Dark past of ‘The Right to Service Act’ in Maharashtra

Recently the Chief Minister of Maharashtra Mr. Devendra Fadnavis announced introduction of the Right to Service Act. Actually such a law already exists in Maharashtra. The only problem is, literary geniuses of Maharashtra have successfully killed it even before its implementation. This law is called ‘The Maharashtra Government Servants Regulation and Transfers and Prevention of Delay in Discharge of Official Duties Act, 2005’. Popularly known in Maharashtra as PoDiDoODA. Provisions of Citizen Charter are almost same as “The Right to service Act’. Some people are now insisting that the current law should be implemented instead of enacting a new law. The babus in Mantralay will love to do so because they have already made it toothless by a weapon called circulars and amendments.

There are several laws in the state of Maharashtra, which if implemented would ensure good governance. However, these laws are not implemented in letter and spirit. For example the Lokayukta Act or the ordinances passed to take action against the corrupt, the law to regulate transfers of government employees and to prevent administrative-delays. There are some more laws and rules, which have been introduced in good faith and with a positive approach. But unfortunately the literary geniuses in Mantralay have killed these laws even before they were properly introduced.

Literary geniuses in Mantralay keep issuing numerous circulars, which are never implemented. It becomes a case of “you tell me the person and I shall tell you the circular”, thus putting into action only those circulars, which benefit the officers or their cronies. Other circulars are thrown in the waste paper basket and none feels bad or sad about it. These circulars are cleverly drafted. If some issue is to be evaded, then the choice of words is so 'creative' as to abash even a litterateur. Perhaps these circulars would pass off as pieces of excellent literary talent. Let us see how they silently killed PoDiDoODA.

It all started in 2000 when Anna Hazare’s agitations were at their peak and the government was worried about his fast. So they introduced several laws and circulars for Good Governance. And later on, tactfully took the soul out of them. On 8th march 2000, the government of Maharashtra issued first circular on this topic. It said “The citizens have minimum expectations from the government; they expect government to provide the services in minimum time and of proper standard. Hence, the Government has issued guidelines on ‘transparency, accountability towards Citizens, to make laws simple and citizen charter.’

And as a part of this initiative, the Government issued instructions that every department should prepare a citizen charter mentioning:

1) The period within which specific services will be provided from various departments,

2) The type services that will be provided,

3) The documents that will be necessary to provide such services,

4) The person to be contacted if the service is not provided in specified time.

A committee was also formed to prepare such a citizen charter. Documentation was to be kept to the minimum. It was to be publicized widely. The persons posted on the counters opened to provide such services were to be polite. The Citizen was to be informed on the spot if there was any flaw in his or her application and also to be informed in writing of the date that the concerned service will be provided. There was to be a penalty if the service was not provided in time and an incentive for prompt service. An appropriate place with arrangements for drinking water was to be provided to the citizens asking for such services.

Sounds interesting, isn’t it? However, in time to come, the Babus hand in gloves with the politicians (the Neta-Babu nexus) kept introducing circulars after circulars for so-called “proper” implementation of the Citizens Charter. Finally, after five years from first circular, the Government of Maharashtra enacted the law, Maharashtra Government Servants Regulation and Transfers and Prevention of Delay in Discharge of Official Duties Act, 2005. This Act has two parts, one for regulation of transfers of government employees and another to prevent administrative delays. The first part was implemented and later on manipulated for the convenience of government employees. But the second one was not implemented immediately as it was in the interest of the common citizens but would have ensured discipline amongst government employees.

Meanwhile, the Babus issued so many circulars so that the Act became defunct. This Act came into force on 1st July 2006 and within three months; the babus came out with a circular on 30th October 2006 explaining the meaning of some of the provisions of the act. This was actually the death warrant for the Act. The circular said:

1) Municipal corporations, municipalities and panchayats were out of the ambit of this Act under the pretext that these institutions have their own rules and regulations.

2) The time taken for a report from an authority not covered under this act was allowed to be deducted from the total time required to provide the specified service (E.g. if a certificate from the collector’s office involved a report on the date of birth from a Municipality).

3) If the public servant concerned is on leave or is on another duty, then such matters are to be considered before initiating action against him. This, in effect, releases all public servants from their responsibilities of the Citizens Charter.

4) If the case has not been decided in the specified time, then the servant concerned will have to state reasons for it and after consideration, his senior may grant him/her more time. This made the provision of timely service meaningless.

5) If specified service has not been provided in time and if it is proved that it has not been done because of the act of the difficulties of the public servant concerned, then (s)he will not be penalized.

There are several other things that provide security to the public servant but in no way helps common citizen to receive services (s)he requires. Hence, this Act has become almost null and void. It is, therefore, pointless to insist for PoDiDoODA because it will meet the same fate as the babus are entrenched and the same babus with changed loyalties will now be in action.

PoDiDoODA applies to Mantralay and its departments. The government has introduced a separate law for municipal corporations, municipalities and panchayats. This act is known as “Maharashtra MunicipalCorporations and Municipal Councils (second amendment ) Act, 2010. With this amendment to Bombay Provincial Municipal Corporation Act, 1949, Nagpur City Corporation Act 1948 and the Maharashtra Municipal Councils and Nagar Panchayats and Industrial Townships Act 1965 came into force on 16th august 2011.The provisions of this Act are similar to PoDiDoODA and almost all the establishments covered under this Act have been tasked to prepare citizen charters but service has not been provided as per the Act anywhere.

The funniest part is that the rules for PoDiDoODA came in to force in November 2013 i.e. after seven years of its promulgation. Hence, citizen’s charter was not implemented in many departments. Even then,the then Chief Secretary of Maharashtra Ratnakar Gaikwad in 2011 , tried to assess the impact of the penal provisions of Section10 (2) and (3) of the Act. As per these sections if service is not provided within specified time the public servant concerned is liable for action as per civil services rules. Not surprisingly, nobody replied as they knew it was just a formality to show what government was doing for so-called Good Governance.

So there is no point in insisting for implementation of PoDiDoODA. Instead the Chief Minister of Maharashtra Devendra Fadnavis should promulgate the “Right to Public Services Act” ( ‘लोकसेवा हमी कायदा’) in Maharashtra as instructed to the Chief secretary. It will be great if citizens of Maharashtra also help Government in this regard.

As on date, Right to Public Services Act is in force or in process in many states. The people of Maharashtra have an opportunity to participate in the process of drafting a good law, taking in to consideration the experience in other states. So they should go through the acts-bills reproduced below also ask their friends and relatives in respective states their experience in this regard and give suggestions, so that citizens of Maharashtra will be able give ‘citizens draft’ on “ Right to services Act’ to government.

Central Government Bill - http://goo.gl/6vxFaY

Punjab - http://goo.gl/V8sJFM

Uttarakhand - http://goo.gl/CMwQy9

Madhya Pradesh - http://goo.gl/xBU2LF

Bihar - http://goo.gl/J9Ja4n

Delhi - http://goo.gl/DdexTV

Jharkhand - http://goo.gl/1M0e1H

Himachal Pradesh - http://goo.gl/yACbc3

Rajasthan - http://goo.gl/voZfGL

Uttar Pradesh - http://goo.gl/pQ7ogp

Kerala - http://goo.gl/fikbrJ

Karnataka - http://goo.gl/6jNeqE

Chattisgarh -http://goo.gl/5vbK4v

Jammu and Kashmir - http://goo.gl/YAswfE

Odisha - http://goo.gl/pBbZc8

Gujrat - http://goo.gl/tzcqP9

West Bengal - http://goo.gl/jsjSAq

Goa - http://goo.gl/SpCyJL

Haryana - http://goo.gl/tVOSV9

Related Story

Literary geniuses of Mantralaya, a case of wasted talents

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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.

Vijay Kumbhar

RTI Resource Person, RTI Columnist

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Custodial Deaths Row,Maharashtra Government fails to install CCTVs in Police stations

Recently Bombay High Court pulled Maharashtra Government for not complying its directions   to install CCTV Cameras in every corner of the room of the police stations including an interrogation room before 10/09/2014. HC also expressed displeasure over not inviting tenders and making assessment and finding out how many police stations are there and how many CCTV cameras will be required for installation.

The Assistant Public Prosecutor for the State had asked twelve weeks' time as the report from the Home Department on this issue was awaited. HC then had adjourned the case till 24.9.2014. But now as the hearing has been adjourned till 13 November 2014 state government has got some more breathing period.

In its directions HC had asked Maharashtra Government to immediately install and maintain closed circuit television (CCTV) with rotating cameras in every corridor, room and lock up of each Police Station in the state so that every part of the Police Station is covered 24 hours of the day. Compliance report on this order was to be given before 10 September 2014.

Last month on 13 august after it was brought to the notice of the court that there were 333 custodial deaths over a period of 15 years from 1999 to 2013 in Maharashtra  and 43 FIRs were filed and 19 charge-sheets were filed, but no police officer has been convicted so far. Bombay High court had passed severe stricture on police. HC was hearing a criminal writ filed by Leonard Xavier Valdaris, father of deceased Agnelo Valdaris who  died in the custody of the Wadala Police.

Angelo by profession a driver was arrested with three others by wadala police. It was alleged that in custody police brutally tortured and sexually abused the accused. Later on Angelo was found dead. It was also alleged by Angelo’s father that police claim that Angelo died while escaping from the custody of the police, was well planned and designed to avoid criminal consequences arising out of the action of the accused. It was also submitted that, in fact, version had been given by one of the injured person in which he had in terms stated that one of the police officer had threatened him, that even if he dies during interrogation, he would be shown to have been killed in a railway accident.

Photo Courtesy - ummid.com 

While hearing this case HC initially refused to hand over the investigation to CBI, However court ordered CID to file fresh FIR. Then it was alleged by angelo’s father that an attempt had been made to destroy the evidence and fabricate the same   in   order   to   protect the   original accused, HC passed strictures against CID and handed over the case to CBI.

HC also observed that the manner  in  which  the  offence  was  alleged  to had been committed, was  gruesome and there was  complete lack of sensitivity of the interrogating agency in interrogating the accused. The photographs produced of the injured persons also indicated that they were brutally tortured by the police. 

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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.

Vijay Kumbhar

RTI Resource Person, RTI Columnist

Phone – 9923299199

Email – kvijay14@gmail.com

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“Deceptive real estate investment schemes” and Right To Information

Mumbai pune nashik is called Golden Triangle of Maharashtra because of its best connectivity with Mumbai. As Pune and Nashik continue to be hot destinations for realty investments, here is huge demand for land from urban rich.

This demand is specially more in  Maval and Mulshi talukas because they are known for  fine scenic spots. But marring this tag, they are getting the dubious distinction of being the hotbed of fraudulent land deals.The changing of ownership titles of large tracts of land in Mulshi and Maval talukas, in Pune district, without the knowledge of original title holders, most of them farmers, to build resorts and farmhouses for the urban rich, is a scandal that has been going on for over a decade.

It is not the case that government doesn’t know this, but most of these deals are done with hand in gloves of land mafias with politicians and bureaucrats. You go anywhere in any village of these taluks you will find every big politicians ( despite of which party he/she belongs to) or bureaucrat land here .Hence common person cannot have easy access to land records in these taluks. Not even that , you will not find mulshi taluk on collector’s official website.

Mulshi taluk disappeared from Pune district Video Courtesy - Zee 24 Tass

If anybody tries to go in details of the Land records here, Mafias by hook or crook silent him/her. RTI activist Satish Shetty was killed because of the information he procured of massive land scams in Talegaon and Lonavala. The land sharks in Pune district are ripping off original land titles, and his killers are still moving scot free.

There is another angle to this story also. People always fall in love of investment offers of plantation schemes, Calm, Private, Luxurious and yet open Farm house plots with Sunrise / sunset point, Swimming pool, Landscape garden, Exclusive Developed demarcated plots with Boundary Fencing, forest walks along the periphery etc. etc –

What may restrictions and prohibitions SEBI, RBI or the government impose to tackle collective investment schemes or Ponzi real estate investment companies. Financial scams and scandal rock the country on regular basis, promising quick money to gullible small investors. They find loopholes in laws and regulations, play different tricks, play with the words, and give deceptive promises and so on.

To tackle this issue, Right To information is the best solutions. 

Photo courtesy - Ravi Karandeekar

Related Posts

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  

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.

Vijay Kumbhar

RTI Resource Person, RTI Columnist

Phone – 9923299199

Email – kvijay14@gmail.com

Website – www.surajya.org

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Anger in police department over Unequal allocation of duties and victimization of whistle blowers inside

Making good good laws can not serve the purpose, there are several such laws In India but have become useless due to lack of proper implementation. Hence entire governance system has become defunct. There was hope that Right to Information Act (RTI) will help reduce corruption and improve governance but it didn’t happen. Many people who brought to light irregularities through RTI had to loose their lives or compelled to face the music. 

Hence there was a demand of a law to protect such whistle blowers, it was paid heed and whistleblower protection act came in to existence, though rules to this act are yet to be formed. This act was supposed to protect persons including public servant making a public interest disclosure related to an act of corruption, misuse of power, or criminal offence by a public servant.

To protect such whistle blowers there are three major provisions in whistle blower act

a) Government has to ensure that no person or a public servant who has made a disclosure under this Act is victimized by initiation of any proceedings or otherwise merely on the ground that such person or a public servant had made a disclosure or rendered assistance in inquiry under this Act.

b) The Head of the organization or office concerned shall not directly or indirectly reveal the identity of the complainant or public servant who made the disclosure.

c)If any person is being victimized or likely to be victimized on the ground that he had filed a complaint or made disclosure or rendered assistance in inquiry under this Act, he may file an application before the Competent Authority seeking redress in the matter,

Picture courtesy http://www.livelaw.in 

There was a hope that large number persons inside the system will come forward to to bring irregularities in their own department. But it didn’t happen, because till today our system hasn’t matured enough to take it positively if any public servant brings to light some irregularities of his/her own department.

For example a lady constable in Maharashtra police department took a training of Right to Information act from Yashada. As a part of training she was asked to have inspection of information disclosed under section 4 of RTI act of any public authority and give a gradation. The lady had a inspection of her own department and gave “D” i. e worst gradation because compliance u/s section 4 of the department was not up to the mark. Not only that in good faith she also reported this thing to highest officer of the department, and informed them that she will inspect the office once again after a month. As the lady had already brought some irregularities out through RTI, seniors took this letter as a insult to them. They sent her show cause notice and penalized her with fine of 110 rupees for alleged indiscipline.

There may be truth in allegations of abusive language by the the lady constable. There are some rules and regulation of departments, that are to be followed by by the servants and in department like police those are very strict have to be followed. Hence fine imposed upon lady constable can be justifiable. But in this case police obeyed their rules but what about RTI and whistleblower act, did they follow it? , did the information related to section 4 comply with? Did they take any action on irregularities exposed by lady constable? The answer is “no”?

There is lot of anger in police department over Unequal allocation of dities and subsequently irregularities and injustice due to it. Hence they are demanding dissemination of duty chart since many days. They tried to obtain about it through RTI but failed. Ae well there is long pending demand implementation of recommendations made in various  report on police reforms .But nobody paid heed to their demands hence some people tried RTI rout, due which some irregularities came to light. But obviously senior felt unhappy because this move was straight attack on their inefficiency. Hence they are victimizing junior level staff under the garb of departmental discipline. Now question before such staff is whether to bend before departmental discipline or to fight against injustice with help of RTI and whistleblower act.

Image courtesy  http://puputupu.blogspot.in/

In this case as this lady constable has brought many irregularities of the department to the light police department has sent has several show cause notices to her. In such scenario to whom she should go for protection and justice?. It’s sure that her own department is not ready to help her and there is no competent authority appointed under whistle blower act.

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RTI KATTA  

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.

Vijay Kumbhar

RTI Resource Person, RTI Columnist

Phone – 9923299199

Email – kvijay14@gmail.com

Website – www.surajya.org

facebook.com/kvijay14

Twitter.com/kvijay14

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

What may restrictions and prohibitions SEBI, RBI or the government impose to tackle collective investment schemes or Ponzi investment companies.Financial scams and scandal rock the country on regular basis, promising quick money to gullible small investors. They find loopholes in laws and regulations, play different tricks, play with the words, give deceptive promises and so on. It is not the case that government official don’t understand or don’t know such cases but they hand in glove with promoters of such schemes and land mafias turn their eyes away from it.

Recently CBI registered a case of criminal conspiracy and cheating under Sections 120B and 420 of IPC against Nirmal Singh Bhangoo, his two companies Pearls Agrotech Corporation Limited (PACL) and Pearls Golden Forest Limited (PGFL) and their director Sukhdev Singh. "Investigations have revealed that Bhangoo's companies raised investments from over 5 crore gullible investors through collective investment scheme under the garb of sale and development of agricultural land,

As well Mumbai  city economic offences wing (EOW) is probing a case involving PACL (formerly Pearls Agrotech Corporation) for allegedly duping investors by promising land. There are over 5 lakh investors in the state who invested money to get a plot or double their money in five years. Recently, the Securities and Exchange Board of India (Sebi) asked PACL to refund Rs 49,100 crore to the investors within three months. Sebi has also ordered the immediate closure of unauthorized collective investment schemes (CIS) run by the company.

In Pune and around also several such schemes are being run. Few days back my friend and real estate blogger Ravi Karandeekar  forwarded me email sent to him by Landson realties requesting him to remove the YouTube Video of company’s Suhas Phadnis and team. I appreciate that ravi didn’t do so. Now question is why company was insisting on him to remove the video. Before drawing any conclusion lets have a look on the email, it says

“Dear Mr. Ravi,

As we have sold out our Layout of Teak county totally, please Remove the YouTube video uploaded by you of Suhas Phadnis & Team. Secondly our Project name was changed from Teak County to Wood County so it is not legal to keep old video with that name. We request you to remove the video at earliest.”

Now first of all if they have sold the entire layout then they should be proud of it, they can easily and with pride tell customers that our project was so successful that all plots are sold. However there is no harm in keeping video on YouTube.

Secondly if the name of the project has been legitimately changed from Teak County to Wood County, it makes no difference, it is perfectly legal. However before changing name project has to be registered with some authority, There is nothing such thing mentioned in videos or company website about where the project has been registered.

Landson claims that it has 104 acre land in its possession however IGR record shows hardly around 20 acre land in its partner’s name. They should come clean on this issue before claiming sell of all the 104 acres.

So what could be the reason behind insisting for removing the said video? , After going through that video, Teak County, Wood County websites and other related videos, it becomes crystal clear that the many statements made by team suhas Phadnis and his company are daisy and deceptive.

Now if you look at the project highlights of the “wood county” it clearly says that “We are selling you an agriculture land with professional legal process. Teak Plantation is a feature where your planted trees will be registered with the Government. Plus, we will be maintaining Teak plant for you.”  But can any one purchase only land here? The answer is “no”. One has to go for plantation scheme. If he/she wants to purchase only land here, there is no other option.In its FAQ section in an answer to question ‘CAN WE HONOUR CLIENT’S DEMAND FOR LAND ONLY?” Company categorically says “The project offers land with teak plantation as a package.  It’s a two generation project and you can keep the land for your next generation by selling off the teak trees.” ( see FAQ no 30 ). In other terms whatever purchaser is paying under this scheme  is the contribution or payment made to such scheme or arrangement by the investors with a view to receive profits, income,  produce or property, whether movable or immovable from this scheme or Arrangement is a “Collective investment scheme” and is contrary to  Sebi regulations.

They pretend that Wood County is only selling the land, but that is not true going for teak wood plantation is compulsory. They also pretend that they are planting teak free of cost and will maintain it free of cost, but is that a truth ?. In fact, whether purchasers pays lump sum or on installment he has to sign an agreement of ten years for maintenance of the plot and water supply for the trees and has to pay Rs. 2/ sq. ft. for first five years and Rs. 2.5/ sq. for next five years or till the reaping of the trees whatever is later. Purchaser can not terminate this agreement,  if he does so,  he has to pay double the amount of remaining period towards liquidated damages.

What sort of land dealing is this?. This is nothing but a collective investment scheme (CIS).As per SEBI regulation Any scheme or arrangement made or offered by any company under which the contributions, or payments made by the investors, are pooled and utilized with a view to receive profits, income, produce or property, and is managed on behalf of the investors is a CIS. Investors do not have day to day control over the management and operation of such scheme or arrangement.

And, as per Section 11AA of the SEBI Act, A Collective investment scheme is any scheme or arrangement, which satisfies the following conditions:

 (i) the contributions, or payments made by the investors, by whatever  name called, are pooled and utilized solely for the purposes of the scheme or arrangement;

(ii) the contributions or payments are made to such scheme or arrangement by the investors with a view to receive profits, income,  produce or property, whether movable or immovable from such scheme or

arrangement;

(iii) the property, contribution or investment forming part of scheme or arrangement, whether identifiable or not, is managed on behalf of the investors;

(iv) the investors do not have day to day control over the management and operation of the scheme or arrangement.

Ladson realty satisfies all above conditions and in FAQ no 18 they also admit that “This indeed is our first Teak project and is just the beginning.  We have many more in pipeline”.This is clear confession that landson is attracting investors to invest in teak plantation and not in land.

Landson  also claims that they will plant 140 Teak wood ( In FAQs they say 100 Plants, see FAQ 25) saplings free of cost i.e. without any consideration whatsoever being paid by the Purchaser and there is no sale and/or any other like transaction of any nature. But is it really so? , then why they collect annual maintenance charges from purchaser after selling the land and why there is condition of double the maintenance charges if purchaser discontinues with the plantation scheme ?. This is nothing but contributions, or payments made by the investors, by whatever name called, are pooled and utilized solely for the purposes of the scheme or arrangement and illegal as per SEBI regulation

Ladson also claims that they are giving saplings free of cost as companies Corporate Social Responsibility (CSR).When did Landson became a listed company?. If they are a company they have to be registered with SEBI. And as per Companies Act, 2013, any company having a net worth of rupees 500 crore or more or a turnover of rupees 1,000 crore or more or a net profit of rupees 5 crore or more should mandatorily spend 2% of their net profits per fiscal on CSR activities. Landson is not a listed company, it’s a partnership firm, And to deceive investors they are naming only CSR, actually they have nothing to do with CSR, also they are giving nothing free to the investor ( in landson’s language “purchasers”) Now look at the profit range of landson . In April 2014 they purchased 1.93 hector ( Two lakh eight thousand sq. ft. ) land at the cost of 18 lakh i.e. around nine rupees per sq. ft. and immediately started selling it under the name of teakwood plantation at the rate of 100 rupee per sq. ft. 11 times more than purchase price in just few days. plus recurring maintenance charges. Is there any other such lucrative business?

Not only this after so called sale of land, Landson also reserves right of amalgamation of all the plots with itself. There is one condition in an agreement “The purchaser hereby exclusively entitles to the vendor to specifically to do all that is required for amalgamation of entire holding of the vendor. It is further agreed that the purchaser is aware of the fact that the vendor shall amalgamate his entire holding and that the purchaser hereby authorizes to the vendor to do all that is necessary for the same.” How can one keep any rights with himself after selling the property?

Landson also claims 1 cr income after reaping of teak but refuses to give any written commitment, says “As per the guidelines issued by RBI and SEBI, we cannot offer any such written commitments.” (FAQ 39).

The project name initially was Teak County; it was later changed to Wood County. As Teak County they were selling same plot of 10890 sq. ft. with same built-up area

 ( http://www.commonfloor.com/teak-county-pune/povp-23lnui?f=sem_Teak-County-02&gclid=Cj0KEQjw7b gBRC45uLY_avSrdgBEiQAD3Olx41ERhz97AuABrZWf33EmFPauOdC6LwJHwoy8fcSq9waAkcX8P8HAQ ) . Ad was saying “Teak County is one of the popular residential developments in Talegaon, neighborhood of Pune. It is among the ongoing projects of its class. It has lavish yet thoughtfully designed residences.”, Lanson always advertised that  the project is in Talegaon , kanhe ,Takwe  but actual project is in kashal. Why so?

Landson has published video of one Maharashtra Forest official Mr. kashinath Rathod who was praising the project. The search of this name and designation in government website yielded nothing.It will interesting to know which law has permitted this public servant to praise such private collective investment project. What details of the project did he check before doing so?

In the nutshell the investors or purchaser in such projects must take adequate care before investing their hard earned money, there is no point in crying fowl after loss. They should always insist for all the documents from the developers and take guidance from reliable lawyer in such cases. And developers should also come clean before launching any scheme any ambiguity may lead to serious consequences.

Related stories

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

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

Why Ponzi schemes flourish?, Why so called Investors don’t learn lesson from earlier frauds?. It is not the case that promoters of such schemes are clever or intelligent. Actual reason for that must be the number of fools who want to get cheated is multi million times more than the actual cheaters.

People always fall in love of investment offers of plantation schemes, Calm, Private, Luxurious and yet open Farm house plots with Sunrise / sunset point, Swimming pool, Landscape garden, Exclusive Developed demarcated plots with Boundary Fencing, forest walks along the periphery etc. etc.

Promoters of such scheme always develop good relationships with investors . They only cheat or appoint and encourage such agents who can cheat near and dear ones. They keep changing their business names frequently. Yesterday what was “x” county next day it becomes “y” county. And what they promised in earlier scheme may not be the same in latest scheme. For example suppose they promised you non agriculture plot residential plot on same property may sale it today as agriculture land ideal for plantation scheme.

Since last some years such schemes are on its high in and around pune. Unfortunately now a day promoters of such schemes some times find government officials to rope in it. Actually as per law no public servant can promote and advertise such schemes but when so called investors see public servant talking nice about any scheme they assume that scheme is legal one.

Currently there is ban on collective investment schemes hence these people don’t name it as investment scheme but all the things in there promises lead to it only. Now  a days they promise you peace of land that doesn’t belong to them, they never tell you survey numbers until you invest initial amount. So such investors should take care of following things

1) Check credentials of promoters

2) See that what he had promised on same land earlier; Ask him why he changed the name of scheme? It is easy in these social media days.

3) There is ceiling on possessing agriculture land, If any body claims that some hundred acres agriculture land in his name, it sure that he is lying

4) You must be agriculturist if you want to purchase agriculture land. If promoter says he will make some “Jugad” to prove you agriculturist. Be sure that he has done everything by “ Jugad” in said scheme

5) Unless promoter shows exact survey nos don’t believe in him. If he says he will tell survey no after investing something then is surely there is something fishy.

6) Don’t invest any paisa before knowing exact status of land i.e. hill top, hill slope, agriculture land, N. A plot or anything. There is no such thing like proposed N.A. land is either N.A or agriculture.

7) check ready reckoner rates of lands in and around Pune here - http://igrmaharashtra.gov.in:8080/eASRCommon.aspx?hDistName=Pune.Normaly they charge 50 times more than actual rate, check whether the money you are spending  is worth.

8) See how much is difference in ready reckoner rate and sales price and think whether it is justified ?

7) Always remember Malin and Katraj before investing any thing on hill top hill slope.

  

Related Story

Charge sheets against illegal plot buyers will stop disastrous incidences like katraj tragedy

Satish shetty murder case, Why CBI filed closure report?

In its closure report submitted to Vadgaon Maval court in Satish Shetty murder case CBI had claimed that the motive behind murder has not established beyond reasonable doubt. However, Earlier in i.e on 8 august 2014 CBI in its case in Bombay high court, as a petitioner CBI had submitted that Shetty was murdered after he had unearthed the scam in respect of land, which was acquired by the State Government for constructing Pune Express Highway from the farmers, but, the said land was purchased by certain private limited companies, who entered into postdated transaction. The CBI had also submitted that Shetty was murdered since he had unearthed this land scam and asked for direction to re-investigate the crime which has arisen out of the said scam or transaction.

That means CBI knew the motive behind Shetty’s murder. Then what are those circumstances that suddenly it took “U” turn and said that motive has not been established .If CBI wants to close the murder case then what is point in reinvestigating the complaints filed by Satish Shetty in land dealing scams?. CBI could have done that also by keeping murder case open.

CBI has given following difficulties to prima facie prove charges against the accused persons:

1.            No prosecutable definite evidence arrived at so far. There is no evidence which can prove beyond reasonable doubt that this particular accused killed the deceased.

2.            The deceased was having many enemies. None of the enemies could be tangibly co-related and connected. The deceased had applied for police protection for his life but had not mentioned anybody by name,

3         Telephonic conversations are not recorded conversations and it will not be helpful for the prosecution.

4.            Polygraph test is not a confirmatory test and not a substantive piece of evidence hence absolute reliance cannot be placed on it.

5.            There is no direct evidence against Sh.Virendra Dattatreya Mhaiskar (A-10).

6.            There is no cogent evidence to prove the action of abetment and therefore the case is on weak foundations.

7.            The available evidence is mostly circumstantial but there are missing links in the chain of evidence.

S.           The main eye witness Smt. Vandana Murhe is silent on the most vital issue. This is the biggest hurdle in the case.

9.            No direct or circumstantial evidence has come to fore indicating prima fade that the murder of the deceased was the handiwork of any of the suspects. The real assailant had not yet been identified or traced.

10.          There is no positive evidence either direct or circumstantial as admissible in law to identify the actual person who murdered the deceased

11.      The motive has also not established beyond reasonable doubt

12.       Weapon of offence had not been recovered

Page 1 of Bombay High Court

Page 2 of Bombay High Court

After Malin Tragedy , who is next?

After Malin Tragedy residents living in hilly area are scared .They fear that haphazard and illegal cutting of hilltop/hill slopes may cause Malin like incidence in their their villages. Visit to such areas prove that vast number of illegal excavation, hill cutting, unauthorized development is going on in and around pune. Large number of hills, mountains and lands are being excavated without any necessary permission.

In Mugawade near Paud in Mulshi tehsil of Pune district,  sahyadri hill is being excavated by mine blasting since last some years.

Hill is being excavated

You can Imagine scale of excavation

It is not case that citizens have not complained about such activities to the administration. As far as Mugawade is concerned here is what former sarapanch of the village has to say about it. Earlier there was also lands slide here; crop was destroyed however developer managed the things with help of money and muscle power.

Sahyadri hill is pride of India, it is also UNESCO world heritage site,  it is one of eight hottest hotsopts of biological diversity in the world . it belongs to history of Maharashtra and Shivaji maharaj. This is not the only site being excavated there are several other such sites. However now a days Land mafias hand in gloves with administration have obtained full control over some part of this heritage hill.

  There is  illegal excavation , hill cutting , indiscriminate tree cutting going on this part of the hill. Land mafias are developing so called proposed N.A plots, farmhouse plots, bungalow plots, and private hill stations causing lot of nuisance to environment. Citizens keep complaining but administration does not pay the attention to it, because either they are party to or partner in such illegal developments. None of these developers have non agriculture ( N.A) permissions even then work is going on in full swing.

It can not be said that every digging or excavation is illegal, but if these activities are legal why the district administration is hiding the information? What is the harm in disseminating information about how many of those are legal? Have they taken all the necessary permissions or not ? etc . Actually all this information must be on website.  All such permissions and extensions to them fall u/s 4 of RTI Act and administration is bound to disseminate such information. However administration doesn’t do that,  because they want to help land mafias.

 If administration doesn’t take necessary steps immediately to stop such illegal development and disclose information related to N.A and other necessary permissions, they ( administrators) and  purchasers of such properties should be held responsible for any mishap in future.

The scale of excavation

Can this type of cosmetic efforts help arrest landslide? You can easily see the compound to stop landslid and below it is part of hiil that can slide anytime. This is second home of so called intellectuals  on privately owned Hill station

Is this love for nature or rape on environment?

Malin residents, Victim of Criminalization of Government

More than 82 dead bodies have been found in the tragic incident occurred at Malin in Ambegaon taluka and the many more people are expected to have died. The exact reasons of this incident will come forward at appropriate time but there is scope to say that the basic structure of the hill was disturbed because of leveling of the hill and this tragedy took place.

Of course, this has not taken place in a day or two. This process was going on for years.. Now many reasons will be offered for the leveling of the land. It is a different matter whether those reasons are justifiable, moral or immoral or how. However, it cannot be denied that these same reasons caused this tragedy. Whether you play with nature knowingly or unknowingly, it will have adverse effects without fail.

Tribal villages like Ambegaon, Vachape, Kalambai, Phulwade, Borghar, Malin, Adivare, Panchale, Asane, Kokanewadi, Koltawade, Bendharwadi, Patan, Mahalunge, Kushire Budruk, Kushire Khurd, Sakeri, Pimpri etc. were submerged under the  water of Dimbhe dam from the tribal belt of Ambegaon taluka. Since the farmers' lands in these villages were submerged under the dam water, thousands of families were left unemployed and became unsupported permanently. The age-old occupation of these people was to collect the medicinal plants and sell them. As it fails to support them, many families work as laborers for some part of the year. Because of the displacement of various types of the Dimbhe dam, the situation of these people became all the more distressful. It is a custom to do physically demanding tasks in this remote part collectively, which is called padkai. However, it would not be inept to say that the administration dealt blow to this tradition and paved the way for this accident.

The announcement was made in the winter session of legislature in 2010 that a new head was created for the implementation of padkai program in the Ambegaon taluka of Pune district and a fund of Rs 38 crore was reserved for the same. It was proved later that this decision was politically motivated and to garner tribal votes in a bunch. The tribals never play with nature. Hence, had some works were carried through padkai and collectively, then perhaps this tragedy would not have occurred. However, the government yielded to the pocklane lobby's pressure and did not recommended the padkai program as the pilot project of Maharashtra for the National Rural Employment Guarantee Scheme. Hence, the road was paved to flatten the land with pocklane machines rather than physical collective effort.

Pune district has seen the tragic incidents because of cutting and leveling the hill top and hill slope in the past few years. The government pretended to take some measures after many people become victim in such incidents. In 2011 Flying squads were appointed to stop encroachments on the hills, to take action against them and stop digging up of hills. However, what these squads did, whether they stopped them or helped them remained shrouded in mystery. It was never heard that any action was taken because of these squads. On the contrary, such acts are seen to have increased after the creation of such squads.

Especially after 2004-05, the incidents of playing with hills and hillocks, riverbed increased in the Pune district. Thereafter, many builders made up crores of square feet land by digging hills and hillocks. Blasts were made literally day and night for this. Actually, the law does not allow digging up the hills this way. However, many businesspersons created land through such measures and even sold them. During the same time, Katraj hill was dug up; hills in Warje, Baner and Bavdhan were encroached. Sahyadri hill was dug up at Mugawade near Paud. Literally thousands of kilos of explosives were used for this. Once even there was a landslide there but since there was no loss of life, the villagers were made to shut up. But the illegal hill digging did not stop. As a result, the risk persists for one or another time. The nature perhaps would not allow raising voice of the citizens who were forced to shut up once. Hence, the time has come for the people here to ponder whether to remain muted and wait for the inevitable to happen or raise voice against it.

The experience in Pune district is such that the administration does not abandon its poise howsoever the citizens complain against such acts. The administration roared that tehsildar and divisional officer would be held responsible for such acts after citizens complained. But nothing happened next. For the record, the administration creates a “Kishan Rathod” of someone after such an incident happens. This does not mean that Kishan Rathods have no blame to share. They are guilty, but the officers and politicians who help such Rathods in their crimes, guilt and illegal acts are even guiltier than them. They do not face any punishment. Because they are the ones who commit crime, investigate it and then decide on it. Taking stock of the illegal digging of the hills and hillocks in Pune district and illegal constructions in the riverbed, leaders from political parties and senior officers are found to have maximum participation in it.

Sahdyadri hill near Mugawade was intact in 2009. This area is included in the Madhav Gadgil report on Western Ghats.

The same hill is in this condition after it was dug up.But government officers and flying squads never saw the condition of Sahdyadri hill after its digging.

The officers do not even now see the privately owned jetty in the riverbed at Ghotavade in Pune.

The place in the riverbed at Ghotavade in Pune was like this in 2009

And the above place was like this originally.