ruling party behind this government), but the brochure also carries an introductory message from Shankar Aggarwal, IAS, Union Ministry of Urban Development, GOVERNMENT OF INDIA, not to mention him being personally present there and meeting journalists on the sidelines to announce the Framework for 100 smart cities to be ready by February.

Framework for 100 smart cities to be ready by February says Aggarwal - Moneylife
Framework for 100 smart cities to be ready by February says Aggarwal - Moneylife

Here are some relevant excerpts from the brochure including the message from Shankar Aggarwal, the program schedule of the event, including names of speakers, the profile of the author Dr. Laveesh Bhandari, the article itself, and another article on GIFT, which is referenced in this article as a model. Excerpts from Smart Cities in India: Reality in the Making

Given the opaque manner in which this government operates, as well as dramatic undermining of protections of local interests and environment through ordinances, such views should be a cause of alarm for citizens, if the much heralded development is going to actually be displacement on a massive scale, disenfranchisement of local populations and their explicit exclusion from the "growth story" while the rich use the country's power to get land for their shangri-las, use the country's resources "24/7" (can this ever be promised to those who will be displaced to create these "enclaves"?) and use the country's police force to protect what will essentially be elite facilities barred to the common masses through special laws created to protect the elite.

I imagine, the elites will also only be paying for their actual residences and the cost of creating these havens for them will also have to be borne by the country.

Is this development or colonization of India by the rich? The Gujarat model is all set to exploit India as well. All we need are new signboards, "Poor citizens and dogs not allowed"