India, Maharashtra, vijay kumbhar, News, Governance, RTI, Transparency, Civic Issues, Real Estate: February 2017

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.

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.

Thursday, February 9, 2017

Reshma Bhosale’s Candidature is Abuse of Election Procedure

It seems that corporator Reshma bhosale’s candidature for elections is always dangerous for officers . Last time after winning municipal election she had to face property tax receipt forgery case. FIR was lodged against her along with her husband MLA Anil Bhosale and some officers of pune municipal corporation. This time even after high court decision in her candidature case dust doesn’t seem to be settled down. Facts placed before high court in this case raise more doubts and may be troublesome for some officers.

In this case counsel appearing for the Election Commission submitted that as the Returning Officer was not decisive as to whether she should accept the nomination paper of Reshma Bhosale as independent or as a candidate belonging to Bharatiya Janata Party ( BJP),she sought guidance from the Election Commission through the Commissioner of Corporation. However actually on Saturday i.e. on 4^th February itself the returning officer of Panel No. 7 had rejected Reshma Bhosale's nomination as a candidate of the ( BJP). The reason cited was that Bhosale submitted her nomination as a Nationalist Congress Party (NCP) candidate, but submitted A and B forms of BJP.

It was also submitted in High court that returning officer in her communication to chief election officer had clearly mentioned and indicated that she had accepted the nomination paper of both the candidates, Satish Bahirat and Reshma Bhosale as valid as independent candidates.

In this case HC observed that once returning officer had taken decision to accept nomination paper there was no occasion for the Returning Officer to pass a separate order accepting the same nomination paper twice.

The big question is, once decision was taken why would returning officer seek further guidance from higher authorities. If she wanted any guidance she would have asked it before rejecting Reshma Bhosale’s claim for candidature of BJP on 4^th February itself. On that day she had heard rival arguments and had rejected Reshma Bhosale’s claim then how come they say that returning officer was not decisive?

Now there are two possibilities that chief election office kunal kumar sought guidance from state election commission .First possibility is that returning officer Vijaya pangarkar even after decision was taken asked for the further guidance from state election commission through kunal kumar and then changed her decision of declaring Reshma Bhosale as independent candidate. And second possibility is Pune municipal commissioner kunal kumar on his own sought guidance from state election commission and then asked returning officer vijay pangarakar to change her decision.

In both the cases favouritism and abuse of election process is there.Kunal Kumar while speaking to media had described this case as unique case. However there was nothing unique in that . In every elections hundreds of candidates file their nominations expecting nomination from parties. But when they don’t get AB form their candidature is declared as independent. Reshma bhosale’s case was the same. The only unique thing in it was she had BJP’s AB form in hand. That AB form compelled all officers to abuse the process of election.

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Saturday, February 18, 2017

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

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Friday, February 10, 2017

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

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Thursday, February 9, 2017

Reshma Bhosale’s Candidature is Abuse of Election Procedure