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Wednesday, October 7, 2015

FTII logjam, Government is negotiating with students on the issues that they are barred to interfere in.

The adverse publicity may be the reason why government is compromising with situation that has occurred due to Film & Television Institute of India’s (FTII) students strike. Otherwise no students are allowed to choose their administrator or principal anywhere in the world. FTII student can enjoy this privilege because it is a public institute. In private organization, they would have thrown these students out of the campus .

Actually as per rules FTII students are barred from any interference in administrative matters of the Institute. Such Interference in administrative matters is major breach of discipline for which the student is liable for expulsion. However students in last some years have not only interfered in the administrative matters but also taken total control over it. Moreover the Government is also negotiating with these students on the issue that they are barred to interfere in. If followed properly there are several rule in FTII , that would have kept the students ‘student’ status intact . However compromising with these rules has raised their status from students to dictators.

Photo Courtsey atodblog.files.wordpress.com

There are several rules of this institute that nobody follows except only one, and that has turned this institute in a ghetto like society. As per this rule students are barred from complaining or reporting of any incidence, no matter of whatsoever nature be taken to the outside agency like Police & Other organizations. They are allowed to do so only after approval of the director, FTII in writing. Everybody including students, staffs & administration follow this rule religiously. Hence incidences of whatever serious nature including deaths , thefts, sexual harassments, intimidation, alcoholism, vandalism, and nuisance etc. got buried in the institute itself.

Photo Courtsey cliparthut.com

One may not believe but as per FTII rules no students of the Institute is permitted to accept any professional assignments before he/she completes training .Failure to complete course assignment on given frame due to individual reasons leads to de-enrollment. No student is allowed remain absent from classes or the examination without the permission in writing of the HoD or Dean. Adhering to strict course schedule is compulsory, only HoD’s are empowered to relax the same in deserving individual cases, depending upon circumstances. No alcoholic drinks or narcotic drugs are allowed to be brought to or consumed in the Hostel and the Campus. However Institute authorities for reason best known to them compromised with each of these rules.

All above situation was encouraging for those students who wanted to make this institution a way of their survival and they succeeded with help of faculty, HoD’s & Directors. Not all students are on strike but a group of few dominate the others. Actually the film wing of this institute dominates the others, especially the television wing. Students of film wing do not respect television guys. That may be another reason that striking students are opposing Gajendra Chauhan as he is mainly known for contribution in television.

Photo Courtsey http://www.glamsham.com/

It is difficult to comment on when actually this stale mate will end. But while thinking on this strike one should not forget that, earlier students sent ministry a proposal to solve the crisis but latter on they denied it. They also denied that they had given any type of commitment to interlocutor Vidhu Vinod Chopra and Raju Hirani . Vidya balan denied that she had signed any proposal to support student’sstrike. Pallavi josh, Jahnu Baruah, Santosh Sivan resigned from the FTII society to support students but students didn’t request government to reinstate them.

Meanwhile Striking FTII students have now told the Government that Secretary of Information & broadcasting ministry can be the chairman of the premier Institute till revamped process of appointment is put in place. Earlier these students had demanded to put the FTII Society in abeyance. These both demands are childish. Government cannot appoint a new chairman or keep the present appointment on FTII in abeyance unless it first cancels earlier appointment. Whatever may the situation at present, The very fact is that right now Gajendra Chauhan is the Chairman of FTII.It is highly unlikely that the Government will climb down on its decision. If they do due to political reasons, that will be a pretty damning precedent to set for themselves.

Monday, September 28, 2015

FTII Hunger Strike Called off , Struggle to Control Money Minting Machine Continues

Finally the agitating Film and Television Institute of India (FTII) students called off their ‘17 day long !’ hunger strike . However,their primary agitation against Gajendra Chauhan and the appointments of Sangh Parivar members in the FTII would go on. This was clarified by the students after the Information and Broadcasting (I & B) Ministry agreed to hold fresh talks. Paradoxically, student’s frequently changing stance and demands have brought this agitation back to square one.

Photo courtsey hindustantimes.com

Looking back on their 108 day long agitation and “17 day long Hunger strike!’, it is now clear that the students don’t want to end their agitation. Actually, the students and the government had arrived at a settlement and an understanding on 25th July 2015 itself when the students along with the interlocutors Vidhu Vinod Chopra and Raju Hirani met with the Ministers.

However, the students resiled on their commitments made to interlocutors also. The Government in its several letters has alleged that students frequently changed their stance and made factually incorrect averments in communications.

Students do not want Government to have any references / preconditions, especially to and in the meeting held on 25-07-2015 in the presence of the interlocutors Vidhu Vinod Chopra and Shri Raju Hirani. In fact,through one of the letters they had clarified to the ministry that the student representatives never gave any kind of commitments to the interlocutors to reside on them later in any capacity .

In the nutshell students want the government to have talks with them afresh without any preconditions. There are two reasons why students don’t want any pre-conditions before any talks.

Firstly,the main intention of the strike was the assessment of incomplete projects. Whentheacademic council of FTII decided that when delays to complete projects are caused without any valid reasons, the project even though incomplete, will be stopped within the time frame and assessment will be done accordingly on as-is-where-is basis. Students were opposing that decision but there was no reason they could start an agitation because several students haven’t completed their projects for years together which they should have completed within three months.

Meanwhile , the Government reconstituted FTII and appointed Gajendra Chauhan and other members on it. No doubt these appointments were politically motivated but studentsfound this as an excuse to agitate. And obviously Modi critics supported the students. However this support was for the appointments only and not for the students original ‘assessment’ cause. This support was so overwhelming that the students also forgot their original aim of theagitation. However with time, every body concentrated on issuesother than assessments and that is the reason students don’t want any preconditions beforethe talks. This is because if talks continue on the basis of discussions held on 25th July then the “assessment issue will not be discussed.

Secondly, the students have nothing to lose if agitations continuebut everything to gain with support from people with their own agendas. They can enjoy the agitations for months together. The agitation is on FTII premises. This may be the India’s first agitation which is being run from Government buildings and funds. FTII not only paid the air fare to the agitating students to go to Delhi but also admitted the fasting students in private hospitals at great cost.

Additionally, the students have no worry about their lodging and boarding. They can get money to run their agitation or day-to-day expenses from institute as and when required. Yes, it is true. After students started agitation on 12th June, one agitating student submitted a bill of rupees 30,000/- as reimbursement of expenses towards the purchase of photo frames. Such frames are available in market maximum at the cost of Rs.100 to 200. However the student charged Rs. 3000 per frame. The bill was approved and signed by all the authorities on 16th June and cleared on the same day. The receipt submitted doesn’t bear the name of the purchaser. Absurdly, the bill was ssanctioned as contingency without reason. The HoD concerned who approved this suspicious bill has generously sanctioned Rs. 25000 instead of 30,000. This student hasn’t submitted accounts or returned the money taken earlier.

This is just one example but shows how money is being siphoned off from the institute with help of the authorities and shows how authorities are sponsoring the agitation with 'artistes' in tow. For some people FTII has become money minting machine and hence everybody wants control over it.

Tuesday, September 15, 2015

FTII Students’ Strike, Frustrated, Tainted, Intelligent but Not Innocent

Gajendra Chauhan’s appointment on FTII may be wrong but is that the only reason behind student’s on-going strike? Certainly not. The main reason behind the all this episode is corruption, hence everybody e.g. students, ex-students, administration, politicians wants to have control on it. This institute is not premier anymore. People who claim to be fighting for the Institute’s pride and eminence are just fooling everyone. Being in the field of acting, they write and execute the script according to their will and put its edited version and claim that as a truth.

Photo Courtsey Ravi karandeekar

I got involved in this FTII matter because of Right to Information ( RTI ) only. One fine morning a media person called me asking how to go ahead with RTI in order to get some information immediately, because filing regular RTI may waste precious time. I asked her to carry out office inspection under section 4 of the RTI Act, because all she wanted to know was about the letters shared and communication between the FTII director and the Ministry of Information and Broadcasting (I&B), registrar and ministry, dean and ministry with respect to the strike and the minutes of all the discussions held between the SM-Khan led three- member delegation and director, registrar, faculty, students and staff on August 21.

Dues of cash advance till july 22015

She gave intimation to the institute but FTII didn’t give any information. Hence after giving the same intimation, I went personally for inspecting the files. This time they were ready with limited transparency. They provided me some information on a pen drive and as earlier director had just transferred , asked for 8 to 10 days time because the correspondence was from the personal email ID of the then Director.

dues of Cash advance till july 2015

As for the minutes of the meeting held on 21.8.2015 between S. M. Khan led three-member delegation and Director, Registrar, faculty, students and staff are concerned; they said that the information was not available with FTII. This was totally unacceptable and wrong. They also denied the documents related with the assessment of 2008 batch students since the assessment was kept on hold and the process was yet to complete. That was ok.

dues of Cash advance till july 2015

However whatever information I obtained under the RTI Act and later through my sources is shocking and throws light on the chaos, illegalities, mismanagement, corruption and misbehavior of the administration, faculty and students.

Being students, they get support and sympathy from all walks of the society. This has not happened for the first time. Every time a chairman, director or faculty not of their liking is appointed, students call them incompetent. The only self-proclaimed entity that is always competent in FTII for the past so many years is the students.

Let us first see the reasons behind such repetitive agitations.

1) If a student doesn’t complete his course or project within the stipulated time, they are still entitled to free accommodation , subsidized food and no fees.

2) Students get cash advance for projects and hardly anybody checks the accounts and whether the cash is spent on legitimate heads.

3) Students can do private jobs in extended periods of free stay with subsidized food and cash advance in the hostel.

To avail of all these facilities, some students take the faculty and some from the administration in their loop and enjoy these facilities for years together. This is not the first time that the students haven’t completed their courses or projects in the stipulated time.

Academic councils decision on 11 April2014

The present agitation is connected with the first reason. It all started because of 70th meeting of Academic Council of FTII held on 11 April 2014. In this meeting it was decided that any student who does not complete any project or any part of the curriculum due to personal reasons and which adversely affect the running of the academic curriculum as well as affects the learning of the other students, must not be allowed to continue.Normally students claim differences with the faculty as a cause of delay in completing projects. Therefore the Council decided that differences amongst the team members needs to be resolved by them in case of delays are caused because of differences. The project even though incomplete, will have to be stopped within the time frame and assessment will be done accordingly, on as is where is basis.

And this is the root cause of the present agitation. But there was no way they could oppose this resolution, although they managed to pass ample time. But as earlier the director was about to transfer and there was need to find some reason for fresh agitation to go on strike before new one takes charge. This meant that students may have to leave the campus and also immediately clear the cash advance dues if he would act as per resolutions passed in Academic Council.Suddenly with the appointment of Gajendra Chauhan and 4 others, they found an opportunity to strike. Actually, the President of FTII or chairman of its Governing Council does not have any special powers. Decisions are taken in governing council meetings on “majority carries the point” basis. And as this appointment was backdated, newly appointed committee would hardly make any difference. But the students hyped this issue.

Minutes of meeting director an all HoD's

Meanwhile the Ministry asked the newly appointed director to go ahead with assessment as per resolution dated 11 April 2014. Accordingly, it was decided that projects including the incomplete ones should be assessed. Extensions had been given to these students in 2013 as well as in 2014 and there doesn't seem to be any logic in giving any further extension. It was also decided that students can be asked to vacate the hostels though, they should be given opportunity to complete the remaining work including post production on the projects or exercises, for which they may be provided facilities as and when available and guest house accommodation on individual basis. There was nothing wrong in this decision. Even then the students opposed and held the Director hostage and insulted the national anthem. Even then director didn’t file a FIR against them for contempt of national anthem. In this case Heads of the departments that proposed and signed the minutes of this latter on denied any of such decision because many HoD's faculties are ex - students of FTII and any such may have put some restrictions on corruption and using facilities free of cost.

Now do the students really care about institute’s reputation? In the past one and half years at least 15 times, the police have knocked at the doors of the FTII in the wee hours, because of complaints of noise of late night cocktail parties. However,During the former director D J Narain's tenure the students seem to have got freehand and this is well understood because no police dared to enter the premises despite of serious police complaints and incidents that happened in the institute during earlier many director's term Had they allowed them to enter, many including students would have been behind bars. There are several instances of liquor parties of students in FTII, which are recorded in security diary. Is this their love for reputation of institute?

Parties recorded in campus

Students are allowed to take cash advance for there projects. But hardly any body ever submits accounts. Outstanding dues of the cash advance till July 2015 are around Rs 20 lakhs. Till 31st March 2015, the dues were around Rs18 lakhs. That means students had to either submit accounts for that amount or had to return that money to the Institute. Some of the dues are pending since 2012. If audited carefully the expenses from advances may attract severe punishment. And in this case students are not alone administration also has dues to clear.

Parties recorded in campus

There are hundreds of incidences of damage to the Institute’s property from students.

Next incidence may not be related to the students. But a camera worth Rs5 lakhs was stolen from the Institute. But FIR was not lodged for some time. Later on it was decided to lodge the FIR, initially police refused to do so, but as it was government property they accepted the complaint and HoD also didn't insisted on lodging FIR. However when police went to investigate administration didn’t allow them do so.Also they on investigation Hence police closed the case. Who is responsible for this loss?

This may be the India’s first agitation, which is being run from government buildings and funds. FTII has landed itself in more trouble by not only paying air fare to the agitating students to go to Delhi but also because FTII has admitted the fasting students in private hospitals at great cost. In reality, where was the need for FTII to pay for the agitating fasting students and least of all in a private expensive hospital at tax-payers' cost. Later on when I put this matter on face book Director Prashant Pathrabe realized that the strike was illegal and confessed. And that hospital bills for the first two fasting students were paid as courtesy. Courtesy , at whose cost? The students sat on a fast of their own sweet will while the cost of the repercussions is being borne by the tax-payers. These students are one up over our politicians as far as enjoying five-star facilities!!

Now , as the students have successfully prevented administration from new admissions to take place. The Government should immediately order an audit by the C&AG so that the agitation would come to an end automatically‼

Realted Stories

FTII row, non issue being stretched too far

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Wednesday, September 9, 2015

Beware ! NGT Fines Mumbai Builder, Be Prepared to Lose Property & Money

The National Green Tribunal (NGT) has fined Mumbai builder for violation of Environment norms. NGT has also asked Project Proponent to not to create third party interest until he amends the plan and deposits the fine. This and earlier same judgments will have long lasting impact on real estate industry. Especially Pune being hub of illegal real estate projects. Recent judgments on violation of environment norms show that courts are not ready to pardon environment violation on account of fait accompli. And that is the reason project proponents and property buyers need to worry and take precaution.

Photo courtsey www.tolerance.org

There are so many real estate projects that have started or completed without obtaining necessary environment clearance (EC) . Even in some cases builders have forcefully given possession to flat purchasers. Everybody who are about to book, booked or have taken possession in such project need to be cautious because in that case even after taking possession if NGT or court asks to amend plan, property buyers may have to wash their hands of said property.

In this case project was started without obtaining EC and there after EC was given but SEAC turned a blind eye to the construction carried out in violation of environment norms. NGT didn’t cancel said EC but asked project proponent to amend the plan of the sale building, get it approved as per law and asked him not to proceed and not to create third party interest by way of sale, transfer, assignment, lease or parting with possession of any portion of sale building/component in any manner whatsoever shall be made unless the amounts as directed are paid and necessary amends to comply with the directions to provide additional parking spaces are made.

In pune and around more than 150 projects have started construction without obtaining EC and there are some projects to whom EC has been denied. However in these both the cases either project proponent has forcefully given possession or some have willingly taken possession. If we look at recent judgments on violation of environment norms it seems that courts are not ready to pardon environment violation on account of fait accompli. And that is the reason project proponents and property buyers need to worry and take precaution.

Photo courtsey politicalhumor.about.com

NGT also observed that the project proponent violated the EC Regulations, 2006 by undertaking construction before the EC was granted and thereby denied the realistic environmental safeguard to be in place. NGT also said that it may not be possible to determine compensation on account of violations of EC Regulations with consequential untold damage to the environment and with some exactitude, but that should not be the reason for the project proponent to avoid their liability in that regard. The NGT has already held that non-compliance of environment norms would be of serious consequence, not only on environment but upon the society at large.

And hence NGT has asked project Proponent priyali builders to pay and remit a sum of Rs. 3 crores to the Authority, specified under sub-section (3) of section 7(A) of the Public Liability Insurance Act, 1991 ( PLI Act ) to be credited to the Environmental Relief Fund within a fortnight. PLI Act is an An act to provide for public liability- insurance for the purpose of providing immediate relief to the persons affected by accident occurring while handling any hazardous substance and for matters connected therewith or incidental thereto. In this case collector is an authority to recover such fines. NGT has asked this sum to credited in the Environmental Relief Fund within a fortnight.

NGT also asked respondent priyali builders pay an amount of Rs. 32,63,600/- being market price of the deficient recreational area as on March, 2014 to the Maharashtra Pollution Control Board for incurring expenses on Environmental and ecological rehabilitation within a fortnight.

Photo courtsey www.climateactionreserve.org

Recent NGT judgments are eye opener for builders violating environment norms and also for the property buyers who ignore such things, ignorance of law can not can be excuse to pardon to wrong doings. Builders cheat when property buyers become emotional fool. Now its up to property buyers to decide next course of action. Actually stopping such illegal activities is responsibility of concerned authorities and officials but when they become party to such cheating, property buyers need to take this responsibility on own shoulders.

Tuesday, August 25, 2015

NGT cracks whip on projects without Prior Environmental Clearance, real estate projects also in trouble

In a landmark judgment recently National Green Tribunal (NGT) has imposed a penalty of Rs 76.192 crore on seven private builders from Tamilnadu for raising structures without “ prior environment clearance”. NGT has also quashed two Office Memoranda (O.M.) dated December 12, 2012 and June 27, 2013, of Union Ministry of Environment terming them as 'ultra vires' the provisions of the Act of 1986 and the EIA notification of 2006.

This judgement is big blow to builders all over India and specially for Pune being hub of illegal constructions where many residential and commercial projects are on without obtaining necessary “Prior Environment clearance” (PEC). As the big politicians and babus are indirectly involved in this racket earlier no project proponent of such activities was scared of any law in India. However latest NGT judgment may be a nightmare for builders who have cheated innocent property buyers for crores of rupees. The NGT is the institution that has dedicated jurisdiction in environmental matters to provide speedy environmental justice and help reduce the burden of litigation in the higher courts.

Last November list of real estate projectsin and around Pune against whom criminal cases had been filed, Environmentclearance had been rejected and notices were served for violation ofenvironment clearance norms was published on this blog. Even after list was published the projects were in full swing without any fear of law.

Actually builder can start the construction only after he obtains the environmental clearance. However many builders had started construction without even applying for it. When property buyers asked about EC Builders use to mislead them by telling that - the builder can construct up to 2 lakh sq.ft. Without obtaining EC. We have applied for EC Or We will launch next phase only after obtaining EC. The NGT judgement may put some check on such builder’s gammon.

Earlier if project proponent was found to have started construction without “ prior Environmental clearance”, under the garb of above memorandum on recommendation of SEAC’s SEIIA used to send notices for such violation then Project Proponent used to file an undertaking to ensure that violations will not be repeated. Then proposal would be considered for environmental clearance. However NGT has described this process as violation of law condoning illegal act.

The EIA Notification 2006 mandates the requirement of ‘prior Environmental Clearance’ without exception. However as per NGT the entire mandate of prior Environmental Clearance has not only been diluted but completely rendered infructuous or ineffective by issuance of these Office Memoranda dated

AS per NGT, if construction is found to be started without prior environmental clearance. Authorities have to send stop work notice. Take penal action against project proponent. Demolish or regularize the construction as per NGT act. And then only proposal for fresh “Prior environmental clearance “should be heard.

Photo Courtsey www.zameen.com

The NGT held Office Memoranda (O.M.) dated December 12, 2012 and June 27, 2013 under which violations of PEC were being condoned , to be ineffective and prohibited the MoEF and the SEIAA in the entire country from giving effect to these Office Memoranda in any manner, whatsoever.

NGT also levelled a fine of five per cent of the total cost incurred i.e

Mr. Y. Pondurai: Rs. 7.4125 crores.

M/s Ruby Manoharan Property Developers Pvt. Ltd.: Rs. 1.8495 crores.

M/s Jones Foundations Pvt. Ltd.: Rs. 7 crores.

M/s SSM Builders and Promoters: Rs. 36 crores.

M/s SPR and RG Construction Pvt. Ltd.: Rs. 12.5505 crores.

M/s Dugar Housing Ltd.: Rs. 6.8795 crores.

M/s SAS Realtors Pvt. Ltd.: Rs. 4.5 crores.

All from Tamilnadu.

NGT also made it clear that The above environmental compensation was being imposed on account of the intentional defaults and the conduct attributable only to the Project Proponents. NGT directed that the Project Proponents shall not pass on this compensation to the purchasers / prospective purchasers, as an element of sale.

The other key points of the judgment are

1) The impugned Office Memoranda (dated December 12, 2012 and June 27, 2013) were not only in conflict with the Notification of 2006, but in fact run contra thereto. What was not only intended but in fact was prohibited to be done, was being permitted by the impugned Office Memoranda. They had been issued without reference to any power or source of law and were neither pronounced nor authenticated in the name of the prescribed executive authority.

Photo courtsey www.indianrealestatefordummies.in

2)The requirements of the Notification of 2006 are mandatory in character (PEC). Their default or non-compliance is liable to be punished. The intention of the Legislature is to protect the environment for which words of specific nature like ‘prior’ and ‘shall’ have been used. The impact of non-compliance of these provisions would be of serious consequence, not only on environment but upon the society at large. All these enactments are unambiguous and framed in no uncertain terms and this conveys that projects commenced without obtaining Environmental Clearance would invite the penalty postulated under the Act of 1986 the provisions of Notification 2006 are mandatory and not procedural simplicitor.

Photo Courtsey www.polyp.org.uk

3)The contention that the Project Proponents were under a bonafide belief that they could start the construction without obtaining the Environmental Clearance which they were expected to obtain prior to grant of completion certificate only. NGT held This submission fallacious at the face of it. Every person is expected to know the law. Ignorance of law cannot be a plea. The Project Proponents were not persons who can be presumed to be in ignorant of law, they were into this business for years and the Notification of 2006 came into the existence in the year 2006. All the projects in question commenced in the year 2010 and subsequent thereto

4)The illegal and indiscriminate development activity that has been carried out by the Project Proponents is bound to have serious impacts on environment, ecology and biodiversity and a very comprehensive and stringent study would be required to dilute or mitigate adverse environmental impacts of the projects in question

5)To obtain Environmental Clearance prior to commencement of any activity or project is the mandate of law. This language has to be given its proper and purposive meaning. It is undoubtedly mandatory. When the law mandates prior approval, it ought not to be averred as post activity approval or ex-post facto permission.

This judgement will have long term impact on real estate business in India. However that doesn’t mean builders will stop cheating property buyers. As public authorities in India are stooges in the hands of such notorious builders . they will find new ways to cheat. However if property buyers don’t want their hard earned money to go waste, they should take following precautions.

Photo Courtsey snagesh.wordpress.com

1) If you are booking or have booked a flat in new scheme and if that project requires prior environment clearance, ask for it..

2) If such project proponent (PP) has started construction without PEC , then immediately lodge a complaint with concerned authority

3) If environmental clearance granted is conditional one. Then it is not clear recommendation. It becomes full clearance only after PP fulfills the conditions

4) In case of conditional recommendations adequate precaution should be taken. Because some times to comply with condition like water supply or sewage treatment PP provide fake or certificates from any tom dick and harry who do not have authority to issue such certificates. Especially in case of water supply PP produces certificates from village heads and authorities blindly believe in those certificates however in such cases nobody takes responsibility of actual water supply. In this case you have to obtain information on what grounds such certificate has been issued. It is fact that verifying such documents is responsibility of public authorities. But when they are hand in gloves with real state mafia’s property buyers have to take adequate precaution.

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