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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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Phone – 9923299199

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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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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
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