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

Wednesday, May 31, 2017

TRREPL Case; Classic example of Police Public Participation….

Case filed against Temple Rose Real Estate Pvt. Ltd ( TRREPL) plotting and investment fraud is classic example of Police Public participation (PPP) .And that is the reason why TRREPL director is behind bars and chances of getting investors money back have increased. Thanks to Rajesh Puranik, Police inspector of Economic Offences Wing ( EoW) who under the guidance of Commissioner Rashmi Shukla and DCP Sudhir Hiremath not only had a proactive dialogue with TRREPL investors but also invoked Maharashtra Protection of Interest of Depositors Act (MPID) in this case. Under MPID competent authorities can seize and sell accused persons properties .Even if accused have sold or transferred the property to third party , authorities can seize those also. In TRREPL case even though accused have transferred properties to third party authorities may seize those.

PI Rajesh Puranik with his team and Mubina Sanaula, Deepali Deshmukh , Rashmi Nehete,Prithviraj pardeshi, and Pravin Jain in Mumbai at Sajanani's residence

The MPID court yesterday extended TRREPL directors Devidas Sajnani’s police custody till 5th June. Other Directors of company are absconding and hearing on sajanani’s wife and Daughter’s interim bail application is also postponed till 5th June. The MPID Act, deals with a speedy remedy for recovery of payments in default and also provide remedy by criminal proceedings with stringent punishments and attachment of property. As per the Act, fraudulent default by a financial establishment attracts conviction for every person responsible for the management of the Establishment including the promoter, partner, director, manager or an employee.

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Normally in plotting scams people don’t come forward to lodge a complaint because most of times the agents involved in such scams are their own relatives or acquaintances .And hence investors don’t dare to file police complaints against their own people. As well some times police also don’t take cognizance of such cases due to lack of sufficient proof. And that is the reason why PPP becomes more important. Unless people help police in such matters they can not move forward.

PI Rajesh Puranik , accused Sajnani Showing land at Pingori

In TRREPL case the investors formed some teams to help police. A team of Mubina Sanaula, Deepali Deshmukh , Rashmi Nehete,Prithviraj pardeshi, Prathamesh Pore and Pravin Jain went all the way to Mumbai .In first round of visit they helped police to arrest Sajnani under guidance of PI Rajesh Puranik and in second round they went to sajnani’s home to make panchnama of documents.Other team of Rushikesh Chinchole, suvarna jagtap and Santosh Rahane along with police went to Pingori . Where Sajanani showed a peace of land that never belonged to him but had sold the plots under various schemes. Police made panchanama of Pingori land.

Devidas Sajnani showing his Flat in Mumbai

Helping police was not easy job for investors , because TRREPL scam is organised crime also. Their stooges had already mixed up with genuine investors and misguiding them since long .They were also preventing them from filling complaint against TRREPL .Keeping all the activities secret from stooges was really a tough job. Even then they managed it skilfully.

Team of TREPL investors Mubina Sanaula, Deepali Deshmukh , Rashmi Nehete,Prithviraj pardeshi,

In TRREPL there is team of 15 to 20 persons who are involved in this entire scam as owners. TRREPL directors have properties all over Maharashtra. If investors in TRREPL scam want their money back they have to keep the momentum going till the final outcome.

Pingori Land

Till date , under the MPID, more than 200 cases of financial fraud have been registered , involving property worth Rs. 14.000 crore approximately .This number is very less if compared to unregistered cases. Unless investors dare to file complaint police can do nothing. Though number of investors helping police is very less compared to 5294 plots in Rose city scheme, They have shown the way. Now its up to other investors to come forward or not. Under MPID only the persons register the complaints may get it back.

Tuesday, May 30, 2017

Goodland County refrain away from hearing, face Consequences

Goodland County a so called township project at Mugawade Near pune has got last chance to prove that they have all the required permissions. No body from Goodland County turned up for hearing at Pune Metropolitan Region Development Authority ( PMRDA) on 25th May 2017. Earlier PMRDA had served notice to the project proponents and asked them to remove their unauthorized construction. However Goodland County didn’t obey PMRDA orders hence before demolishing unauthorized construction and filling criminal complaints last chance was given to them. However as nobody turned from Goodland county hearing was postponed to 8th June 2017.

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Mean while I ( Vijay Kumbhar) remained present for the hearing. I explained all the details to PMRDA special executive officer Annasaheb Chavan, and also gave written say on the project. I Have made following demands.

1) The entire construction on Mugawade hill should be demolished

2) All the project Proponents should be penalized and be asked to restore the western ghat part in Mugawade that has been deliberately destroyed

3) The criminal cases pertaining to destruction of environment should be filed against project proponents.

4) Hence forth no development activities should be allowed on western ghat.

5) As the plot buyers have knowingly involved in illegal transactions their sale deeds should be cancelled cases should be filed against them also.

My last point may hurt some people but ignorance can not be excuse to avoid punishment. And in this case plot buyers should not claim innocence . As there were several illegalities in project. Buyers have not only ignored that but have tried to cheat some banks also. Few renowned banks have given loan on this totally illegal project. No doubt the buyers have done it with hand in gloves of bank officials hence needs to be penalized

Monday, May 29, 2017

Devidas Sajnani behind the bars, other plotting and investment scammers stunned !

After economic offences wing ( EoW) arrested Devidas Sajnani of Temple Rose Real Estate pvt ltd ( TRREPL) many other such scammers are stunned as and perhaps that was the first time any plotting scammer has been put behind the bars. Normally such scammers go scott free because of lack of complaints.After his arrest deceived investors are coming forward to lodge the complaints. However some people are still scared to come forward. And that is the reason why such scammers dare to cheat people on regular basis. In TRREPL case though I wrote a blog, had a dialogue with investors, EoW also had a dialogue with them even then things were not moving forward due to lack of complainant. Earlier nobody was ready to lodge a complaint or share documents with police. However when one of the investors in Rose City scheme Mrs Nitin shukla Tiwari lodged a complaint entire scenario changed.

After Mrs Tiwari’s complaint EoW Police Inspector Rajesh Puranik arrested Sajnani and brought him to pune. Looking in to gravity of the case EoW is also seeking help of Enforcement Directorate (ED).Though TRREPL director Sajnani is arrested , There are hundreds of such companies involved in same kind of cheating. Some of such companies are established by former employees of TRREPL only. Their modus operandi is also same as TRREPL. If people dare many such scammers will follow the suit. Unless people come forward such scams will not stop. For those who want to discuss such sham projects without disclosing their names, a facility has been provided on http://vijaykumbhar.com/Discussion_Forum.aspx As far TRREPL is concerned they have spread their net throughout Maharashtra and outside. List of some of their projects is reproduced below. Last number against each projects shows the number of plot either sold or are for sale.

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N A Projects

1. ROSE MIDOWS Phase I soagaon , shahapur Thane – 228

Survey No Not given, Claim _ GIC Housing Finance ltd,

2. ROSE MIDOWS Phase II soagaon , shahapur Thane – 48

3. ROSE LAKE VIEW PHASE I – Ambivali Thane - 226

4. ROSE LAKE VIEW PHASE II – Ambivali Thane - 377

5. ROSE HILL VIEW , Chafel, patan, satara - 29

6. ROSE ANGAN Phase I , Paneri , Patan , Satara - 79

7. ROSE PARADISE , Pimploli, Karjat, Raigad -193

8. ROSE CLASSIQUE VIEW Hyderabad - 25

9. ROSE DREAM LAND Phase II Vaishakhare,Murbad,Thane – 232

10. ROSE MOUNTAIN RANGE Phase I Parhe, Tal: Murbad, Dist: Thane – 367

11. ROSE MOUNTAIN RANGE Phase II Parhe,Murbad, Thane -445

TP Sanctioned Projects

1. Rose Mountain View Umroli, Murbad, Thane -75

2. Rose Dream Land Phase I, Vaishakhare, Murbad, Thane -155

3. Rose Dream Land Phase II, Vaishakhare, Murbad, Thane – 232

4. Rose Mountain Range Phase III ,Parhe, Murbad, Thane.209

5. ROSE PARADISE PHASE II , Pimploli Village near Bhakricha Pada, Neral (East), Karjat, Raigad – 91

Proposed N.A projects

1. ROSE GOLDEN CITY Phase I,Khor , Daund, Pune - 562 (549)

2. ROSE CITY Phase I , Pingori, Purandar Pune -929

3. ROSE CITY Phase II , Pingori, Purandar Pune -781

4. ROSE CITY Phase III , Pingori, Purandar Pune -413

5. ROSE CITY Phase IV , Pingori, Purandar Pune -928

6. ROSE CITY Phase V , Pingori, Purandar Pune -646

7. ROSE CITY Phase VI , Pingori, Purandar Pune -318

8. ROSE CITY PhaseVI I , Pingori, Purandar Pune -233

9. ROSE RIVERIA, Velhe, Pune – 339

10. ROSE SERENE CITY Phase I Temburle, Taluka: Shahpur, District: Thane- 158

11. ROSE SERENE CITY Phase II Temburle, Taluka: Shahpur, District: Thane- 462

12. ROSE RAIGAD CITY PHASE I Walsure , Mahad , Raigad -1186

13. ROSE RAIGAD CITY PHASE I Walsure , Mahad , Raigad -3175

14. ROSE ROYALE PHASE I, Sayale, Murbad, Thane -569

15. ROSE ROYALE PHASE II, Sayale, Murbad, Thane -320

16. ROSE ROYALE PHASE III, Sayale, Murbad, Thane - 42

17. ROSE ROYALE (NEW PROJECT) Sayale Murabad, Thane – 116

18. ROSE GREENS , Mal, Murabad, Thane - 467

19. ROSE CROWN, borgaon, Karjat, Raigad - 375

20. ROSE PARADISE PHASE III, Pimploli, Karjat, Raigad -27

Farmland Projects

1. ROSE WONDERLAND, Kalambe, Taluka: Patan, Satara. -63

2. ROSE AANGAN Phase II, Paneri, patan Satara - 141

3. ROSE VISION Kharkhel, Taluka: Baramati, District: Pune.- 401

4. ROSE HEIGHTS, Ekalgaon, Taluka: Velhe, District: Pune – 251

5. ROSE GARDEN,Pingori, Taluka:Purandhar, District: Pune.- 133

6. ROSE AGRO FARM is a project of TEMPLE ROSE FRESH PRODUCE PVT. LTD

Pingori - - 96

Devidas sajanani is director in many companies. List of these companies and associate directors of sajanani is reproduced here. Most of these companies are involved in so called real estate , chit fund or financial business. Some of these companies have also borrowed huge amount from various banks or financial institutes. Though Sajnani’s daughter name does not appear in the list , she was former director of some of the companies.

Thursday, May 25, 2017

Temple Rose Real Estate Investment Scammer sent to five day police custody in Pune

Today Main culprit in Temple Rose Real Estate scam Devidas Sajnani was sent to Five day police remand. Sajnani is the main culprit in recent cheating scam worth 400 crore rupees . Economic Offences wing ( EoW) Pune had arrested sajnani from Mumbai and produced him before Maharashtra Protection of Investor deposit ( MPID) court in Pune . TRREPL had launched real estate project named “ Rose City” in village Pingori in Purandar tehasil of Pune city and sold around 5294 plots under Guaranteed buy back, Income growth , equated monthly installment, guaranteed double in 36 months.However after realizing cheating one of investors Mrs Nitin Shukla Tiwari filed complaint with EoW Pune and Mumbai.

Devidas Sajnani

TRREPL’s associate company Temple Rose Livestock Farming Pvt. Ltd. (TRLFPL) had purchased ( Sale deed no 4864/2010, 4865/2010 & 2978/2011) around 176 hector of land in pingori village of Pune sold it in 2016 ( 1199/2016)for agriculture purpose to sharmila joshi , Nipa chithalia,dooria bahrainwala , Narayan Parmar,Biman Das, Rajesh Gandhi,husaini bahrainwala, Dilipkumar Chhajed,Ashraf bahrainwala,Suresh Shiwale & Pravin Thorve. But mean while TRREPL has also sold around 5294 so called proposed N.A plots on the same piece of land to gullible investors. It had also put names of the pot purchasers on its website.

EoW PI Rajesh Puranik and Vijay Kumbhar, Dialogue with TRREPL investors

Earlier Investors in temple rose real estate (TRREPL) 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 Economic offences ( EoW) wing of Pune Police took positive initiative and had dialogue with investors of TRREPL . After Commissioner of police Mrs Rashmi Shukla’s permission Police Inspector Rajseh Puranik had dialogue with TRREPL investors.After that on 24^th may 2017 under guidance of DCP sudhir Hiremath team of police dramatically arrested sajnani from Mumbai.

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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

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.

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.

Wednesday, May 31, 2017

TRREPL Case; Classic example of Police Public Participation….

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Tuesday, May 30, 2017

Goodland County refrain away from hearing, face Consequences

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Monday, May 29, 2017

Devidas Sajnani behind the bars, other plotting and investment scammers stunned !

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Thursday, May 25, 2017

Temple Rose Real Estate Investment Scammer sent to five day police custody in Pune

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Thursday, May 11, 2017

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

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Tuesday, May 9, 2017

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

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Monday, May 8, 2017

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

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