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Thursday, May 11, 2017

PMRDA Serves Notice to Illegal plotting and township project - Goodland County

Sahyadri Mountain range, the pride of Maharashtra and from where Chattrapati Shivaji Maharaj started building his empire is being destroyed , excavated and defaced since last some years. Sahyadri mountain range which is also known as the Western Ghats is an important series of high hills. The contribution of this range in weather, environment, defence &; tourism is very vast. However since last some years it is being destroyed. The Marathi Manus who otherwise shows lot of respect for Shivaji Maharaj is silent on this issue, in fact helping the culprits to deface the Sahyadri. However it seems that , now   Pune Metropolitan Region Development Authority  ( PMRDA) has come forward for rescue of Sahyadri mountain. It has served notice to Goodland County, one of the so called proposed Township project at Mugawade ( survey No 111 etc) Near pune for razing unauthorized construction. The Project is totally illegal and has contentious Past.



It is matter of investigation that, how the land which was acquired for tree plantation and forest development got permission of no agriculture use. However earlier in  2008 on behalf of riddhi siddhi tree plantation and forest development co operative society  one Rahul Nahar had asked permission for construction related to software industry on this land. As the area  was in no development zone no residential or industrial construction  was allowed there. Accordingly permission was given to Eiffel infocity for construction related to software industry on condition that

1) land will be developed and used for information Technology ( IT)purpose  only.

2) Subdivision and selling of land in plots will not be allowed

3) land except steep  slope only will be allowed to develop ( very minor construction was allowed)

4) only 20% land will be developed and on remaining 80% land 500  trees per hector will be planted


As there were large scale of excavation activities using heavy explosives on this mountain  this writer (Vijay Kumbhar) complained to the collector Pune . Then tehsildar paud  fined them  Rs 2 crore 34 lakh for carrying out minor mining and asked for environment clearance .Then the project stopped.



However after some time and without obtaining any permission they started to sell the plots in name of non agriculture plots in the Name of Eiffel  Olympia by Eiffel Developers & Realtors Ltd. They also tried to obtain environment clearance, However State environment assessment committee ( SEAC) asked developers to obtain township permission first. Then project proponents  informed SEAC  that they have given up the proposal to set up a township and  submitted a modified proposal to set up an IT project. However committee asked them to carry out necessary changes to the project i.e.

(i) Permission was earlier given by the Registrar of Societies for use of the plot for a society for tree protection. A copy of the permission given by the Registrar for transfer of the land from that purpose to IT may be furnished.

(ii) The permissibility of taking up residential construction on a plot meant for IT may be clarified.

(iii) It may be confirmed whether FSI has been worked out after deducting area having slopes steeper than 1:5.

(iv) Regarding water supply for the project, the project proponent has produced a letter from Dy. Engineer committing water supply. Considering the quantity involved (5000 cubic metres daily), commitment letter may be obtained from a competent authority not below the rank of an Executive Engineer and copy produced.

(v) The number of species of trees should be increased from 6 to at least 30. A typical landscape plan may be submitted.

(vi) The existing dug well may be revived and used for rainwater harvesting.

(vii) A detailed plan for storm water drainage including proposal for disposal of storm water into the nearest Nala may be prepared and submitted.

(viii) A detailed note on EMP may be furnished including the administrative set up. The project proponent may give a commitment to operate the EMP for the period of the project. A note may also be given on e-waste management.

(ix) ( It may be ensured that the recirculate effluent is first used for flushing and the surplus may be used for gardening.  



As it was difficult to follow the condition  this proposal was also  abandoned .However  they started selling plot in this  project in the name of Goodland County by Eden group. Last year after again  noticing large scale excavation on hill and lot of construction activities this writer (Vijay Kumbhar) once again complained to then PMRDA chief Mahesh Zagade. Then special  executive officer of  PMRDA Annasaheb Chavan then sent a notice to Goodland County and asked for permission  for construction they have if any. Goodland county claimed that they have necessary permissions and showed same old documents of Eiffel Infocity. Then building permission department of PMRDA clarified that Goodland county does not have asked for any permission or  PMRDA has not given any . Then PMRDA asked Goodland county to remove the construction on their own. After not obeying their directions PMRDA as a last chance and for sake of natural justice has served the notice to Goodland County  and  asked to produce proof of permission. Failing which PMRDA will remove the constructions and start criminal proceedings against them.


The land on which Good land county is being developed fall in Sahyadri  range and is part of western Ghats. As per veteran ecologists Madhav Gadgil the hills of the Western Ghats are important for water security. The Sahyadri range or Western Ghats is ecologically sensitive to development and was declared an ecological hotspot in 1988 through the efforts of ecologist Norman Myers. It is one of the world’s ten hottest biodiversity hotspots. It has 5,000 species of flowering plants, 139 mammal species, 508 bird species and 179 amphibian species. At least 325 of these are globally threatened species. If encroachment on the mountain range continues then we could lose this rich ecological heritage. 

It is our duty to save Sahyadri. If you have noticed any illegal construction  on it pleas feel free to communicate it on admin@vijaykumbhar.com

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Tuesday, May 9, 2017

It's now final, RERA will not act against illegal constructions..

Giving full stop to the discussion on whether Real Estate Regulatory Authority (RERA)  will act or not on  the illegal projects that do not register themselves with it, the Maharashtra RERA has categorically given indications that it will not act against the illegal projects that do not register with it.In an official reply to this writer RERA has said that the complaint should be filed with the registration number given to that specific project. The big question is, then why the projects that have violated all the rules and regulation and cheated people will get registered with RERA and invite unnecessary trouble for themselves? .



This writer had filed complaint with RERA to take suo motu action against a plotting scheme named Rose city by Temple Rose Real Estate Private Limited ( TRREPL) in Pingori village of Purandar taluka of Pune district.TRREPL sold  around 5,294 plots on the claim that there were 'proposed Non Agriculture (NA)' plots. It has also uploaded the names of the plot purchasers on its website, however there is no sale deed registered with the Department of Registration. Pingori village in Purandar taluka of Pune district is surrounded by hillocks from three sides. Almost 80% of the land is a hilly terrain and hence cannot developed into a township, or for residential/industrial purposes.No permission of township or Non agriculture has been obtained or applied for.

Moreover the land never belonged to TRREPL . It erlier belonged to its sister concern  Temple Rose Live Stock Farming Private Limited ( TRLSFPL). However TRLSFPL has also sold that land to somebody else. That means (TRREPL) doesnt have any land to develop. So question of obtaining permission  from any authority  for it’s project or registering with RERA doesn’t arise at all. Even then it is still advertising the said project . It has also launched several other such illegal projects in Maharashtra. The list was such projects was also supplied with the complaint.

As per The Real Estate act 2016  no promoter is allowed to advertise, market, book, sell or offer for sale, or invite persons to purchase in any manner any plot, apartment or building, as the case may be, in any real estate project or part of it, in any planning area, without registering the real estate project with the RERA. However projects that are ongoing on the date of commencement of the Real Estate Act and for which the completion certificate has not been issued,  90 days period has been given to register those with RERA. But what about the projects that are totally illegal  and can not  be registered with any authority including RERA  and still are advertising or selling the plots or flats ?. When RERA is not going to act against such projects on complaint or suo mottu then who will act against them ?

Actually as per the Real Estate Act, the RERA on a complaint or suo motu, relating to this Act or the rules of regulations made there under, it may, by order in writing and recording reasons therefor call upon any promoter or allottee or real estate agent, as the case may be, at any time to furnish in writing such information or explanation relating to its affairs as the Authority may require and appoint one or more persons to make an inquiry in relation to the affairs of any promoter or allottee or the real estate agent, as the case may be. But when RERA says that it will take action on the projects registered with it only then why the promoters of illegal projects will bother to register their projects?

The reply given to this writers complaint is reproduced here as it is

We are in receipt of your complaint sent through email dated 05th May 2017. The said complaint is against Temple Estate Pvt. Ltd. for unauthorized construction carried out by the said developer.
In this regards, this is to inform you that the promoter of the Real Estate Project has to register the upcoming or ongoing project/s for which occupation certificate is not issued with Maha-RERA within a period of 90 days from the date of establishment of Real Estate Regulatory Authority under the provisions of Real Estate (Regulation & Redevelopment) Act, 2016. After 90 days you can file online complaint by obtaining Registration number of project from Maha-RERA website

It appears reply is copy paste one, because complaint was not against the unauthorized construction it was about authorized plotting scheme.In complaint itself all the facts about why TRREPL will not register with were mentioned . Then what was the point in saying that after obtaining Registration number of the project with RERA only you can file complaint ?


Actually the real estate act was brought to ensuring Transparency & Efficiency in real estate sector in regards to sale of plot, apartment, building or real estate project and to protect the interest of consumers in real estate sector. However the way RERA has replied to this writers complaint there is no hope that largely unregulated business of illegal construction will stop and buyers will get sigh of relief.

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Monday, May 8, 2017

Bombay HC Asks Hyderabad Forensic Science Lab to Test Electronic Voting Machines

Amidst all the controversies of tampering of Electronic Voting Machine ( EVM), the Bombay High Court has asked Hyderabad based Central forensic Science laboratory  (CFSL) to investigate whether two EVMs used in Maharashtra Assembly Election 2014  were tampered or not. The HC has given this order in a election petition filed by Abhay Chhajed then congress candidate of Parvati Legislative Assembly Constituency in Pune. HC has also asked the collector pune to provide  the technical data ,  if any , if asked for and if possible to the CFSL Hyderabad .


Image cortsey The Voice of Nation

The HC has asked CFSL to investigate;

a) Whether there exists any electronic part/ device within EVM, which can remotely connect with external devices with the help of infrared/ blue tooth or similar technologies?

b) Whether there exists any additional memory chip inside EVMs to store any program counter data inside the EVM Machine?

c) Whether the machine codes ( One Time Programmable/OTP Codes) of all the exhibit EVM machines have been tampered?

d) Whether the has values and metadata of the aforesaid machine codes ( One Time Programmable/OTP Codes ) are same or different?

e) Whether the enclosed program counter data in the control unit give the same result as declared be the returning officer of the Election Commission dated 19.10.2014 at Parvati Assembly Constituency?

f) Whether the EVM machines and its data have been accessed in any manner during the period from the Date of polling and Date of Result?

g) Whether there is evidence or material indicating tampering or manipulation of the machines i.e counting unit and the ballot unit along with the connecting cables either from any internal or external remote device or source?

h) Is there any reason as a result of which the votes cast in favor of the candidate would either not be recorded or may  be recorded in favor of another candidate .Inspection and evaluation of the EV machines and its components?

i) Is it possible to find out how many such votes are cast . if yes , then how many and whose favor?

It was  the case of the Petitioner Abhay Chhajed  that the electronic voting machines used during the Maharashtra State Legislative Assembly elections, 2014 in Pune were tampered with. More specifically Booth No.185 and Booth No. 242 in the 212 Parvati Legislative Assembly Constituency. Chhajed  had also led evidence of voters who had cast their votes in his favor. The number of such voters from booth no. 185 exceeds the number of votes recorded in his favor in the Electronic Voting Machines used at the said booth.

Chhajeds’ argument was that ,the tampering of the machines was  quite evident because only 79 votes were counted in favor of him, in stead of 89.,In his support  89 such voters, who voted at Booth No.185 and Booth No. 242, had signed an Affidavit stating that they had voted for   him during the said election.

Abhay Chhajed had  lost to BJP's Madhuri Misal from that constituency, had challenged her October 2014 victory the same year. Misal was the first to be declared a winner during the 2014 assembly elections. She had defeated her two main rivals, Chhajed and Subhash Jagtap of the NCP.


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Tuesday, April 25, 2017

The Maharashtra Real Estate Rules; Latest victim of Bureaucracy & Builder nexus

The Real Estate Act (REA) was brought to protect the interest of consumers in the real estate sector . However literary genius of mantralay have made mockery of it. Literary  genius  are those persons in Maharashtra mantralay who make mockery of good laws by cleverly drafting rules or issuing circulars without any authority. Earlier they did it with The Right to information act and The Right to Services Act. Now their latest victim is The Real Estate Act. The way rules of this act are drafted clearly indicate that these literary genius have acted as stooges of builder lobby.These rules give  an open licence for builders to strangulate innocent real estate consumers.Compared to other states only Maharashtra has given such discretionary powers to the builders.




For English Rules See Page No 89 to 152 

To protect the interest of consumers in the real estate sector the REA mandates the builders and Real Estate Regulatory Authority ( RERA) to publish certain information regarding credentials of builders and their projects on the website .However latest Maharashtra rules give discretionary powers to builder of what to publish and what not to publish.



Most the times  builder creates false picture of their project and cheat innocent flat buyers. To avoid this and to enable consumer to lodge his complaint , section 11 of REA mandates builders promoters  to create their web page on the website of the RERA and enter all details of the proposed project. These details include plan of proposed project, proforma of the allotment letter, agreement for sale, the conveyance deed proposed to be signed with the allottees, drinking water facilities, number, type and the carpet area of apartments for sale etc.As well, section 34 of REA mandated RERA  to publish and maintain a website of records, for public viewing, of all real estate projects for which registration has been given, with such details as may be prescribed, including information provided in the application for which registration has been granted. 

34. The functions of the Authority shall include— 
(b) to publish and maintain a website of records, for public viewing, of all real estate projects for which registration has been given, with such details as may be prescribed, including information provided in the application for which registration has been granted

However contrary to the basic Act clause 20  Maharashtra Real Estate Rules give extraordinary powers to the builders. It says RERA should publish only those things that builders allow them to publish.

20. Details to be published on the website regarding real estate projects.- (1) For the purpose of clause (b) of section 34, the Authority shall ensure that all the disclosures made by the promoters to the authority with regard to the Real Estate project for which registration has been given, shall be made available on its website, except for the following:

(i) Details provided under clauses (b), (e), (g), (h), (i) and (l) of sub-section (2) of
Section 4;

(ii) Details provided under sub-rule (2) of rule 3 of these Rules.

Clauses (b), (e), (g), (h), (i) and (l) of sub-section (2) of Section 4 cover following information

 (b) a brief detail of the projects launched by him, in the past five years, whether already completed or being developed, as the case may be, including the current status of the said projects, any delay in its completion, details of cases pending, details of type of land and payments pending; Prior registration of real estate project with Real Estate Regulatory Authority. Application for  registration of real estate projects.

(e) the plan of development works to be executed in the proposed project and the proposed facilities to be provided thereof including fire fighting facilities, drinking water facilities, emergency evacuation services, use of renewable energy;

(g) proforma of the allotment letter, agreement for sale, and the conveyance deed proposed to be signed with the allottees;

(h) the number, type and the carpet area of apartments for sale in the project along with the area of the exclusive balcony or veranda areas and the exclusive open terrace areas apartment with the apartment, if any;

(i) the number and areas of garage for sale in the project;

(l) a declaration, supported by an affidavit, which shall be signed by the promoter or any person authorized by the promoter, stating:—

(A) that he has a legal title to the land on which the development is proposed along with legally valid documents with authentication of such title, if such land is owned by another person;

(B) that the land is free from all encumbrances, or as the case may be details of the encumbrances on such land including any rights, title, interest or name of any party in or over such land along with details; 

(C) the time period within which he undertakes to complete the project or phase thereof, as the case may be; 

(D) that seventy per cent. of the amounts realized for the real estate project from the allottees, from time to time, shall be deposited in a separate account to be maintained in a scheduled bank to cover the cost of construction and the land cost and shall be used only for that purpose: Provided that the promoter shall withdraw the amounts from the separate account, to cover the cost of the project, in proportion to the percentage of completion of the project: Provided further that the amounts from the separate account shall be withdrawn by the promoter after it is certified by an engineer, an architect and a chartered accountant in practice that the withdrawal is in proportion to the percentage of completion of the project: Provided also that the promoter shall get his accounts audited within six months after the end of every financial year by a chartered accountant in practice, and shall produce a statement of accounts duly certified and signed by such chartered accountant and it shall be verified during the audit that the amounts collected for a particular project have been utilized for the project and the withdrawal has been in compliance with the proportion to the percentage of completion of the project. Explanation.— For the purpose of this clause, the term "schedule bank" means a bank included in the Second Scheduled to the Reserve Bank of India Act, 1934; 

(E) that he shall take all the pending approvals on time, from the competent authorities; 

(F) that he has furnished such other documents as may be prescribed by the rules or regulations made under this Act; and (m) such other information and documents as may be prescribed.

And Sub-rule (2) of rule 3 of these Rules cover following 

(a) Authenticated copy of the PAN card of the promoter;

(b) Name, photograph, contact details and address of the promoter if he is an individual or authorized representative; or the name, photograph, contact details and address of the chairman, partners, directors, as the case may be, and the authorized representative in case of other entities.

(c) A copy of the legal title report reflecting the flow of title of the owner or promoter to the land on which development is proposed, with authentication of such title by practicing advocate;

(d) Where the promoter is not the owner of the land on which development is proposed, a copy of the collaboration agreement, development agreement, joint development agreement or any other form of agreement, as the case may be, entered into between the promoter and such owner, reflecting the consent of the owner of the land and authenticated copies of legal title report reflecting the title of such owner, on the land proposed to be developed;

(e) The information relating to the encumbrances in respect of the land where the real estate project is proposed to be undertaken and the details regarding the proceedings which are sub-judice (if any) in respect of such land;

(f) (i) sanctioned plan where the project is being developed along with information relating to the FSI/ TDR and other entitlements which are proposed to be utilized in accordance with the relevant Development Control Regulations for the time being in force, for carrying out such sanctioned plan and the amenities and common facilities (including common areas, parking spaces) to be provided in accordance with the
sanctioned plan;

(ii) the Proposed Plan, Proposed Layout Plan of the whole project and Floor Space Index proposed to be consumed in the whole project, as proposed by the promoter;

(iii) proposed Floor Space Index to be consumed and sanctioned Floor Space Index. In case the sanctioned Floor Space Index is different than what is proposed to be consumed by the promoter, then the proposed Floor Space Index shall be disclosed at the time of registration and as and when the Floor Space Index is sanctioned, the same shall be uploaded on the website of the Authority by the promoter from time to time;

(iv) proposed Number of building(s) or wing(s) to be constructed and sanctioned number of the building(s) or wing(s). In case the sanctioned number of building(s) or wing(s) is different than what is proposed to be constructed by the promoter, then the proposed number of building(s) or wing(s) shall be disclosed at the time of registration and as and when the additional number of building(s) or wing(s) are sanctioned, the same shall be uploaded on the website of the Authority by the promoter from time to time;

(v) proposed number of floors in respect of each of the building or wing to be constructed and sanctioned number of floors in respect of each of the building or wing. In case the sanctioned number of floors is different than what is proposed to be constructed by the promoter, then the proposed number of floors shall be disclosed at the time of registration and as and when the additional number of floors are sanctioned, the same shall be uploaded on the website of the Authority by the
promoter from time to time;

(vi) Aggregate area in sq. meters of the recreation open space;

(vii) The number of covered parking spaces,

(g ) the particulars in respect of Architecture and Design Standards, Type of construction Technology, Earthquake Resistant Measures and the like to be adopted for Buildings and for Common Areas and of amenities / facilities in the Layout Plan of the real estate project;

(h) the nature of the organization of allottees to be constituted and to which the title of such land parcels is to be conveyed and the specific local laws to govern such organization of allottees on completion of real estate project;

(i) the promoter shall also provide such other information and documents, as may be required by the Authority under these rules or the regulations.

If all this information is excluded from publishing , what remains to publish? . And without this information how the consumer is supposed lodge his/her grievance or ask for the justice? .In the nutshell, builders wanted to  keep away consumers from the affairs of REA and  to keep it  the matter between RERA and them only. They have succeeded in it by making rules favorable to them only. 

Another major factor is, as per  REA where the area of land proposed to be developed does not exceed five hundred square meters or the number of apartments proposed to be developed does not exceed eight inclusive of all phases are not supposed to be registered with RERA. However in Maharashtra rules the way registration fee has been described is quite confusing.It say "At the time of application for registration, the promoter shall pay a registration fee, calculated on the area of the land proposed to be developed at the rate of, rupees ten per square meter, subject to a minimum of rupees fifty thousand only and a maximum of rupees ten lakhs". What does that mean. Does that mean all the projects above  five thousand square meter only are to be register with RERA or even if project is of less than  five thousand square meter he has to pay fee of fifty thousand? .Rules are silent on whether project below five hundred square meter are to be registered with RERA or not. Like wise why the  projects between five hundred and five thousand square meter should bear additional burden of fees. There are thousands of projects fall in this category. (For project of one thousand square meter registration fee should be ten thousand rupees but because of minimum limit of fifty thousand he will have to bear additional burden of forty thousand rupees) contrary to that even if bigger projects like town ships that run in to more that hundred acres will pay much lower amount because of ceiling of ten lakh rupees.

Reduction in penalty charges for compounding of offences uder the act is another issue that builders managed to insert inthese rules

Even after Union housing minister Venkaiah Naidu’s warnings serious implications in case of any compromise with REA to the state governments, Government of Maharashtra  has diluted provisions of it. Naidu had also termed watering down of the legislation by states as anti-people. Now as the the new REA rules have come in to force only thing people of Maharashtra can do is to write to Venkaiah Naidu for immediate intervention or go to the court of law.

Related Stories

Builder bureaucrat nexus makes Maharashtra RERA Rules nightmare for home buyers



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Thursday, April 13, 2017

Pune Civic Polls; system admits mistakes, terms it "human errors"

In a shocking revelation, Returning Officer ( RO) of Pune civic polls has admitted that  ballot units ( BU) were changed and mock poll was conducted one day before actual polling in absence of candidates or their representatives .In an explanation to  this writer’s earlier post “EVMs may not be but system is vulnerable to fraud” and in a reply to candidate of ward no 33, the returning officer    ( RO) has admitted many mistakes during election process , but has termed those as human errors. RO’s  explanation has raised more doubts about election process that was conducted for Pune Municipal Corporation in February 2017.




 As all the ballot units (BU)  and control units ( CU)  were sealed and kept in tight security (?) question of  any change in it does not arise at all. However on actual polling day (21st February)  when polling staff opened BUs serial no’s of BUs were different from those recorded and sealed on 2nd randomization of EVMs i.e. 15th February. In polling station no 10,12,28, 49 and 50  BU numbers were P44052, P 43551, MO22334, P143888 & P14390 respectively .But on  actual poling day those were P14992, P11947, MO23334, P 14386 & Mo 27617 respectively . If on voting day Ballot units are found faulty they can be changed after following proper procedure. Then how come and when  these ballot units were changed?

In an answer to this question of candidate RO has categorically said that BUs were changed  one day before polling day and on same day mock poll was conducted in absence of candidates or their representatives. In Marathi he has said उपरोक्त बदल हे दि २०/२/२०१७ रोजी मतदान केंद्राध्यक्ष यांनी मतदान केंद्रावर पोहचल्यानंतर रात्री उशीरा मॉकपोल बॅलेट युनिटमधील बटण मध्ये तांत्रिक अडचण उद्भवल्यामुळे झोनल अधिकारी यांचेकडे उपलब्ध करून दिलेल्या राखीव बॅलेट युनिटचा वापर  करण्यात आला आहे . वेळेअभावी या बाबतची सुचना उमेदवार किंवा उमेदवार प्रतिनिधी यांना देण्यात आली नव्हती.

That means , Such changes  were made because after arriving late night on 20/2/2017 on polling station, the technical difficulty was observed by presiding officer in a button of ballot unit and hence reserved BUs provided by zonal officer was used . Due to time constraint this was not communicated to candidate or their representatives.How come presiding officer goes to Polling station one day erlier of actual poll, changes the Bus and   conduct mock poll in absence of candidates or their representatives?

Normally as per election procedure mock poll is conducted thrice. 1st  at first Randomization of ballot and control units in presence of representatives of political parties,2nd at the time of second randomization and candidate setting in presence of candidates or their representative and 3rd  on actual polling day before polling starts. So question of mock poll on day before actual polling day doesn’t arise at all. The major question is, if such mock poll was conducted in all the civic poll constituencies or how?. If mock poll was conducted for all ballot units in Pune polls in absence of candidate then this is very serious matter.

Actually as per election procedure When the EVMs are taken out of the strong room for dispatch, they have to  inform  the date and time of opening of strong room in writing to the candidates or their representatives. In a communication to this writer  RO  has mentioned that all CU & BU were changed at the time of dispatch only so presiding officer has not mentioned the change in his diary.This is something ridiculous . Polling party is not supposed  to touch any ballot unit button or take mock poll while taking possession of election material.

 If any defect arises in the Ballot Unit (BU)or Control Unit (CU) of the EVM during poll process, it is mandatory to replace the entire set of EVM (both BU & CU) by new set of EVM (BU & CU).And presiding officer has to record the reasons of replacing CUs or BUs in his diary. In instant case presiding officer has not recorded any reason for changing BUs in his diary.

There are some other serious issues that RO has termed them as human error. In  ward no 33 in around 21 polling stations  sequence of BU was changed. on 15th February  as per procedure EVMs were checked randomized , allotted polling station  wise, sequence wise  and sealed in presence of candidate or their representatives. Sequence of candidates was also set on the same day .Copies of serial no of polling station  wise ballot units (Bu) , Control unit and sequence of candidates set were given to candidate.

As per rules  Ballot Unit should be connected to control unit according sequence allotted to them only. Changing that sequence amounts to exchange of votes to another candidates. On upper right side of ballot unit there is slide switch that indicates sequence No of ballot unit . Polling staff wrote the sequence as they saw it on BU. Then how come sequence of ballot unit was changed and who changed it ?.This amounted to interchange of BUs. This has happen in 21 polling stations . This Number is very high. RO says this was human errors. If his version has to be admitted then Election commission has to admit that the staff on election duty was poorly trained or under educated.

In the upgraded model of the voting machines in case of change in sequence of ballot unit  linking error appears on the display panel of the control unit. The linking error can  be set right by interlinking the Ballot Units in the proper sequential order. Now election commission has to clarify whether EVM used in pune civic polls were of upgraded version or not and whether staff on election duty was poorly trained or under educated.


Election commission of India has clarified that in case of elections to Municipal bodies or Rural bodies like Panchayat Elections, the EVMs used do not belong to the Election Commission of India. Above local bodies elections come under the jurisdiction of State Election Commission/s (SECs), which procure their own machines and have their own handling system. ECI is not responsible for functioning of EVMs used by SECs in above elections. In my entire posts on election I have not blamed the EVMs but what about the system that handle the EVMs. Is that different in case of election commission of India?

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RTI Resource Person, RTI Columnist
Phone – 9923299199

                   http://surajya.org/
Email     – kvijay14@gmail.com
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Thursday, March 30, 2017

EoW Pune to Have Dialogue With Investors of Temple Rose Real Estate

Earlier Investors in temple rose real estate (TRRE) schemes were running from pillar to post when they realized cheating. But things were not going in positive way because  the stooges of company were already mixed with them pretending themselves  as gullible investors. These stooges were misguiding real investors.However Now Economic offences ( EoW) wing of Pune Police has taken positive initiative and has decided to have dialogue with investors of TRRE investors.The dialogue will be held at the conference hall at headquarters of pune police in camp at 9.30 AM to 11.oo AM on Saturday 1st april 2017.Inspector Rajesh Puranik ( Phone No 9870196071) of EoW will listen investors complaints


Image courtsey canstockphoto.com

The basic problem with such investors is that, they never see or insist for correct document when they invest. This thing becomes hurdle in to file or lodge a complaint.The  operators of such schemes promise victims high returns on their investments but instead of investing their funds, the perpetrator use their commitments to pay off earlier losses and take a cut for themselves. As the scheme progresses, the number of victims and the size of their combined losses grow exponentially.These operators appoint smart staff and agents. Most of the time staff and agents get paid more than what they deserve and hence they don’t hesitate to deceive own relatives or acquaintances .

Image courtsey politicalgraffiti.files.wordpress.com

Saturday meeting is for  TRRE investor. We will keep on discussing investments in so called proposed N-A Plots, Villa plots, farmhouses , affordable housing, double your money by investing in plotting or plantation schemes  etc. in RTI KATTA. RTI KATTA is a platform to empower oneself through discussions amongst each other to solve their problems by using Right to Information and other acts, Every Sunday at Chittaranjan Watika, Model Colony,Shivaji nagar, Pune, between 9.30 to 10.30 A.M.

Relate Stories


Temple Rose Plotting Scam Exposed


Lust of gullible investors for heavy returns is the reason behind flourishing fraud investment schemes


Number of fools who want to get cheated is multi million times more than the actual cheaters in Ponzi Investment



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RTI KATTA is a platform to empower oneself through discussions amongst each other to solve their problems by using Right to Information act, Every Sunday at Chittaranjan Watika, Model Colony,Shivaji nagar, Pune, between 9.30 to 10.30 A.M.

RTI Resource Person, RTI Columnist
Phone – 9923299199

                   http://surajya.org/
Email     – kvijay14@gmail.com

Thursday, March 16, 2017

EVMs may not be but system is vulnerable to fraud ...

While Arvind Kejriwal and Mayavati are criticizing Electronic Voting Machines Anna Hazare has ridiculed these accusations of sore loser.No doubt Electronic Voting Machines (EVM)  are safe in protected environment and there may be rival arguments on whether EVMs are vulnerable to fraud or not.There are several possibilities that definitely raise doubts. In this post I don’t want to make any allegations but want to put plain facts that point the finger at entire  procedure followed in Pune Municipal Corporation (PMC ) elections. These facts are based on documents provided by election department. Election commission has to clarify on those doubts.


In  ward no 33 around 5 ballot units were changed without any reason or notice to candidates and in same ward  in around 21 booths sequence of ballot unit was changed. However due to lack of awareness nobody complained. This is something very serious. Before actual voting day EVM's were sealed in presence of candidates or their representatives. So question of change  of ballot units or their sequence  doesn't arise at all.

This time in PMC elections were conducted panel wise.Each ward electors had to elect 4 candidates. Elections were conducted in February 2017. 21 February was actual voting day and on 23 results were declared. But before that on 15th February  as per procedure EVMs were checked randomised , allotted booth wise, sequence wise  and sealed in presence of candidate or their representatives. Sequence of candidates was also set on the same day .Copies of serial no of booth wise ballot units (Bu) , Control unit and sequence of candidates set were given to candidate. ( see Annexure 1).

As all the BU and CU were sealed and kept in tight security question of  any change in it does not arise at all. However on actual polling day (21st February)  when polling staff opened Ballot units serial no’s of units were different from those recorded and sealed on 15th February. In booth no 10,12,28, 49 and 50  Ballot unit numbers were P44052, P 43551, MO22334, P143888 & P14390 respectively (see Annexure 1).But on  actual poling day those were P14992, P11947, MO23334, P 14386 & Mo 27617 respectively ( Annexure2) . If on voting day Ballot units are found faulty they can be changed after following proper procedure. Then how come these ballot units were changed ? Isn’t this serious?.

Control Unit numbers are also different in booth no 24 and 30 in copy handed over to candidate those were M22232 and M 21591 but on actual polling day those were changed to  7507 and 21595 respectively ( Annexure 3). In some cases on polling day control unit or ballot unit numbers were not recorded at all ( Annexure 4)

Sequence of ballot units was also changed in almost 20 booths. As per rules  Ballot Unit should be connected to control unit according sequence allotted to them only. Changing that sequence amounts to exchange of votes to another candidates. In ward no 33 almost on 20 booths sequence of  ballot units was changed. In booth no 1,5,8,11,15, 17,18,2224,32,40,54,57,62,65,66,71,76 and  79 ballot unit 1 was connected  to 2 and 2 to 1 (Annexture 5). This is also serious because machine doesn’t read panel number or names of candidates . It reads numbers serially.


In the nutshell somebody from the system itself or from outside had access to the sealed machines and strong rooms. Election commissions has to clarify on these issues. 

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RTI KATTA is a platform to empower oneself through discussions amongst each other to solve their problems by using Right to Information act, Every Sunday at Chittaranjan Watika, Model Colony,Shivaji nagar, Pune, between 9.30 to 10.30 A.M.

RTI Resource Person, RTI Columnist
Phone – 9923299199

                   http://surajya.org/
Email     – kvijay14@gmail.com

Thursday, March 9, 2017

VIJAYKUMBHAR.COM a Project Specific & Private Real Estate Discussion Forum for Affected People

Our Mission is to educate and motivate flat, plot, land buyers to take adequate precaution before and after the investment in real estate projects. Normally people do not dare and unite to ask builders uncomfortable questions or problems they face. VIJAYKUMBHAR.COM is the place where people without disclosing their identity can discuss on the projects they have invested in. Unless affected people unite they are not able to take proper step in case of any problems. This forum will be for discussion as well as for guidance from other  members and team of vijaykumbhar.com. Members of particular forum will decide on their own to take  or not any action regarding that specific project if needed.This is a subscription based forum . 


Time and again, government brings in restrictions and imposes prohibitions to protect buyers of property, be it land, plot, apartments or bungalows. Despite that, scams and scandals keep surfacing on a regular basis. Builders and project proponents of plotting schemes, find loopholes in laws and regulations, play different tricks, play with words, and give deceptive promises and so on. They run scams like selling proposed N-A Plots, Villa plots, farmhouses, affordable housing, promising to double your money by investing in plotting or plantation schemes  etc. They never fulfill promises they give to flat buyers. They appoint smart staff and agents. Most of the time, staff and agents get paid more than what they deserve and hence they don’t hesitate to deceive own relatives or acquaintances.

It is not the case that government official don’t understand or are not aware of such cases but they are hand in glove with promoters of such schemes and land mafias and so they turn a blind eye to such crimes. For buyers or small investors, it is difficult to know what is right and what is wrong. They do not understand how to move forward if there is problem with a project they have invested money in or if they have bought a flat. So what is the remedy?

One should always take ample care before investing in any scheme. Discuss it before & after investing in it. But the basic problem is buyers or small investors of such schemes are always scared and scattered. They do not dare to ask anything to builders or promoters of such schemes.

To discuss such matters we introduce VIJAYKUMBHAR.COM, a project specific private discussion forum. In this forum, members are supposed to share the information and discuss regarding that specific real estate project only. That will help, proposed or existing buyers to find out the truth, factual problems of specific real estate projects and to decide future course of action, if any.

We assure complete secrecy of member’s identity and also assure that we will not allow any building or plotting project to advertise on VIJAYKUMBHAR.COM unless we are satisfied with the credentials of that particular project.


To enable  team of VIJAYKUMBHAR.COM to guide forum, initially we will start forums on projects in Pune and Mumbai revenue area only. That means these forums will be for existing and proposed  residential, plotting or any other real estate  projects in  Pune , Mumbai, Navi Mumbai, Thane , Palghar, Satara , Sangli, Kolhapur, Ratnagiri, Raigad, Sindhudurg and Sholapur districts only


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RTI Resource Person, RTI Columnist
Phone – 9923299199

                   http://surajya.org/
Email     – kvijay14@gmail.com

Saturday, February 18, 2017

Co Operative Societies Are Bound To Supply Information Under RTI - Bombay HC

In a recent land mark development Nagpur bench of Bombay high court has ruled that urban cooperative   banks,   cooperative   financial institutions,   Patpedhis   and   other   cooperative societies   are bound to supply information under Right to information act  ( RTI) . After supreme court’s order in Thalappalam Ser.Coop.Bank Ltd.vs State Of Kerala  all the public authorities and PIO’s  I were blatantly saying that RTI act was not applicable to co operative societies.Actulally even in Thalappalam case the apex in paragraph 52 of its judgment had categorically said that the PIO of Registrar of Cooperative Societies is duty bound to supply  the information which his department can have access under the Cooperative Societies Act from a Society . But even then PIO’s and co operative societies were denying the information sought under RTI.





The Bombay high court in it judgement ha categorically said that “The   provisions   of   the   Maharashtra Cooperative   Societies   Act   if   read   with   the definition   of   information   given   in   section   2(f) of the Act, it can  be said that everything which is   mentioned   in   the   definition   of   information needs   to   be   supplied   by   the   cooperative institution   to   the   authority   created   under   the Cooperative   Societies   Act.  The   definition   of 'Public   Authority'   given   in   section   2(h)   shows that such public authority can be created by any law made by the State Legislature. It is already observed that the officers like Registrar and his subordinate   officers   are   appointed   under   the Cooperative  Societies  Act   and   they   have   the control   over   the   aforesaid   things.”

The court also observed that cooperative   institutions,   are   registered   under the Maharashtra Cooperative Societies Act, 1960. They are bodies created by the statute. But right from the registration till the liquidation there is   control   over   these   institutions   of   the authority   created   under   the   same   Act.

The petitioner  the association of Jalgaon Zilla Urban Cooperative Banks, Credit Societies   and   other   financial   institutions registered   under   the   Maharashtra   Cooperative Societies Act 1960 had filed a petition requesting court to Hold   and   declare   that   the   urban cooperative   banks,   cooperative   financial institutions,   Patpedhis   and   other   cooperative societies   which   are   registered   under   the Maharashtra Cooperative Societies Act 1960, are not the public authorities within the meaning of Section 2(h) of the Right to Information Act. Their contention was that in view of the provision  of section   34A   of   the   Banking Regulation Act, 1949 these institutions   were not bound to disclose certain information  which, according to them, was confidential in nature. It was  also contented that   those   institutions   were not   receiving   financial   aid   from   the   Government directly or indirectly and so the provisions of the Act cannot be made applicable to them


Petitioners had also requested High Court to restrain   the   officers   of   the cooperative   department   and   their subordinates from supplying any information to the   members   or   general   public,   which   is, according to  the said  societies  is confidential  in the commercial  interests  of the said societies and for that purpose issue necessary orders.


The Bombay High court denying all the reliefs claimed by petitioners also referred to  apex courts views  in jayantilal mestry case in which the supreme court had said that RBI was supposed to uphold public interest and not the interest of individual banks. RBI is clearly not in any fiduciary relationship with   any   bank. 

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RTI KATTA is a platform to empower oneself through discussions amongst each other to solve their problems by using Right to Information act, Every Sunday at Chittaranjan Watika, Model Colony,Shivaji nagar, Pune, between 9.30 to 10.30 A.M.

RTI Resource Person, RTI Columnist
Phone – 9923299199
Email – kvijay14@gmail.com
Website – http://surajya.org/

Friday, February 10, 2017

Temple Rose Real Estate Scam is an Organised Crime...

Temple rose real estate scam is organised crime also. There is team of 15 to 20 persons who  are involved in this entire scam. You will find their names almost  in every temple rose project as a genuine buyer . But at the same time they are involved in land deals for same or other projects with temple rose directors in all over Maharashtra. They pretend themselves as genuine plot buyers to deceive other genuine investors  only.


Image Courtsey timesofindia

And that may be the reason when   temple rose real estate scam was exposed so many plot  buyers called this writer but very few turned up for the meeting held there after for any further action. This happened because genuine plot buyers are scared & scattered and   others  were just stooges of the company itself. Unless plot buyer get united, there is hardly any possibility of getting their money back or plot.


Fear of losing money already invested may be another reason that  duped  investors  don’t come forward to take action on such scammers.  One person wrote this writer after  he  read  post on Temple Rose city scam. He had  bought a plot in their Rose City PH-1, Pingori Project. He had already paid them EMIs for around 2 years and stopped paying since last 1.5yrs.When he visited their office in Pune they again convinced him but asked him to pay the remaining money after they get the NA. He eventually did nothing for 1.5 year. Now how can the plot that was not in possession of Temple Rose Real Estate (TRRE) and the plot Temple Rose Live Stock(TRLS)  has already sold can be NA? .

Another example is of rose city Phase VII .Actually Rose city phase I to VI were related to survey no 810 and phase VII was related to survey no 827.As per temple rose website there are still some plots available for sale. However they have already sold all that land . They had done same thing in case of rose city other phases.

Temple Rose have broke almost all laws , rules and regulation regarding land deals and income tax also. Off course they have done all these crimes hand with gloves of public authorities in Maharashtra. Needless to say they why such authorities would have done so. Under the Bombay Tenancy and Agricultural Lands Act, 1948, no person can purchase agricultural land in Maharashtra if he is not a farmer. As well there is ceiling on holding agriculture land by a genuine farmer and ban on dividing agriculture lands. Almost in all the land deals TRRE has executed with registration department there nothing mentioned how money for particular deed was paid or received?

Agreements with  plot purchasers are not done properly also .Actually documents for real estate have to be registered at the department of registration. Notarised sale deeds doesn’t bear any value. However notarization was also not done properly. When asked everybody denied that  notarization was done before the notary. Attesting affidavits in the absence of its executants or deponents and authenticating instruments without verifying the identity of persons coming for attestation and the fact of execution is illegal. And stamp paper that documents are notarized on has  to in the name of either of the parties to the Deed , that has also been not followed by Temple Rose.

So called Transparency is another funny part of Temple rose real estate scam. They have displayed names of the plot holder on their website. There is  “ view detail” option to check details of that certain plot. But to view that option you need to have application number. However none of the lot holder this writer came across had such application number.


In the nutshell everybody involved in  the activities of Temple Rose Real Estate Scam has played a significant role in its crime and hence it falls in the category of organised crime . Criminal activities that are planned and controlled by powerful groups and carried out on a large scale Fall in that category.

Related Stories

Temple Rose Plotting Scam Exposed



Number of fools who want to get cheated is multi million times more than the actual cheaters in Ponzi Investment


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RTI KATTA is a platform to empower oneself through discussions amongst each other to solve their problems by using Right to Information act, Every Sunday at Chittaranjan Watika, Model Colony,Shivaji nagar, Pune, between 9.30 to 10.30 A.M.

RTI Resource Person, RTI Columnist
Phone – 9923299199
Email – kvijay14@gmail.com
Website – http://surajya.org/
YouTube - https://www.youtube.com/user/kvijay14