Pune Land Scam May End Enknath Khadse's Political Career

If handled properly, the Pune land scam may put an end to revenue minister Eknath Khadse's political career .The way skeletons of this scam are tumbling out of governments cupboard , it appears that khadse has violated the oath of office and secrecy and is guilty of  disloyalty to the government and conflict of interest.

Photo courtsey www.bamulahija.blogspot.com

Violation oath of office and secrecy

All  ministers while taking the office of oath solemnly affirm allegiance to the Constitution of India , faithful and conscientious discharge  duties as a Minister and to do right to all people in accordance with the Constitution and the law without fear or favor, affection or ill-will.

They also affirm that they  will not directly or indirectly communicate or reveal to any person or persons any matter which shall be brought under their  consideration or shall become known to them ,except as may be required for the due discharge of  duties as such Minister

Photo courtsey www.behance.net

Khadse has violated both the oaths , He  was always  allegiant to his family only  and not  to  the constitution of India. He didn't discharge his duties faithfully ,he always favored  family only.  Be it chairpersonship of Mahanand dairy an apex federation of district and taluka milk unions , or be it his daughter in laws Membership to the house of parliament. The consciously saw that his family was being favored  and public money would  go to them  only.  

Khadse's ill-will was prominently established when it was surfaced that he had called a meeting  after  initial payment for the purchase of the three-acre land in Bhosari, Khadse held a meeting where he ordered that the landowner should be compensated as per the enhanced rates under the new Land Act .In this meeting, he kept all the official in dark about his direct involvement in that deal.

Khadse also violated the oath of secrecy . He not only communicated about the land in Bhosari to his family but also saw that  the original owner if at all compensated will get peanuts and the major chunk of the money will go to his family.

photo courtsey www.dnaindia.com

Disloyalty to the government

As guardian of government lands in Maharashtra,  it was  Eknath Khadse's duty to protect the interest of the Government  and not to allow anybody to grab the compensation or land under the garb of sundry excuses. This act itself shows that he was not loyal to the Government. In this case, Khadse was interested in compensation to be given as per new law in 2013 for the land lat has been acquired almost  40 years back. If the government accepts to pay compensation as per new law for the lands that are acquired long back, it will make government insolvent. because there hundred of such cases where land is acquired but nobody has either accepted compensation or even nobody was either aware of  such compensation.

Conflict of interest.

The purchase of 1.61 hectares of land in Bhosari by relatives of Khadse was a clear case of conflict of interest and trading of favours. On face  though it appears that the deal was technically legal but actually it was not legal. The land belongs to MIDC, which issued a notification in 1962 and acquired it after paying compensation to its owner, Abbas Rasulbhai Ukani. After purchasing the land from Ukani, the MIDC has leased out it in smaller plots to various industrial units for 99 years. 

In Itar Adhikar column of this land,  MIDC's name is there . ITAR ADHIKAR (Other rights)on land is an important column to be carefully looked for when identifying the extract. It may consist of several other statutory or general obligations on land such as restriction on land transfer or liabilities on the holder or encumbrances on land or other rights attached to the land. Entries in this column can completely make the transaction invalid if overlooked. But who cares when the deal is related to Revenue Ministers relatives. Khadse's involvement, in this case, was not for the help of Ukani but to grab the benefits of this deal for his own fan family . And that is nothing but a conflict of interest.

All the three things mentioned above make Revenue Minister khadse disqualified under the representation of peoples act. And if it happens , that will be the full stop to his political career.

Related  Story

Which way Eknath Khadse is heading , Manohar Joshi or Chagan Bhujbal ?

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Which way Eknath Khadse is heading , Manohar Joshi or Chagan Bhujbal ?

Forget loopholes in the  process of land acquisition and other ambiguities. As guardian of government lands in Maharashtra,  it was  Ekanath Khadse's duty to protect the interest of the state and not to allow anybody to grab the land under the garb of sundry excuses. As per Indian express  days before his family members bought a three-acre plot in Bhosari near Pune from a private party, Maharashtra Revenue Minister Eknath Khadse held a meeting with officials from the Maharashtra Industrial Development Corporation (MIDC) and the revenue department at which the compensation to be given to the original owner under the state’s Land Acquisition Act was discussed. The way things took place in last few months in this case is nothing but a clear case of  corruption, underhand dealing , misuse of power and abuse of court procedure.

 Khadse had purchased three-acre land in Bhosari for a throwaway price at approximately Rs 3.75 crore from the original owner in the name of his wife Mandakini and son-in-law Girish Chaudhary. The market value of the land was Rs 40 crore. While executing the document of this deal several sections of the registration act have been violated by the Minister , his family and officials working under Minister.

The land Khadse has purchased belongs to MIDC and consists of open space and industrial plots that MIDC has leased to some Industries 40 years back. So the question of using this land for any other purpose doesn't arise at all. There may be doubt about whether or not acquisition process had been completed or not. However , in any case Khadse was not supposed to purchase this land and claim for the compensation . This is nothing but a misuse of power.

The way khadse is defending his action, in this case, there is no doubt he is going to land in trouble in next few days.The  only question is, which way he his heading former chief minister of Maharastra Manohar Joshi or former deputy chief minister Chagan Bhujbal ?

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Builders and bankers cheating government and buyers in Pradhan Mantri Awas Yojana

Affordable housing is the buzzword since last many years in India. Government floated many schemes under this name . IT also  provided lot of concessions , subsidies and incentives to flat buyers as well as builders. However none of those schemes could provide benefits of  schemes to real needy persons. Because there was no control or authorities to check whether beneficiaries of such schemes were genuine or fake. Pradhan Mantri Awas Yojana ( PMAY) may achieve same fate if proper care is not taken in its early stages. In PMAY also government has given subsidies to flat buyers and  builders.

Photo courtesy apherald.com

To make available homes to really genuine beneficiaries, the government has put some conditions under PMAY guidelines. There are four schemes under PMAY.  However sine last few months builders are advertising about  only credit linked subsidy  scheme (CLSS ) . Most important factor of  CLSS  is that it is applicable to 4041 statutory towns only . And to avail benefits of CLSS beneficiary must be resident  of that urban area  (Town) only. States/UTs at their discretion, may decide a cutoff date on which beneficiaries need to be resident of that urban area.

The government has put a condition of residence to make available homes to really needy persons near their workplace only. However by providing these home to non-eligible persons builders and primary lending institutes (PLI)  are blatantly flouting these conditions. This is the reason that earlier affordable housing schemes failed and couldn't provide the home to whom they were meant for.   

To avoid duplication or misuse of the scheme PLIs have to take NOCs quarterly from State/UT Governments or designated agency of State/UT Governments for the list of beneficiaries being given benefits under credit linked subsidy. State Level Nodal Agency (SLNA) identified by State/Union Territory (UT) for implementing the mission has to facilitate the identified eligible beneficiaries in getting approvals and documents etc., to avail credit linked subsidy. Housing and Urban Development Corporation (HUDCO) and National Housing Bank (NHB) have been identified as Central Nodal Agencies (CNAs) to channelize this subsidy to the lending institutions and for monitoring the progress of this scheme . However none of the CNA or SLNA are doing their job and hence builders hand in gloves with PLI's cheating innocent people.

 In Maharashtra's case Maharashtra housing and development corporation ( MHADA) is SLNA. However, MHADA hasn't prepared any list of beneficiaries . Hence, PLI's and builders are also flouting the conditions blatantly . Not only that , they  shamelessly advertise fake beneficiaries as genuine and bring other in their net

The PLI and builders are also flouting the norm that the beneficiary family should not own a pucca house (an all whether dwelling unit) either in his/her name or in the name of any member of his/her family in any part of India . This condition is there to ensure that the real homeless people should get home. However, the builders are encouraging investors  and second home buyers to take advantage of CLSS.

Actually, Beneficiary of CLSS has to apply for a housing loan directly or through the Urban Local Body (ULB)  or the local agencies identified by the State/ULBs for facilitating the applications from intended beneficiaries. And PLI 's are  supposed to  link beneficiary identification to Aadhaar, Voter Card, any other unique identification or a certificate of house ownership from Revenue Authority of Beneficiary’s native district to avoid duplication. Builders and PLI's are flouting these conditions also.

In the nutshell, builders and PLI's have started encouraging non-eligible persons to invest and buy the flats under CLSS depriving really homeless persons from having his/her dream home. If proper care is not taken in time the PMAY will met also same fate as earlier schemes. homeless people will remain homeless and builders and PLI's will steal all the benefits meant for homeless.

 Related Posts

CREDAI should clarify on 1 BHK flat for rupees 5 lakh

Officials booked , What went wrong with Maple Groups 1 BHK flats for Rsfive lakh, as a part of PMAY ?

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No law in force to regulate and control real estate business in Maharashtra

Since central government has notified some provisions of Real Estate (Regulation and Development) Act, 2016 (REA) and repealed Maharashtra Real Estate (regulation and development) Act 2012  (MREA). Some people unnecessary creating confusion that though MREA as been repealed Maharashtra Ownership of Flats act (MOFA ) is still in force. But that is not true. And as MOFA stands repealed by Government of Maharashtra , centre has repealed MREA 2012 and as all the provisions REA 2016 have not been notified , time being there is no law to regulate and control real estate business is in force.

Photo courtsey hindustantimes.com

Even if for arguments sake we accept that Maharashtra government had not repealed MOFA. As per article 254 of the constitution of India, the parliament has all the powers to enact any time any law with respect to the same matter including a law adding to, amending, varying or repealing the law so made by the Legislature of the State.Hence centre repealed MREA 2012. In case MOFA had been in force centre would have repealed it also.

Photo courtsey www.realtorindian.com

Centre didnt repeal MOFA because it was repealed with introduction MREA 2012 it self . In fact MREA 2012 was basically brought in to force because MOFA had failed  to give any relief to flat purchasers against sundry abuses, malpractices and difficulties related to the construction, sale, management and transfer of flats.

Central Government notification

Another argument to believe that MOFA was repealed was the Section 1 (3) of MREA 2012 and REA 2016 are the same. It says that the act shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint Provided that different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision. Maharashtra government had notified this section while central government has not notified it. That means with this notification itself all the provisions of MREA 2012 including repeal of MOFA had come into force. 

State Government notification

Now it seems that since at present there is no act to regulate and control real estate business in force,the  Government of Maharashtra is planing to designate somebody as RERA. However as The sections of REA2016 that the Centre has notified are related to establishment , incorporation , Composition of  The Real Estate Regulatory  Authority (RERA) , Term of office ,  Salary and allowances payable to Chairperson and Members only .And as it has not notified section related  Obligations, Functions and duties of promoters , Rights and duties of flat purchasers, Penalties for contravention of any section. Even if Government of Maharashtra  designate somebody as RERA it will not be of any use in absence of any regulatory or penalty powers .

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Hurdles in appointment of Real Estate Regulatory Authority in Maharashtra Removed

Any time after 1^st May 2016 the government of Maharashtra may establish Real Restate Regulatory Authority ( RERA )or delegate its power to somebody. On account of present controversy over Maple Groups misleading advertisements under Pradhanmantri awas Yojana ( PMAY) , FIR’s and further drama, it was alleged that presence of RERA would have made significant difference and timely intervention of RERA would have saved several peoples’ hard earned money. However, now with notification dated 27^th April 2016 hurdles in appointment of RERA or delegating it’s powers to somebody have been removed .

Photo courtsey www.thehindubusinessline.com

The Ministry of Housing and Urban Poverty Alleviation (MHUPA) of government of India has brought in to force some provisions of Real Estate ( Regulatortion nad Development )  Act 2016, 

( REA )   as well it has repealed The Maharashtra Housing (Regulation and Development) Act, 2012. The MHUPA has announced this with a notification dated 27 April 2016.With this notification MHUPA has brought some sections of the Real Estate Regulatory Act 2016   into force.

Section 81 read with Section 82 ( C ) Real Estate Regulatory Act empowers appropriate Government to delegate powers of RERA  to any authority  if circumstances exist which render it necessary in the public interest so to do. The MHUPA has brought in to force section 81 to 92 including following provisions of REA  from 1 may 2016.

Section 2 – Definitions, This section deals with the all the terms used in real estate sector

Section 20 to 39 – These sections deal with the Establishment and incorporation of Real Estate Regulatory Authority, Composition of Authority. Qualifications of Chairperson and Members of Authority. Term of office of Chairperson and Members. Salary and allowances payable to Chairperson and Members. Administrative powers of Chairperson. Removal of Chairperson and Members from office in certain circumstances. Restrictions on Chairperson or Members on employment after cessation of office

Section 41 to 58 – These sections deal with the Establishment of Central Advisory Council. Functions of Central Advisory Council. Establishment of Real Estate Appellate Tribunal.

Section 71 to 78 – These sections deal with Power to adjudicate. Factors to be taken into account by the adjudicating officer.

Related Stories

CREDAI should clarify on 1 BHK flat for rupees 5 lakh

Officials booked , What went wrong with Maple Groups 1 BHK flats for Rsfive lakh, as a part of PMAY ?

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RTI Resource Person, RTI Columnist

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CREDAI should clarify on 1 BHK flat for rupees 5 lakh

Maple Shelters who recently offered  1 BHK flat only for rupees 5 lakh under Pradhan Mantra Awas Yojana (PMAY). But recently Maple has sold 30 square meter flats at whopping cost of around 19 lakhs . There was a lot of chaos after advertisment regarding this appeared in media. Fact is, it is almost impossible to provide 1 BHK flat in 5 Lakh rupees in or around pune . However Credai pune metro has made rival argument supporting Maple shelters.Hence the responsibility to clarify on , how come these flats worth around 19 lakhs rupees will be made available in just 5 lakh rupees is on credai only

No doubt Credai has full right to support its members. But the way it presented its stand on claims made by Maple shelters that may not be acceptable to all. Because aims of credai are to perpetuate self-imposed and mandatory for all the member an ethical code of conduct. But it seems that credai has devited from it.

Photo courtsey affordablehousinginstitute.org

Credai has claimed that , it is possible for a developer to deliver homes at  a cost of Rs. 7.2 lakhs as advertised by the Maple shelters. Credai also confirmed that at the cost of Rs. 2200 psf, in the fringe areas where land costs are low, homes are possible to be constructed and delivered. With the subsidy of Rs. 2.2 lakhs under the PMAY CLSS scheme, it is very possible to deliver homes to the affordable segment at a cost of Rs. 5 lakhs as envisaged by the Government.

Photo  courtsey .democraticunderground.com

Now let us have a look at two sale deeds registered in March 2016. Both sale deed are of same maple shelters who is claiming to provide 1 BHK flat in just 5  lakhs. One is of what they call moshi annex of Kharabwadi and other is of Nanekarwadi.

At kharabwadi they have  sold a flat of area 29.17 square metres ( exactly the carpet area equivalent to scheme under PMAY) at rupees 18,38,942 /- ( Rupees eighteen lakh thirty eight thousand nine hudred and fourty two ) that comes to around 6,129 rupees per square foot. Even as per ready reckoner rate comes to around 4,350/-

Other is at Nanekarwadi , they have sold 32.24 sq.mt flat at cost of 19,58,165 ( nineteen lakh fifty eight thousand one hundred and sixty five ) , that comes  to around Rs  6116/-( six thousand one hundred and nineteen rupees) even as per ready reckoner this rate comes to Rs 4687/- ( four thousand six hundred and eight seven rupees)

Now its up to Credai to clarify that how come these around 30 sq.mt flats can be sold at the cost of 5 lakh rupees. Even after subsidy under PMAY schemes the rates of these flats come to around 16, 18,942 and 17,38,165 respectively. Even as per ready reckoner rates come to 14 lakh and 15 lakh respectively.

Related stories

Officials booked , What went wrong with Maple Groups 1BHK flats for Rs five lakh, as a part of PMAY ?

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Officials booked , What went wrong with Maple Groups 1 BHK flats for Rs five lakh, as a part of PMAY ?

Finally case has been filed against maple group for the firm’s “fraudulent” advertising of one-bedroom flats for Rs five lakh each as part of Pradhan Mantri Awas Yojna (PMAY).The group was collecting non refundable Rs. 1145/- as a processing fee from the perspective buyer and expecting to collect around one lakh such forms. Police sub-inspector Narayan Palampalle, attached to the Shivajinagar police station, lodged the first information report (FIR). Police have booked Sachin Ashok Agarwal, Naveen Ashok Agarwal and sales manager Priyanka Agarwal and other officials of the Maple Group under section 420, 417, 120 (b), 34 of the Indian Penal Code (IPC)

photo courtsey http://www.trafficchallan.co.in/

Actually the PMAY  is to  be implemented through four verticals giving option to beneficiaries, Urban Local Body’s (ULB) and State Governments. These four verticals are "In situ" Slum Redevelopment, Affordable Housing through Credit Linked Subsidy, Affordable Housing in Partnership and Subsidy for beneficiary-led individual house construction. However it was not mentioned in the advertisement for which group they were inviting applications. It appears from further developments that they were talking of Affordable Housing through Credit Linked Subsidy (CLS)

Photo courtsey indianrealestatefordummies.in

Now forget about the one-bedroom flats for Rs five lakh scheme that is nothing but jugglery of words. We will talk on it in next post. But what went wrong with Maple group’s scheme is collecting crores of rupees without any authority from perspective flat buyers. As per PMAY guidelines In lieu of the processing fee for housing loan for the borrower under the scheme, Primary lending Institutes (PLI) will be given a lump sum amount of Rs. 1000 per sanctioned application. PLIs will not take any processing charge from the beneficiary. That means collecting processing charges from flat buyers was not allowed.

As well beneficiary was supposed to apply for a housing loan directly or through the ULB or the local agencies identified by the State/ULBs for facilitating the applications from intended beneficiaries. Moreover In order to incentivize the designated staff of ULBs or NGOs a sum of Rs.250 per sanctioned application would be paid out of CLS Scheme funds payable through State Governments.

In short collecting any amount from flat buyers to which government was funding was absolutely wrong , illegal and misuse of government’s scheme. 

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Without authority and despite huge pendency Maharashtra SIC to go on long vacations.

Without any authority and despite pendency of 33,000 second appeals State Information commission of Maharashtra (MSIC) has decided to go on three long vacations in 2016. The appointment of information commissioners has been severely criticized by the Right To Information (RTI) circles since beginning. It is not secret that they lobby hard and pull every string to get themselves appointed as transparency watchdogs. These Posts have been called the "parking lot for post-retirement babus" to enjoy the perks that it offers. That is the very reason that appointments of retired bureaucrats have adversely hit the implementation of the RTI Act.

The MSIC will go on special vacation on 9^th may to 5^th June, 28^th October to 6^th November and 25^th December 2016 to 1^st January 2017. With this decision MSIC has brought their vacations at par High court. Chief information commissioner of Maharashtra Ratnakar Gaikwad has issued this order under section 15 (4) of the RTI act. However, the Chief Information Commissioner does not even have the authority to approve the casual leave of himself and other Information Commissioners without The consent of the Governor. It needs to be pointed out here that Governor of Maharashtra had delegated that authority to him issuing a special order dated 25/06/2009.

No doubt that as per section  section 15 (4) The general superintendence, direction and management of the affairs of the State Information Commission vests in the State Chief Information Commissioner however that does not empower him to use governors authority. As per terms and conditions of services of information commissioners they are eligible for the leave as per all India services officers and such leave is to be sanctioned by the governor. Chief information commissioner does not have authority to sanction such leave or vacation. That’s why to sanction casual leave governor has given that authority to chief information commissioner by special consent.

It is not secret that bureaucracy is taking over the every system that has been created to fight it. But they are not doing not for the benefit of the society. They want to enjoy lavish life at the cost of public money. And to avail such perks they are loathed to give decisions against officials with whom they had served for.

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Smart cities to be secret cities, beginning of the end of transparency era

Finally, skeletons of real intentions behind smart cities mission have been started tumbling out of the cupboard. Initially making governance citizen-friendly was the key objective of smart cities projects, and public participation was said to be core tool to achieve it. Now instead of transparency, the secrecy has become the buzzword for smart cities mission. The Government of India has issued a model Article of Association (AoA)  for the company to be formed under special purpose vehicle ( SPV) for smart cities, that keeps entire functioning of smart city projects behind closed doors.  

courtsey https://anticap.files.wordpress.com

There are several clauses that are controversial in this AoA, but secrecy clause has become the matter of concern for transparency activists in India. The smart city mission had already killed basic principles of the 74th amendment to the constitution of India that was brought to strengthen urban local bodies. Now with this secrecy clause, it has taken the soul out of Right to information act.

The preamble of RTI act says “Democracy requires an informed citizenry and transparency of information which are vital to its functioning and also to contain corruption and to hold Governments and their instrumentalities accountable to the governed;”. The smart city mission stands exactly opposite, it says ‘nobody has right to demand and nobody has  a right disclose any information with respect to the company formed under SPV.

 Reproduced here is secrecy clause in AoA .

(i) Every Director, Manager, Secretary, Auditor, Treasurer, Trustee, member of a committee, officer, servant, agent, accountant or any other person employed in the business of the Company shall, if so required by the Directors, before entering upon his duties, sign a declaration pledging himself to observe strict secrecy respecting all transactions and affairs of the Company with the customers and the state of the accounts with individuals and in matters relating thereto, and shall by such declaration pledge himself not to reveal any of the matters which may come to his knowledge in the discharge of his duties except when required so to do by the Directors or by law or by the person to whom such matters relate and except so far as may be necessary in order to comply with any of the provisions in these presents contained.

Cortsey informationactivism.org

(ii) No member shall be entitled to visit or inspect any works of the Company without the permission of the Directors or to require discovery of or any information respecting any details of the Company's trading, or any matter which is or may be in the nature of a trade secret, mystery of trade, secret process or any other matter which may relate to the conduct of the business of the Company and which in the opinion of the Directors, it would be inexpedient in the interest of the Company to disclose. We, the several persons whose names and addresses are subscribed are desirous of being formed into a company in pursuance of these Articles, and we respectively agree to take the number of shares in the Capital of the Company set opposite our respective names.

In short smart city mission gives all the rights to collect taxes, user charges, sell, lease public properties, take loans, earn profit for the share holders ,to the company formed under SPV and confiscates all the rights conferred upon common citizens by constitution of India

Since the Right to Information act 2005 (RTI) was introduced 10 years back, bureaucracy and politicians made several attempts to kill or dilute its provisions. Several attempts were made to sabotage it. However despite various attacks RTI has made a very small but positive impact on governance. Irrespective of the quantity of impact it has shaken wrongdoers inside out. It seems hence they have introduced “mission smart cities.

courtsey www.cartoonstock.com

As far as Smart City Pune project is concerned there is complete Lack of Transparency in the entire process. The Agreement signed between PMC & Mckinsey has been uploaded belatedly on the PMC website. PMC has resorted to a limited transparency policy by not fully uploading documents pertaining to the award of the contract to Mckinsey. Appendix B – Key experts and Appendix C – Breakdown of the contract price, which is an integral part of the Agreement have not been uploaded. The letters of invitation to the consultants along with the Annexure are not uploaded on the PMC website. Details of the selection process are completely absent. These documents are critical to the award of the contract on which the RFP for the Smart City is based.

Interestingly when asked about whether the amendments given to Pune Smart city project by councilors of Pune Municipal Corporation (  PMC ) will be accepted or not,  Union Urban Development Minister Venkaiah Naidu refusing the chances they would have to strictly adhere to the guidelines laid down under the Smart City Mission and that if they refuse to toe the line, they will have to opt out of the project. On the contrary, event though there are   serious violations of the Model Request for Proposal (RFP) and the irregular concessions granted to Mckinsey against the public interest, the central government is silent on it.

The would be Chief executive officer of proposed SPV   and presently municipal commissioner PMC has already encroached upon a general body and standing committee’s rights.Though he has not revealed any of PMC’s correspondence with whom it has signed so-called nonfinancial nonbinding Memorandum of understanding (MoU) , he has gone further to assure reimbursement of the amount to an institute without knowledge of a general body and standing committee’s. It seems that he has assured reimbursement as CEO of proposed SPV.

In a letter to principal director of symbiosis Kunal Kumar writes

“I welcome our collaboration wherein MBA—IM students from SCMHRD, Symbiosis would work with us as interns for Smart Cities Mission. This is a path-breaking partnership which brings together academia with Government in mission mode in finding solutions for real life issues faced by the city.

Further, with reference to your email regarding budget proposal based on 60 days of engagement, we convey our agreement with the same. We would, however like you to undertake the expenditure up front and thereafter let us reimburse the amount to you.

We  believe  this  engagement  will  go  a  long  way  in  enabling  the transformation  of  Pune  city under Smart Cities Mission.”

Interestingly SCMHRD’s name doesn’t appear in the list of PMC’s so-called nonbinding nonfinancial MoU’s it has signed. No one knows how many such agreements he has signed on behalf of PMC.However as far as nonbinding nonfinancial MoU’s that PMC has signed are concerned. The commissioner has categorically said that they will be allowed to participate in the tendering process of SPV and there lies the threat of manipulating proposed so-called transparent tendering process.

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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 – http://surajya.org              

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Twitter -  https://twitter.com/Vijaykumbhar62

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Smart cities to be secret cities, beginning of the end of transparency era

Finally, skeletons of real intentions behind smart cities mission have been started tumbling out of the cupboard. Initially making governance citizen-friendly was the key objective of smart cities projects, and public participation was said to be core tool to achieve it. Now instead of transparency, the word secrecy has become the buzz word for smart cities mission. The Government of India has issued a model Article of Association (AoA)  for the company to be formed under special purpose vehicle ( SPV) for smart cities.

There are several clauses that are controversial in this AoA, but secrecy clause has become matter of concern for transparency activists in India. The smart city mission had already killed basic principals of 74th amendment to the constitution of India. Now with this secrecy clause it has taken soul out of Right to information act.

 Preamble of RTI act says “Democracy requires an informed citizenry and transparency of information which are vital to its functioning and also to contain corruption and to hold Governments and their instrumentalities accountable to the governed;”. The smart city mission stands exactly opposite, it says ‘nobody has right to demand and no body has  aright disclose any information with respect to company formed under SPV.

 Reproduced here is secrecy clause in AoA .

(i) Every Director, Manager, Secretary, Auditor, Treasurer, Trustee, member of a committee, officer, servant, agent, accountant or any other person employed in the business of the Company shall, if so required by the Directors, before entering upon his duties, sign a declaration pledging himself to observe strict secrecy respecting all transactions and affairs of the Company with the customers and the state of the accounts with individuals and in matters relating thereto, and shall by such declaration pledge himself not to reveal any of the matters which may come to his knowledge in the discharge of his duties except when required so to do by the Directors or by law or by the person to whom such matters relate and except so far as may be necessary in order to comply with any of the provisions in these presents contained.

(ii) No member shall be entitled to visit or inspect any works of the Company without the permission of the Directors or to require discovery of or any information respecting any details of the Company's trading, or any matter which is or may be in the nature of a trade secret, mystery of trade, secret process or any other matter which may relate to the conduct of the business of the Company and which in the opinion of the Directors, it would be inexpedient in the interest of the Company to disclose. We, the several persons whose names and addresses are subscribed are desirous of being formed into a company in pursuance of these Articles, and we respectively agree to take the number of shares in the Capital of the Company set opposite our respective names.

In short smart city mission gives all the rights to collect taxes, user charges, sell, lease public properties, take loans, earn profit for the share holders ,to the company formed under SPV and confiscates all the rights conferred upon common citizens by constitution of India

Since the Right to Information act 2005 (RTI) was introduced 10 years back, bureaucracy and politicians made several attempts to kill or dilute its provisions. Several attempts were made to sabotage it. However despite various attacks RTI has made very small positive impact on governance. Irrespective of quantity of impact it has shaken wrong doers inside out. It seems hence they have introduced “mission smart cities.

As far as Smart City Pune project is concerned there is complete Lack of Transparency in entire process. The Agreement signed between PMC & Mckinsey has been uploaded belatedly on the PMC website. PMC has resorted to a limited transparency policy by not fully uploading documents pertaining to the award of the contract to Mckinsey. Appendix B – Key experts and Appendix C – Breakdown of contract price, which are integral part of the Agreement have not been uploaded. The letters of invitation to the consultants along with the Annexure are not uploaded on the PMC website. Details of the selection process are completely absent. These documents are critical to the award of the contract on which the RFP for the Smart City is based.

Interestingly when asked about whether the amendments given to Pune Smart city project by councilors of Pune Municipal Corporation (  PMC ) will be accepted or not,  Union Urban Development Minister Venkaiah Naidu refusing the chances they would have to strictly adhere to the guidelines laid down under the Smart City Mission and that if they refuse to toe the line, they will have to opt out of the project. On the contrary event though there are   serious violations of the Model Request for Proposal (RFP) and the irregular concessions granted to Mckinsey against public interest, central government is silent on it.

The would be Chief executive officer of proposed SPV   and presently municipal commissioner PMC has already encroached upon general body and standing committee’s rights .Though he has not revealed any of PMC’s correspondence with whom it has signed so called non financial non binding Memorandum of understanding (MoU) , he has gone further to assure reimbursement of the amount to an institute without knowledge of  general body and standing committee’s  . It seems that he has assured reimbursement as CEO of proposed SPV.

In a letter written to principal director of symbiosis Kunal Kumar writes

“I welcome our collaboration where in MBA—IM students from SCMHRD, Symbiosis would work with us as interns for Smart Cities Mission. This is a path breaking partnership which brinks together academia with Government in mission mode in finding solutions for real life issues faced by the city.

Further, with reference to your email regarding budget proposal based on 60 days of engagement, we convey our agreement with the same. We would however like you to undertake the expenditure up front and thereafter let us reimburse the amount to you.

We  believe  this  engagement  will  go  a  long  way  in  enabling  transformation  of  Pune  city under Smart Cities Mission.”

Interestingly SCMHRD’s name doesn’t appear in the list of PMC’s so called non binding non financial MoU’s it has signed. No one knows how many such agreements he has signed on behalf of PMC .However as far as non binding non financial MoU’s that PMC has signed are concerned. The commissioner has categorically said that they will be allowed to participate in the tendering process of SPV and there lies the threat of manipulating proposed so called transparent tendering process.

Threatens suicide, widow asks to stop investigation in RTI activist Vilas Baravkar’s death case

Photo courtesy dnaindia.com

Deceased Right to Information ( RTI) activist Vilas Baravkar’s widow has requested authorities to stop investigation of his suicide. Baravkar had committed suicide on 25th march 2014 and left behind a suicide note naming 52 individuals including top civic and police officials on 100 rupee court fee stamp. Now his widow ujwala has alleged that officials are repeatedly calling her and other people for inquiry to know exact cause of her husband’s suicide.

Ujwala has written to state minister for home, Superintendent of police, CID , deputy  superintendent of police, Police Inspector ,chakan . Senior correspondents’ of of TV9, IBN Lokmat , Zee 24 taas and , me ( Vijay Kumbhar).In her letter she says,’ we are not aware of exact cause of my husband’s suicide, my husband was working in field of RTI, human rights, anti corruption , consumer movement, Varkari Sampraday (a pilgrim ). He had unearthed many scams through RTI, and had also compelled to arrest fraud “ BABAs” through Andhashraddha Nirmoolan Samiti. He had also helped resolve family disputed of many.

She further says that, today also people come to us asking for help. I and my son do our best to help them honestly. Now a days me and my family is going through various problems. Meanwhile investigating agencies (she has used word “Nyay Vyavastha” means judiciary) are calling us and others frequently asking us exact cause of  my husbands suicide. This is causing us a mental, social, economical and physical harassment and also creating a lobby against us in society.

With above allegation she has requested authorities to stop accepting RTI and other applications in her husband’s suicide case. Otherwise she fears that society and investigating agencies (She has used word Judiciary ) will  compel them to end their  life  as mentioned by her husband in suicide note.

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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 – http://surajya.org              

Facebook -  https://www.facebook.com/kvijay14

Twitter -  https://twitter.com/Vijaykumbhar62

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Ruthess Attack on activists of Accountability Yatra Lead by Aruna Roy in Rajasthan

Peaceful Jawabdehi (Accountability)  Yatra launched by Magsaysay Award winner and pioneer of RTI Act Aruna Roy, along with Nikhil Dey and Shankar Singh covering all the districts of Rajasthan to document people’s efforts and suggestions addressed to government schools and the larger education system, to make the government accountable for its decisions and advocating a sense of transparency in the system was attacked by mob lead by BJP MLA Kanwar lal Meena. It also vandalized vehicles and cameras were destroyed.

Mob attacked ruthlessly at Jhalawar, the constituency of the Chief Minister Vasundhara Raje.  A strong mob of 40 to 50 stormed into the meeting and attacked the people who were conducting the yatra peacefully. The BJP MLA began the assault by attacking Shankar Singh the well know activist of Mazdur Kisan Shakti Sanghatan. Encouraged by the leader’s brazen act, his followers began raining lathis on the peaceful and unarmed persons and volunteers and then went on to slap two women activists, break the glass panes of two vehicles and forcibly seize the camera from an independent filmmaker who was quietly documenting the public meeting and beat him up mercilessly when he tried to prevent an expensive Sony HD camera from being vandalized.

From left: Amitha, Atul, Radhika Ganesh, Anurag Singh, Mujeeb -
Photo courtsey http://www.thenewsminute.com

Shankar Singh, Anurag and Kamal tank and many other activists were injured. So far, police has not taken any action against the culprits.  Mob charged them with lathis on knee, and legs leading to internal injury.

Accountability yatra that begun on 1st of December 2015, from Jaipur, will cover all 33 districts of the state spending 3 days in each districts. Yatra is being participated by over 100 organizations of Rajasthan, under the banner “Soochana Evam Rojgar Adhikar Abhiyaan”. Around 80 people are travelling from day one, while hundreds join in each district for the local programmes.

Yatra is registering grievances on Ration, Pension, MGNREGA, Social Security schemes, school, hospitals etc. In each of the districts yatra spends two days in the fields with street plays performed, rally, demonstration, and public outreach programme at cross roads, small and big towns. In each of the district, there is “jan-sunwai” and “shikayat Mela” is organized, at the end of which, all the complaints that are registered therefore is handed over to the administration.  Complaints are registered online and tracked for their disposal.

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To receive free emails or free RSS feeds, please, subscribe to Vijay Kumbhar's Exclusive News & Analysis

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 – http://surajya.org              

Facebook -  https://www.facebook.com/kvijay14

Twitter -  https://twitter.com/Vijaykumbhar62

YouTube - https://www.youtube.com/user/kvijay14