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

Tuesday, September 15, 2015

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

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

Photo Courtsey Ravi karandeekar

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

Dues of cash advance till july 22015

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

dues of Cash advance till july 2015

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

dues of Cash advance till july 2015

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

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

Let us first see the reasons behind such repetitive agitations.

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

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

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

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

Academic councils decision on 11 April2014

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

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

Minutes of meeting director an all HoD's

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

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

Parties recorded in campus

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

Parties recorded in campus

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

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

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

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

Realted Stories

FTII row, non issue being stretched too far

Subscribe for Free

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

Sunday, September 13, 2015

FTII row, non issue being stretched too far

Students of Film and TelevisionInstitute of India ( FTII) are on strike since last 93 days. Their demands are legitimate or not may be the matter of debate. However one thing is clear, everybody associated with FTII i.e ministry, administration and students can not claim innocence in this matter and everybody is stretching the issue too far.

Photo courtsey Ravi Karandeekar

Right now this issue is focused on the appointment of Gajendra Chauhan as the President of FTII and Chairman of the Governing Council (GC). Students have also objected to the Rahul Solapurkar, Anagha Ghaisas and Narendra Pathak as members of the Council. However, it seems that agitation is now focused only on Gajendra Chavan.

Photo Courtsey Ravi Karandeekar

There is no doubt that nominations or appointments on several authorities or Institutes like FTII are always politically motivated. It is also agreed that process of such appointments must be transparent. There may be some substance in argument on credentials of Gajendra Chavan. But it is also fact that President of FTII or chairman of its Governing Council doesn’t have any special powers. Decisions are taken in governing council meetings on “majority carries the point” basis. Then how come appointment of members who doesn’t have any special power or authority became such a “big issue”?.

Photo courtsey Ravi Karandeekar

FTII is an autonomous body under the Ministry of Information and Broadcasting and is registered under the Societies’ Registration Act of 1860. There are a total 26 members in the Society and a President. Themembers are appointed by the Central Government under various categories. The 26 members elect 13 members for the GC. The general superintendence, direction, control and administration of the affairs of the Institute, its property and income vests with the GC. The President of FTII is by default the Chairman of the GC. The GC has powers to appoint other committees and the Academic Council and the Standing Committee on Finance are formed by the GC.

The GC, as the apex body of the FTII, is responsible for making all major policy decisions of the Institute in consonance with its aims and objectives. In any event, the 4 members of the GC against whom allegations have been made cannot take or manipulate any decision. Then why are the Government and more particularly the students making a prestige issue on this point? Removal of Gajendra Chauhan may solve this problem immediately.

Photo Courtsey Firstpost.com

Then why is the Government not doing that? And why have the students stalled the functioning of FTII? This is specially significant because politically affiliated members are in a minority in the GC and it is crystal clear that these so called politically affiliated members on the GC cannot make any difference in the functioning of FTII. Then what is bothering the students?

Since last 18 months i.e from 4 March 2014, GC is not in place in FTII. And it has made no difference to the functioning of the Society. The tenure of the GC being 3 years, the newly constituted committee will get only 18 months tenure because the members will be appointed retrospectively i.e from 4 March 2014. And hardly 4 or 5 meeting would take place in 18 months.

Photo Courtsey Mid day

Past history of institution shows that hardly any luminary has participated in such meetings. So big names do not make any difference to the functioning of the Society. Further, there is always the chance of this issue landing up in a court of law due to the political overtones in this agitation. No one can then predict the outcome; however by that time this Committee’s tenure will certainly be over.

Support to student’s agitation grew multifold after the Congress Vice President Rahul Gandhi entered the fray. And as media is covering it 24x7, it has now become fashionable to support blindly put one's name behind it! Surprisingly, Rahul Gandhi did not do anything for FTII when he was the ruling dispensation and had full authority and over a decade to take steps for the betterment of the FTII? The tenure of the earlier committee ended on 3 March 2014 and the Code of Conduct came in to force on 5 March. Why did not UPAII appoint the FTII Committee? Why Rahul Gandhi and his government let the opportunity to appoint the new GC slip to the NDA II?

Recently actors Vidya Balan, Pallavi Joshi and Anjum Rajabali have also supported the student’s agitation urging the President to declare FTII as a Centre of Excellence and de-link it from the Ministry of Information and Broadcasting by making it an autonomous institution. Pllavi Joshi while supporting agitation said, "Creativity and great work is an impossible target to reach in a cloud of negativity”. She should have added that politics and art rarely go together! Vidya Balan and Pallavi Joshi are both appointed on FTII GC.Pallavi has tendered her resignation.

Instead of supporting the agitation, Vidya and Pallavi should join FTII and transform the Institution. If one one 'wrong' person make so much difference then two right persons should make much more positive difference to the Society. However, no one is coming forward for the betterment of FTII but appear to be interested in supporting agitations and allegations.

Vidya balan has also talked of de-linking FTII from the Information and Broadcasting Ministry and making it autonomous. FTII is already autonomous, now what de-linking will achieve only Vidya Balan may reveal. One can attach several connotations to the word "de-linking" and many of them could be serious.

FTII Students’ Association has already alleged that the Union Information and Broadcasting Minister, Arun Jaitley has hinted that if students do not “cooperate” with the Ministry to resolve the stand-off over the appointment of Gajendra Chauhan, it could lead to FTII’s privatization. Earlier, such agitations in FTII have ended in the termination of the course or temporary closure of the film wing. In such circumstances,students should help run the Institutee and not nip the intention of closing the Institute or its privatization in the bud.

Subscribe for Free

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

RTI KATTA

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

Wednesday, September 9, 2015

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

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

Photo courtsey www.tolerance.org

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

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

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

Photo courtsey politicalhumor.about.com

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

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

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

Photo courtsey www.climateactionreserve.org

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

Monday, September 7, 2015

Maharashtra circular on sedition makes politicians and public servants “self proclaimed Government”

The bureaucracy in Maharashtra has once again put government in embarrassing position. It had left no stone unturned to be more powerfully than lawfully elected government. And unfortunately elected representatives have also succumbed to their wits. The blame game on governments circular on sedition has started .Oppositions have questioned intentions of government behind this circular, while Chief Minister of Maharashtra Devendra Fadnavis has placed the responsibility for the circular on the former Congress-NCP government.

Photo Courtsey pratimview.blogspot.in

CM has clarified that the circular is a direct translation of an HC decision. And that was based on the previous government's affidavit in the High Court. He has also termed media’s interpretation as “laughable” . However scenario is very different, the circular is not direct translation but twisted translation of original act and what had been put in The High Court on affidavit.

Out of 5 points only first 2 points of this circular are under criticism. In 1^st point words “लोकसेवक व सरकारचे प्रतिनिधी” means “ public servants and representatives of Government” have been mischievously inserted and that has caused the entire controversy .

In original act the words used in section 124A are “Whoever, by words, either spoken

or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards the Government established by law in India, shall be punished with imprisonment for life”

In the affidavit place in order state government has submitted that it would send guideline to police personal to take precaution while imposing section 124A . And 1^st point of this affidavit reads “The words, signs or representations must bring the Government (Central or State) into hatred or contempt or must cause or attempt to cause disaffection, enmity or disloyalty to the Government and the words/signs/ representation must also be an incitement to violence or must be intended or tend to create public disorder or a reasonable apprehension of public disorder;”

Photo Courtsey limenlemony.files.wordpress.com

If we read care carefully in original act or in an affidavit placed in High Court words “लोकसेवक व सरकारचे प्रतिनिधी” means “public servants and representatives of Government” were not there. However in circular while translating, these words seem to have been inserted. Point 1 of this circular reads “तोंडी किंवा लेखी शब्दांद्वारे अथवा खुणांद्वारे, अगर दृश्य अथवा अन्य मार्गामार्फत केंद्र अथवा राज्य सरकार, लोकसेवक व सरकारचे प्रतिनिधी यांच्याबद्दल द्वेष, तुच्छता, अप्रीती, अवमान, असंतोष, शत्रुत्व, द्रोहभावना अथवा बेइमानी याची भावना दर्शवित असली पाहिजे. अशा प्रकारचे शब्द,खुणा किंवा प्रदर्शन अभिव्यक्ती हिंसाचारास प्रवृत्त करणारी किंवा जनतेत असंतोष निर्माण करणारी असली पाहिजे”.

Who and why the inserted words “public servants and representatives of Government” is matter of investigation. However this can be termed as an attempt to amend law by issuing circular.

The next point of this circular is connected with point no 1. In Marathi it says’ सदर लेखी किंवा तोंडी शब्द, खुणा अथवा कोणत्याही प्रकारची अभिव्यक्ती यामधून राजकारणी अथवा लोकसेवक हे शासनाचे प्रतिनिधी असल्याचे ध्वनित होईल, त्यावेळीच सदर कलम लावण्यात यावे. That means “said (above mentioned) words/signs/representations show politicians or public servants as representative of the Government then only above section should be applied”. Actually in 1^st point word “politician” is not there but suddenly it appears in 2^nd point of Marathi translation.

Photo Courtsey whatoneearth.in

In affidavit filed in high court point no 2 is “Words, signs or representations against politicians or public servants by themselves do not fall in this category unless the words/signs/ representations show them as representative of the Government”. This point actually exempts from any immunity for politician and public servants from section 124 A. however Marathi translation not only provides such immunity it puts ‘freedom of speech and expression” in danger.

Point no 5 of this circular and affidavit placed in High Court is the only hope to assume that this will not be misused it says’ Before applying section 124A district law officer should be consulted and then within tow weeks Advocate generals opinion should sought.”. Fortunately in circular also same words have been kept untouched. Hence it is very difficult for police personal to apply section 124A to any one without Advocate Generals opinion.

However major question who did this mischief and why? It is not the first instance that bureaucracy has done such mischief. The most recent examples are.

1) It attempted to amend CrPC 156, With this amendment courts would not be able direct Police to file FIR without the sanction of the competent authority. This was clear attempt to shield both government servants as well as elected members. This would have made it harder to make accountable government servants and public representatives

2) In Maharashtra Right to public Services Act (MRTPS) they have eliminated all other fields except Governance from the Right to Public services Commissioners that are to be appointed under MRTPS. Section 13 (5) . It says the chief commissioner or commissioners shall be the persons of eminence in public life with wide knowledge and experience in administration in government or public authority. That means there will be only babus as CICs and ICs of commission

Photo Courtsey www.manjul.com

3) Under MRTPS imposition amount of a penalty has left to be specified by the State Government from time to time by notification in the Official Gazette. This is the trick to kill the act before its inception. If penalty provision is not fixed in the act itself, babus will time and again try to minimize or remove it completely by mere notifications.

4) To make public servants accountable government of Maharashtra introduced Delay in Discharge of Official Duties Act, 2005’, PoDiDoODA however bureaucracy never allowed to implement it properly. 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. And even after rules were framed the act was not implemented.

5) Many circulars were issued from Mantralay of Maharashtra since 1996 to express commitment to eradicate corruption and illegalities. Right to Information (RTI) Act was introduced soon afterwards. There was a provision for stringent action against illegalities exposed through the use of RTI. So far, 13 circulars have been issued for action against those involved in corruption and illegalities. But till today no action has been taken against any public servant according to these circulars.

In short bureaucracy has always tried to keep upper hand on democracy and unfortunate thing is elected representatives succumbed to their (Bureaucrats) wits for reason best known to them only.

Saturday, September 5, 2015

Why is there so much Hue and cry over , Maharashtra Government’s guidelines on sedition charges ?

“Maharashtra curbs criticism ofpoliticians”, “Anti-democracy guidelines on Section 124 IPC by Maharashtra government”, “You risk sedition charges for criticising politicians”, “Criticisinggovernment can be sedition in Maharashtra now’ , “fresh guidelines on sedition; draws Opposition flak”, “Criticise government, face sedition charges in Maharashtra”, Thus were the headlines on Maharashtra government’s fresh guidelines on IPC 124 .

Photo Courtsey https://whennoodlesdream.files.wordpress.com

Reaction on this guidelines were very serious and with full of anger. I was also not exception for that. My first reaction on Facebook was also same. However careful reading of government resolution issued in this regard and High Court order shows that there is nothing much in that GR. Actually with this GR government has asked police to take adequate precaution before applying sedition charges on anyone.

These guidelines on IPC 124-Ahave been issued with regard to the assurance given to the Bombay High Court in the cartoonist Aseem Trivedi for his cartoons during the India Against Corruption movement headed by Anna Hazare. Aseem Trivedi was arrested by Mumbai Police in 2012 for drawing cartoons that allegedly insulted the national emblem and Parliament. The assurance was given in the HC when sedition charges were dropped against him.

Reproduced here are points in GR

(i) The words, signs or representations must bring the Central or State Government into hatred or contempt or must cause or attempt to cause disaffection, enmity or disloyalty to the Government and the words/signs/ representation must also be an incitement to violence or must be intended or tend to create public disorder or a reasonable apprehension of public disorder;

(ii) Words, signs or representations against politicians or public servants by themselves do not fall in this category unless the words/signs/representations show them as representative of the Government

Photo Courtsey truthdive.com

(iii) Comments expressing disapproval or criticism of the Government with a view to obtaining a change of government by lawful means without any of the above are not seditious under Section 124A;

(iv) Obscenity or vulgarity by itself should not be taken into account as a factor or consideration for deciding whether a case falls within the purview of Section 124A of

IPC,

(v) A legal opinion in writing which gives reasons addressing the aforesaid must be obtained from Law Officer of the District followed within two weeks by a legal opinion in writing from Public Prosecutor of the State.

Then why there is so much hue and cry about this GR?. Reason is simple. People strongly believe that literary genius in Mantralay i.e. bureaucrats issue circulars only to harass citizens or to protect their colleagues. 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. These circulars are always cleverly drafted. If some issue is to be evaded or to be framed, 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.

Photo courtesy http://www.binayaksen.net

There can be a debate on validity of section 124 (A) in democracy. British colonial government felt the need to include this provision to suppress the liberty of the citizen India. How this section can be valid in Government OF the People, BY the People, FOR the People. But that apart. What wrong government of Maharashtra has done in this case? It has just sent guidelines while invoking section 124 (a) of IPC. The government has also clarified that the GR is not a government order and is only an advisory, which can be accepted or not.

Actually these guidelines are sent to avoid application of IPC 124 (A) . However it is the drafting of these guidelines that has caused entire debacle. Literary geniuses in Mantralay have once again succeeded in spreading confusion and doubt in peoples mind.

Wednesday, September 2, 2015

Pune Municipal Corporation to consult "courtesan" on being smart

Finally Pune Municipal Corporations proposal for being “smart city’ is to be prepared by “McKinsey & company” that has been compared with a courtesan La Belle Otero. (Courtesan means a prostitute, especially one with wealthy or upper-class clients.) Yesterday Pune Municipal Corporation (PMC) passed a proposal to appoint McKinsey and Company as consultant to prepare the smart city plan (SCP) to be submitted to Union government.

Photo Courtsey - https://upload.wikimedia.org/

Amount to be spent on this proposal is whopping 2.5 crore rupees and it may be the highest amount than any city covered under this scheme . SmartCities is Prime minister Narendra Modi’s dream concept and Pune is one of the 100 cities selected under this scheme.PMC has to now send proposal in this regard and to prepare this proposal PMC has appointed McKinsey as consultant.

Duff McDonald, who spent four years researching “McKinsey and its Secret Influence on American Business” has compared it with La Belle Otero, a prostitute who amassed a fortune from Europe’s royalty at the turn of the 20th Century. She became one of the most sought-after courtesans in the world. Kings, princes and dukes would pay anything to sleep with her. “McKinsey’s fees are so high, they are spiritually related,” McDonald says. “What customer who pays those fees will ever admit that it wasn’t worth it? Do you get up the next day and go, ‘Wow that was a waste of a million’?”

Photo courtsey - http://www.histoire-image.org/

No doubt politicians and bureaucrats of democratic India compare themselves with kings and dukes and don’t bother to spend public money on courtesans. That may be the reason when this proposal was being discussed in standing committee of PMC one congress party leader intervened on phone and all party members passed the proposal in pre decided manner.

It is not the case that McKinsey’s record was always good, this is the company who has advised world famous telephone company AT& T that mobile phones have no future. This is the company whose former director Rajat Gupta was sentenced 2 years jail term for insider trading by U.S. District Judge in New York .

Now let see how PMC officials have played a trick to award this contract to McKinsey. The docket placed in standing committee says that it was necessary to call tenders from the panel of consultants finalized by central government. However that is not true. It is fact that the Ministry of Urban Development has technically qualified a panel of consulting firms and the States/UTs were at liberty to draw upon this panel. However the States had also the option of appointing a consulting firm outside the panel by following transparent and fair Procedures .

Photo courtsey - http://gmatclub.com/

These firms had to be selected under least cost selection (LCS) basis. In this case the Client has to select the lowest proposal among those that passed the minimum technical score. And here lies the trick. The scoring numbers had to be given by PMC officials and off course McKinsey got highest numbers. PMC proposal in standing committee doesn’t speak of any LCS base.

The cost awarded in this case is exorbitant and may be the highest in India.

Photo Courtsey - https://upload.wikimedia.org/

The state of Bihar has invited open tenders and estimated cost of preparing proposals for 3 cities has been drawn to 40 lakh rupees for each city, Punjab has estimated such 2 crore rupees for 3 cities , while Jaipur development authority has also estimated this cost to the tune of 40 lakh rupees. However PMC being controversially different and smart it will spend 2.5 crore rupees on same thing.

Interestingly the core infrastructure elements in a Smart City are, adequate water supply, Sanitation, solid waste management, efficient urban mobility and public transport, affordable housing, e-Governance and health. And PMC has already spent crores of rupees by appointing consultants on these issues. Then what different is McKinsey going to suggest for Pune?.

Related Stories

After being “little bit urban” same cities are now ready tobe SMART

Subscribe for Free

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

RTI KATTA

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

Tuesday, August 25, 2015

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

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

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

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

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

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

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

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

Photo Courtsey www.zameen.com

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

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

Mr. Y. Pondurai: Rs. 7.4125 crores.

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

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

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

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

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

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

All from Tamilnadu.

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

The other key points of the judgment are

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

Photo courtsey www.indianrealestatefordummies.in

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

Photo Courtsey www.polyp.org.uk

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

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

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

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

Photo Courtsey snagesh.wordpress.com

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

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

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

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

Related stories

Pune - hub of illegal Real estateactivities,More than 150 projects violated Environment clearance norms

What is the future of the projects that have violated environment norms ?

Lies and Secrecy have becomeUSPs of Real Estate industry

Builder cheats when propertybuyers become emotional fool

After spending lakhs of rupees residents of “Palladium Grand” beg for drop of water

Subscribe for Free

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

RTI KATTA

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