Saturday, July 27, 2013

Oxford of the east goes Taliban way

The way university of Pune (UoP) has imposed several conditions, it seem that UoP has decided to go Taliban way. Henceforth students of this university, whether in campus or anywhere else would not be allowed to enjoy his constitutional rights? In a recent circular, it has imposed as many as 28 conditions on students, whatever of the age he or she may be. The way circular has been drafted, it appears that UoP will soon be introducing its own police force and judicial system.

One of the obligations on the students is, student shall not lodge any complaint or make any representation regarding any matter connected with the institution to press or other outside institution/agency etc. without forwarding the same through the Head of the concerned institution. That means if anything wrong happens to the students he/ she is not allowed to enjoy any constitutional rights available to him /her. Even if student has any grievance about institute or person of institute he / she cannot tell it to parents, for that he/ she has to rout the complaint through Head of the department, because representation to outside institution or agency is not allowed. That means students of the UoP cannot enjoy even rights available to children of this country

Most funny part of this circular is, UoP is going to consider, Possessing or using any firearms, lethal weapons, explosive, or dangerous or corrosive substance on the premises of the Institution. As well as Possessing or consuming any poisonous or stupefying drugs or intoxicant or tobacco or Ghutaka smoking or alcoholic beverage in any form in the Institution a misconduct and /or indiscipline. In addition, if found guilty UoP will penalize student with fine of Rupees five thousand.I guess this will be the welcome news for Underworld. All the institutes affiliated to UoP will become storage place for firearms, lethal weapons, explosives etc.,  with no fear of police , Indian penal Code , investigating agencies or courts. Just pay the fine of 5000 rupees and enjoy.

More over UoP has prohibited Use of mobiles at classrooms/ laboratory/ library and  Use of Hot plates, Electric Iron, Tea/Coffee making machines, Water heating coils , radio, non-academic use of computers & Laptops. As this was not enough all the rules in this circular are applicable to external students also. It has not been made clear in the circular what will be the penalty if external student found watching movie with spouse. Students are also awaiting clarification on whether these rules are applicable to them only or staffs are also covered?

 Any way reproducing the said circular for your comments, 

CIRCULAR NO. 177 OF 2013
lt is hereby notified for information of all concerned that the amended Ordinance 157 as regards maintenance of discipline and good conduct by students has come into force with effect from 01.07.2013.

Ordinance 157: Maintenance of Discipline and Good Conduct by Students:

[Under Section 5 Sub Section (6) and (28) of the Maharashtra Universities Act, 1994].

1. Every student, during term of the course, shall be under disciplinary jurisdiction of the Competent Authority, which shall take appropriate action, in case of indiscipline / misconduct on part of the student. The Ordinance has come into force w.e.f. 01.07.2013.

2. Definitions: In this Ordinance unless the context otherwise requires,
(i) ‘Student’ means and includes a person who is enrolled as such by the University, Afliliated College, or Recognised Institutions for receiving instructions and or qualifying for any degree or diploma or certificates of the University.
Note: This includes External Students also.

(ii) ‘Institution’ means and includes University/Affiliated College/Recognized Institutions, as the case may inclusive of Campus, Hostels, Play-grounds, Laboratory, Libraries, Gymnasium thereof.

(iii)Competent Authority’ for the purposes of the ordinance means and includes Head of the Teaching Department of the University, Principal of the Affiliated College; Head of the Recognized Institution, Chief Rectors of the University Hostels for the concerned students as such other persons, vested with the authority by Vice-Chancellor for external students. Provided in respect of mis-conduct regarding University examination, Executive Council shall only be the Competent Authority.

3. Obligations of the Students: Every student, shall all times,

(i) Conduct him self properly
(ii) Maintain proper behaviour.
(iii) Observe strict discipline both within the campus of the institution, Hostel and also outside, in Buses, Railways Trains or at public places, or at Picnic on Educational Trips arranged by the institution or at Playgrounds.
(iv) Ensure that no act of this consciously or unconsciously bring the institution or any establishment or authority connected with it into disrepute.
(v)Shall not lodge any complaint or make any representation regarding any matter connected with the institution to press or other outside institution/agency etc. without foiwarding the same through the Head of the concerned institution.

4. Any act of a student which is contrary to the provisions of clause (3) shall constitute misconduct and/or indiscipline, which terms shall mean and include, among others, any one or more of the acts jointly or severally, mentioned hereinafter, namely :

(i) Any act that directly or indirectly causes or attempts to cause disturbance in the lawful functioning of the Institution.
(ii)Habitual un-punctuality in attending lectures, practicals, tutorials and other courses as may be prescribed.
(iii)Repeated absence from lectures, tutorials, practical's and other courses as prescribed.
(iv) Canvassing for or accepting contribution or otherwise association himself with raising of any fund or any collections in cash or in kind in pursuance of any object whatsoever without the previous sanction of the Competent Authority.
(v) Occupation of any building such as, hostel room, residential quarter or such other accommodation in the premises owned or hired by the Institution, without prior permission from the Competent Authority.
(vi) Permitting or conniving with any person not authorized to occupy any hostel-room, residential quarter, or any accommodation or any part thereof of the Institution.
(vii) Securing admission in the Institution, to any undergraduate or post-graduate programme or any other course by fabrication or suppression of facts or information.
(viii) Obstruction to any student or group of students in his or their legitimate activities as such, whether in the classroom, laboratories, fields, playgrounds gymnasium or places of social and cultural activity within the campus of the Institution.
(ix) Suppressing material information or supply of false information to the Institution, for seeking any privilege.
(X) Possessing or using any fire arms, lethal weapons explosive, or dangerous or corrosive substance on the premises of the Institution.
(Xi) Possessing or consuming any poisonous or stupifying drugs or intoxicant or tobaco or Ghutaka smoking or alcoholic beverage in any form in the Institution.
(Xii) Ragging, bullying or harassing any student in Institution or outside thereof.
(xiii) indulging in any act as would cause annoyance, embracement to any other student, or member of the authority of the Institution, to staff member or any member of the family of the staff.
(xiv) indulging in any act of violence, assault, intimidation or threatening in the Institution or Hostels or outside thereof.
(Xv) Destroying or attempting to destroy or tamper with any official record or document of the Institution.
(xvi) Conduct, unbecoming of the student, at any meeting or special functions or sports and cultural activities arranged by the Institutions or at any other public place.
(xvii) Stealing or damaging any farm produce or any property belonging to the Institution, staff member of the Institution or any other student.
(xviii)  Instigating violence or participating in any violent demonstrations or violent agitation or violent strike in the Institution.
(xix) Instigating or participating in any gherao of any official or staff member of the Institution.
(xx) Violation of any of the Rules and Regulations of the Institutions or orders of the Competent Authority.
(xxi) Gambling in any form in the Institution.
(xxii) Disorderly behaviour in any form or any act specifically forbidden by the Competent Authority.
(xxii) Refusal to appear to give evidence before Enquiry Officer appointed by the Competent Authority with respect to a charge against hlm.
(xxiv) Any act violating any provision of the Maharashtra Universities Act, I994, Statutes, Ordinances, Rules made thereunder.
(xxv) Conviction, in the Court of Law for criminal offence, involving moral turpitude.
(xxvi) Any other act not specifically mentioned hereto before which, whether by commission or omission, as would in the circumstances of the case be considered by the Competent
Authority as an act of misconduct and / or indiscipline.
(xxvii) Use of mobiles at classrooms/ laboratory/ library.
(xxviii) Use of Hot plates, Electric Iron, Tea/Coffee making machines, Water heating coils , radio, non academic use of computers & Laptops

5. The Competent Authority may impose any one or more of the following punishment/s on the students found guilty or misconduct, indiscipline, in proportion thereof.
(i) Warning/censure/Reprimand.
(ii) Fine not exceeding Rs. 5000/-.
(iii) Cancellation of the scholarship] award / prize/ medal, awarded to the student by the concerned Institution, with prospective effect.
(iv) Expulsion from the concerned Institution.
(v) Debarring from admission to a course or courses of study in the concerned institution. Debarring from appearing for examination or examinations, conducted by the Institution concerned, for a specific period, not exceeding five years.
(vi) Cancellation of the result of the student concerned in the examination of the concerned Institution, in which he has appeared.
(vii) Rustication from the institution for the period not exceeding five years.

6.If the Competent Authority is satisfied that there is a primafacie case for inflicting penalties, mentioned in Clause N0. 5, it may itself or through other person/persons, authorized by it, for this purpose, shall make enquiry, in following manner :
(i) Due notice in writing shall be given to the student concerned about his alleged act of misconduct/indiscipline.
(ii) Student charged shall be required within 15 days of the notice to submit his written representation about such charge] s.
(iii) if the student fails to submit his written representation within specified time limit, the enquiry may be held ex-parte.
(iv) lf oral evidence of the witness against student is recorded by the Enquiry Authority, the student charged shall be given an opportunity to cross examine the witness concerned.
(v)  lf the student charged, desires to soc the relevant documents, such of the documents, are being taken into consideration or are to be relied upon for purposes of proving the charge or charges, may at the discretion of the Enquiry Authority, be shown to him after the notice as provided in sub-clause (I) above is furnished to him.
(vi) The student charged shall be required to produce documents, if any, in support of his defence. The Enquiry Authority may admit relevant evidence, documentary or otherwise at any stage before the final orders are passed.
(vii) Legal practitioner shall not be allowed to appear on behalf of the student charged, in the proceedings before the Enquiry Authority.
(viii) Enquiry Authority shall record findings on each implication of misconduct or indiscipline, and the reasons for such findings and submit the report along with proceedings to the Competent Authority.
(ix) The Competent Authority on the basis of findings, shall pass such orders as it deems fit.

7. Provided procedure prescribed above need not be followed and all or any of its provisions may be waived in the following circumstances :
(i) When the student charged admits the charges in writing.
(ii) When the order of punishment is to be based on facts which have led to the conviction of the student charged, for the offence involving moral turpitude.
(iii) When the student charged has absconded or for any other reasons it is impracticable to communicate with him.
(iV) lf in the opinion of the Competent Authority, a punishment or fine not exceeding Rs. 5000/ - or Reprimand Censure, Warning is sufficient.

8.If  the punishment of rustication is imposed on a student by Principal of the College] Head of the Institution/Head of the Teaching Department or such other person in whom the authority is vested by the Vice- Chancellor for external students, such a student shall be entitled to prefer an appeal to the Vice -Chancellor, if the punishment is imposed by the Vice -Chancellor, student shall be entitled to prefer an appeal to the Management Council of the University within thirty days of the receipt of the notice of the punishment.

9. in respect of such student, Head of the Institution shall maintain record of the punishment.

10.The institution shall, on each occasion of any punishment being imposed on any student, intimate by a letter, to be sent Under a Certificate of Posting, the fact of such imposition to the parent or guardian of such student on the address available in the college records.

11.A copy of these rules shall be supplied to each student at the time of his admission to the institution and a receipt for the same shall be obtained from the student. This receipt shall form a part of the record of admission of the student.

12.If any foreign student is admitted for any course, concerned institution shall send copy of the rules to concerned foreign embassy and department of external affairs.

13.Central Discipline Committee be constituted at University level, Separate discipline committee's for each department & Service unit be constituted under the chairmanship of Head.
14. Discipline Committee be constituted by every affiliated  college/recognized institution under the chairmanship of Principal/Director.
Ref. No. Law/2013/273
Date: 01.07.2013

Wednesday, July 24, 2013

Dear Members of Parliament, do not vote for any amendments to the RTI Act please.

Dear Member of Parliament,
I am writing this piece to you to voice my concern about a matter that is very important to me. There are reports in the media, that a bill is likely to be presented in Parliament to amend the RTI Act. The reasons being given publicly are that the CIC order declaring political parties as Public authorities, subject to RTI is bad in law. My understanding is that if an order, which is bad in law, is issued by any statutory authority, the correct process is to challenge it at an appropriate forum. The CIC order can be challenged in a writ in the High Court, and there are many instances of these orders having been quashed in Courts. None of the political parties has filed for a stay of this order, and now expects to amend the law in Parliament to justify and legitimize their defiance of a statutory order. With folded hands, I plead with you not to vote for this. Parliament makes the law. Once it is made, it has to be adjudicated by the appropriate statutory authorities. This is the Constitutional process. Defying a statutory order by anyone sets a wrong example, and leads to breakdown of the rule of law. After considerable discussion spread over months, and reference to a Parliamentary Committee this law was passed. It has been rated as the second best law in the World. Citizens cherish and value it immensely, since it codifies a very important fundamental right of ours.

The law has been used extensively and has uncovered certain arbitrariness and corruption. More importantly, it has empowered the individual sovereign citizen, who is today getting greater respect from many entities. The key principle in defining the bodies to be covered by the RTI Act was based on the movement’s slogan, “ Hamara Paisa, Hamara Hisab.” Hence all Government bodies were covered by the RTI Act and other Institutions which may be ‘substantially funded’ by Government were covered. This was the Act passed by Parliament, based on which the CIC has passed an order. I do concede that there is some reasonable scope for a different opinion on what constitutes ‘substantial funding’ and if the political parties feel that the CIC decision is flawed, they could challenge it in Court. Parties have said that they are being monitored by the Election Commission and the Income Tax department, and hence they need not provide information to Citizens. All Institutions including Parliament are legitimized to be intermediaries on behalf of ‘We the People’. None of these can replace the people of India.

Some worries have been voiced about how the political parties will be able to cope with the RTI queries. I might point out that many small NGOs and aided schools are complying with RTI without a major stress.

Subjecting themselves to Right to Information by citizens has not damaged any Institution in the Country. Some political representatives have claimed that they would not like to be questioned about their processes of decision-making. RTI only gives access to citizens to the records of a Public authority, and does not entitle the citizen to question the merits of the decisions. Besides there are ten exemptions in Section 8 (1) for information that need not be disclosed and these exemptions passed by Parliament have worked well, and not resulted in damaging any Institution since 2005. There is some recognition in most quarters that it is slowly leading to getting some corrections and improvements in Institutions and strengthening the hands of those who work in the spirit of Public service and probity.

It is true that there is a trust deficit between citizens and political leaders. RTI will overcome this, and lead to a better understanding of the working of various political parties. It will lead to citizens making a more informed choice of political parties during elections. Besides, it will promote better and systematic functioning of the political parties, once they subject themselves to monitoring by the people they seek to serve. I am sure you are concerned with the decline in the levels of probity in public service. This is an opportunity to reverse this and start the journey towards a more meaningful service of people. I am sure you are as concerned with the future of politics and your party in a decade from now, as I am. Let us work together for a better political democracy with a long-term vision for a better India. Please do not vote for any amendments to the RTI Act. If your party is not going to vote for amendments to the RTI Act, please state this publicly.

Vijay Kumbhar

Tuesday, July 23, 2013

PMC officers shy away from their duties

Recently I sent some photographs to some senior Pune Municipal Corporation (PMC) officers. It was evident from the photographs that some buildings have come up by encroaching upon the nalla in a prime location of Pune city .After sending photographs I called some officers and gave them the exact location of the encroachment. I thought they would act on their own.  However, nothing happened. Then once again, I called one officer and asked about what action they have taken. He said he would send his officers to look in to the matter.

After few days once again I called up that officer and asked what was the situation? . he bluntly said. Sir, please give an application mentioning your complaint so that we could move forward. I said, why should I give the complaint? . Isn't it your responsibility? I have given you photographs and exact location. From photographs it is evident that nalla has been encroached upon. You are duty bound to take action .Then why you need my complaint? . He had no answer.

It is my experience that PMC officers always try to hide behind someone. They don't dare to take action on wrongdoers. Hands in gloves with wrong doers may be the reason behind that. As real estate, prices are escalating sky high. Developers do not bother to encroach upon anything. Property buyers are always ignorant about this. They think that as the authority has given the permission everything must be legal, just, and safe. In addition, officer like in this case put in danger lives of innocent people. 

Tuesday, July 16, 2013

PMC's in camera public meeting

Few days' back there was a news that Pune Municipal commissioner (PMC) had instructed all Head of the departments to not to share any information with news reporters. After that, I had sent a sarcastic letter and requested him to restrict media persons as well as citizens from entering in to Pune Municipal corporation premises. Interestingly commissioner had forwarded that to additional commissioners for ' necessary action' .What action additional commissioners took on that letter nobody knows. However, it seems that commissioner Mahesh Pathak is very serious about keeping media away from all the affairs of Municipal Corporation.

Yesterday he asked media persons to get out from the meeting organized by Nationalist Congress Party MP Supriya Sule. The meeting was held to discuss issues pertaining to garbage, riverside road, and water. As meeting was related to civic issues, concerning the citizens Leader of the house in PMC Subhash Jagtap had instructed administration to allow anyone who wanted to attend it. That means meeting was public one. However, it seems that Commissioner wanted introduce new concept of 'in camera public meeting'.

Last time Pathak had clarified that the instructions were given only for policy-related issues and he does not mind officers speaking to the media. This time he has clarified that "In media’s presence, the participants only speak keeping the media in mind rather than discussing the real issues and it serves no purpose. That means only in camera meetings do serve some purpose. However big question is what and whose purpose do they serve? After Draft DP was prepared all the meeting were held in camera. Those meeting definitely did serve some purpose, and punekars know whose purpose they served. 

Last time I had sent following letter to PMC commissioner

 यापुढे कोणत्याही विभागप्रमुखाने आपल्या परवानगी शिवाय पत्रकारांना माहिती देऊ नये. तसेच, पत्रकार परिषद घेऊ नये,’ असे तोंडी आदेशआपण अधिका-यांना दिल्याचे  वर्तमानपत्रात वाचले. आश्चर्य मूळीच वाटले नाही  कारण आतापर्यंत पालिकेतील गोपनीयतेचे अनेक नमूने पुणेकरांनी अनुभवले आहेत. त्यामध्ये बांधकाम व्यावसायिकांना सहजगत्या उपलब्ध असणारा प्रारूप विकास आराखडा नागरिकांसाठी  गोपनीय असणे, काही नामवंताना भाडे कराराने दिलेल्या जागांचे करारनांमे सापडणे , वारंवार देशविदेश दौ-यावर  जाणार्-या अधिकारी आणि पदाधिका-यांच्या  परदेश दौ-यांची  माहिती , त्यांचा खर्च , त्यांचेअभ्यासअहवाल वगैरींची माहिती मिळणे , अनेक बांधकाम प्रकल्पांच्या माहितीचा  आढळ होणे, अनेक फाइली अचानक गायब होणे अशा अनेक प्रकारांचा समावेश होता.

इतकी गोपनीयता बाळगूनही पत्रकारांनी आणि नागरिकांनीही पालिकेतील अनेक गैरप्रकार उघडकीस आणले.अनेकदा त्यासंदर्भात पालिकेने चौकशी समित्याही नेमल्या , परंतु आश्चर्यकारकरित्या या समित्यांना कोणत्याही चौकशीत पालिकेचे अधिकारी दोषी असल्याचे आढळून आले नाही.तसे का व्हायचे ? याचे कारण आता समोर आले आहे. वरीष्ठांचाच आशिर्वाद असल्याने किंवा त्यांच्या सांगण्यावरून  अधिका-यांनी एकमेकांना सांभाळून  घेण्यात धन्यता मानल्याने  कोणीही दोषीआढळले नाही कि कोणालाही शास्ती झाली नाही.त्याचप्रमाणे पालिकेचे अधिकारी उगाचच कोणालाही सांभाळून घेत नाहीत , त्यामागे निश्चित असे एक कारण असते हेही आता सिद्ध झाले आहे.

उदाहरणार्थ कर्वे रस्त्यावरील एका हॉस्पिटलला  आग लागल्यानंतर त्या रुग्णालयातील अग्निशमन यंत्रणा योग्यप्रकारे कार्यान्वित नसल्याचेतसेच इमारतीच्या वापरातही अनेक नियमबाह्य बदल करण्यात आल्याची वस्तुस्थिती समोर आली .त्याचप्रमाणेसंबंधित रुग्णालयाचे डॉक्टर पालिकेतील वरीष्ठ अधिका-याचे  नातेवाईक असल्यामुळेच अनेक आक्षेप असतानाही या रुग्णालयाला नोंदणीपत्र दिल्याचे उघडकीस आले . असे करण्याची बक्षीशी त्या संबधित अधिका-याला  कशा प्रकारे मिळाली हे वेगळे सांगण्याची गरज नाही. अनेक तकरारी  झाल्या , त्या अधिका-याचे  गैरप्रकार उघडकीस आले , अटकही झाली तरी पालिकेने मात्र त्यांच्यावर काही कारवाई केली नाही .

यापूर्वी एका अधिकार्-याने आपल्या नातेवाईकांना नवीन बांधल्या जात असलेल्या एका इमारतीत तीन पार्कींग मोफत द्यावीत म्हणून एका बांधकाम व्यावसायिकावर दबाव आणला होता.त्यासाठी इमारत बांधायला अधिकृत परवानगी दिली असतानाही काहीतरी थातूर मातूर कारण देउन त्याला काम थांबविण्याचे आदेश दिले होते.परंतु बांधकाम व्यावसायिक खमक्या असल्याने तो बधला नाही. अखेर गाजावाजा झाल्याने पुन्हा नकाशे पूर्वी होते तसेच मंजूर करण्यात आले. या अधिका-याची  साधी चौकशीसुद्धा झाली नाही.अर्थात अशी चौकशी करण्यामागेही काहीतरी कारण निश्चितच असणार हे उघड आहे.
गैरकारभाराची अशी शेकडो उदाहरणे देता येतील , त्यातील अनेक प्रकरणांची चौकशी झालीच नाही , अनेक प्रकरणांची चौकशी झाली परंतु त्यातून काही  निष्पन्न झाले नाही , काही प्रकरणात अधिका-यांनीच  संबधितांना न्यायालयात जाण्याचा सल्ला  दिला आणि स्थगिती मिळविण्यास मदत देखील केली .त्यामूळे घोटाळे उघडकीस येउनही पुढे काहीच घडले नाही. त्यामूळे आपण घेतलेला निर्णय अगदी योग्य आहे . घोटाळे उघडकीस येउनही काही कारवाई होणार नसेल किंवा काही करायचे नसेल तर पत्रकारांना किंवा नागरिकांना तरी माहिती द्यायचीच कशासाठी ?,घोटाळ्यांच्या बातम्यांनी वर्तमान पत्राचे रकाने भरण्यासाठी ?

परंतु आपण दिलेल्या आदेशात एकच उणीव जाणवते ती म्हणजे, आपण कोणत्याही विभागप्रमुखाने आपल्या परवानगी शिवाय पत्रकारांना माहिती देऊ नये असे म्हटले आहे. खरेतर मूळात पालिकेने पत्रकारांनाच काय किंवा कोणालाही माहिती द्यायची आवश्यकताच  काय आहे ? त्यांचा पालिकेशी संबध काय असतो ? त्यांनी मुकाट्याने आपला कर भरून बाजूला व्हावे ,नको त्या उचापत्या करण्याची गरज काय आहेत्यामूळे पत्रकारांना त्याचप्रमाणे नागरिकांनाही पालिकेत प्रवेशबंदीच करावी आणि ते शक्य नसल्यास ( कधी कधी काही  कामांची प्रसिद्धी करण्यासाठीही  पत्रकारांची गरज पडतेच.) एका सेन्सॉर बोर्डाची निर्मिती करून पालिकेच्या म्हणण्यापेक्षा अधिका-यांच्या  हिताचीच तेवढी माहिती पत्रकारांना किंवा नागरिकांना देण्याचे काम त्याच्याकडे सोपवावे हि विनंती.

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Wednesday, July 10, 2013

Housing society gladiators, fight on wrong battlegrounds

After amendment to cooperative housing society Act, lot of people asked me several questions. Most of the questions were related to their own society. From the questions they asked, it was clear that most of them wanted to settle score with somebody. There are always some issues in the every cooperative housing society. Many society members behave like gladiators. They treat committee members as personal servants. As well, some committee members also behave as if society is their personal kingdom. Allegations of misbehaviour, malpractices and corruption on committee members are common everywhere.

However, on the background of amendments in co-operative housing society act (CHS), as per 97th ammendment to the constitution of India. Henceforth handling CHS is going to be more difficult. As per new amendments, there is provision of penalizing committee members and also there is a provision of cessation of membership on some default. General body of the society may prescribe penalties to the member for different breaches of the byelaws of the society. In addition, there are provisions of penalty to the committee members for consistent defaults, acting against the interest of the institution, deadlock in the board of directors, not ordering elections within specified time, corruption, irregularities in duty, deliberately giving false information, disobeying orders of authorities etc etc.

Most important fact is, as the real estate scenario is changing fast and property rates are going high. There is lot of possibility of misuse of provisions from both the sides. Committee members may use their power to harass society members, As well; society members may also threaten committee members on pity issues. This is not a forecast, such incidences are happening in the cities already.

However, it is not the case that intention behind every such incidence is to grab the property or to teach lesson to committee members. Many times the concerned people are not aware of where to peruse his/her case. Hence, some times, for issues like irregular supply of water from local authority people hold committee members responsible. That means they choose wrong battleground to fight. However, what is the solution? I do not know how much it will be effective but, I guess frequent awareness campaigns in every housing society for member's rights and duties may reduce such menace.

Tuesday, July 9, 2013

Charge sheets against illegal plot buyers will stop disastrous incidences like katraj tragedy

Calm, Private, Luxurious and yet open Farm plots with Sunrise / sunset point, Swimming pool, Landscape garden, Exclusive Developed demarcated plots with Boundary Fencing, forest walks along the periphery and that too on the agriculture land - mostly, on the hill top and hill slopes. Is not this an Ideal location to build dream bungalow? .But wait all this is on proposed N.A (non- agriculture) plot and in No Development Zone. Developers of such lands also claim Clear and Marketable Title in Emerging investment hub and an ideal plot to build your Dream Bungalow and that means Natural way to happiness.

There is nothing harm in dreaming to have such bungalow, as far as every thing is legal and just. However, is this all true? As far as pune is concerned, developers of such properties have cheated thousands of such buyers. The lust of having such property has made many buyers life miserable. However, who is responsible for that? Only developers and government machinery? .Sorry, I beg to differ. Not only developers and government machinery but buyers of such properties are also responsible for such illegal purchases and crime of destruction of environment and death of wadekar mother - daughter duo died in katraj mishap after heavy rainfall. An inquiry is on in this mishap and inquiry committee should hold such property buyers responsible for culpable homicide of wadekars.

प्रती ,
1)मा.श्री. विकास देशमुख
   मा.जिल्हाधिकारी .
   पुणे ,
2)मा.श्री. महेश पाठक
   आयुक्त , पुणे महानगरपालिका
विषय - कात्रज  दुर्घटनेतील लोकांच्या  मृत्यूस कारणीभूत असणा-यांवर गुन्हे दाखल करणे बाबत ...

कात्रज येथे टेकडीवरून जोरदार पावसाचे पाणी आल्याने झालेल्या दुर्घटनेत दोन जणांचा मृत्यू झाला . या दु़र्घटनेस बेकायदा टेकडीफोड करणारे, टेकडीवर बेकायदा बांधकाम करणारे , रस्त्यांच्या नावाखाली टेकड्यांवर चर खणणारे यांच्या बरोबरच माध्यमांनी आणि स्वयंसेवी संस्थांनी अशा बाबी लक्षात आणून दिल्यानंतरही त्याकडे अक्षम्य दुर्लक्ष करणारे अधिकारीही तितकेच जबाबदार आहेत . त्यामूळे या सर्वांवर दुर्दैवी दुर्घटनेतील लोकांच्या मृत्यूस कारणीभूत ठरल्याचे गुन्हे दाखल करण्यात यावेत .
त्याच प्रमाणे केवळ कात्रजच  नव्हे तर जिल्हातील सर्वच टेकड्या आणि डोंगर अशाच प्रकारे फोडले जात आहेत आणि त्याकडे प्रशासनाचे अक्षम्य दुर्लक्ष होत आहे. त्याबाबही दुर्घटना घडल्यास सर्व संबधितांवर वरील प्रमाणेच गुन्हे  दाखल करण्यात यावेत.
पुण्यात दोन वर्षांपूर्वी  बावधन येथे पावसाच्या पाण्याने हाहाकार माजवला होता. त्या दुर्घटनेत सुमारे 11 जण मृत्यूमूखी पडले होते . त्यानंतर  पालिकेने त्यासंदर्भात काही उपाययोजना करण्याचे ठरविले होते , परंतु त्या पूर्ण झाल्या नाहीतच. शिवाय त्यानंतरही शहरातील पाण्याचे अनेक नैसर्गीक स्त्रोत, ओढे नाले अडविण्यात आल्याचे किंवा नष्ट करण्यात आल्याचे दिसून येते .त्यामूळेही भविष्यात पुण्यातही अशाच दुर्घटना घडण्याची शक्यता नाकारण्यात येत नाही.
त्यामूळे पुणे शहर आणि जिल्ह्यात अशा दुर्घटना होउ नयेत यासाठी युद्धपातळीवर कार्यकम घेउन अशा दुर्घटना घडू नयेत यासाठी प्रयत्न करावेत आणि त्यातूनही अशी दुर्घटना घडल्यास त्यासाठी जबाबदार असणा--या  सर्व संबधितांवर फौजदारी गुन्हे दाखल करण्यात यावेत. हि विनंती .
 कळावे                                                          आपले
मे.जन (रिटा) एससीएन जटार                                                                 विजय कुंभार
नागरिक चेतना मंच                                                                    सुराज्य संघर्ष समिती

There is reason, why I am saying that buyers of such properties are equally responsible. Since last few years, purchasing capacity of one class mostly related to IT, increased considerably and they subsequently became the potential investors. Having international exposure, this class was well aware of rich peoples' lifestyle worldwide. They also wanted to acquire such life style in India. Some clever cheaters specifically caught these peoples psych and started picturing their dream world. Immediately they got success, but there was more demand than supply. Buyers were, purchasing there dreams without verifying the truth. Such well educated (?) buyers who spent lakhs of rupees on such sham deals did not bother to take legal advice before buying plots.

 It was not the case that these buyers were not aware of the illegalities they were doing. They knew that they could not purchase agriculture land, there is ban on subdivision of land, and they cannot do anything in no development zone. There cannot be a thing like proposed N.A land. Land is either agriculture or non-agriculture. Buying or selling agriculture land and claiming some time in future it will become N.A is like marrying minor child claiming that it will become major some time in future.

 So many people wrote to authorities about such land deals and illegalities. Newspapers covered the stories. However, not the developers of such lands, government machinery, or the buyers took cognizance of it. They were dot sure about India mein sabkuch chalta hai.It proves that buyers were well aware of the fact what they were doing. Had they not purchased such plots, destruction of environment, hills would have stopped and lives of wadekars would not have lost.

It is evident from the fact that still after katraj mishap nothing has changed. Developers are shamelessly advertising their sham schemes, government machinery is ignoring it, and so-called innocent buyers are purchasing plots in such schemes. Unless people buying stolen property are penalised this business will not stop. Hence, not only in katraj mishap, but in all the special townships, N.A plot schemes where there are illegal things, charge sheets should be filled against all the concerned including buyers.

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