How RTI Activists & Whistleblowers can sharpen their own teeth

9 April 2012: The passing of the Right to Information Act 2005 changed the game in irreversible ways. Overnight, it transformed people’s attitude and behavior towards government in ways that even the most far-sighted netas, babus or intellectuals had never foreseen. Several earlier legislations were dramatic in content (e.g., Prevention of Corruption Act 1988 and Human Rights Act 1993) but few could excite the citizenry.

Civil society’s energetic response to the Right to Information Act was due to the efforts of a dozen or so early pioneers, who painstakingly trained people and prepared the ground. They enabled tens of thousands of activists to spring up in the cities and villages of India, exerting tremendous influence on their local self-government bodies on an almost daily basis – a continuous ongoing Satyagraha by the common man at all levels of government!

Stung by this, many state governments including Maharashtra are now trying to dilute the power of the RTI Act in various ways. But, rather than being fearful and pessimistic, we need to go forward with clarity. Rather than becoming demoralized, we must prepare to adapt our behavior to suit the governance environment.

Let us plan by first looking at the big picture.

THE BEGINNINGS – LIBERALIZATION OF MEDIA IN 1991

The Congress government opened up our access to information – not in 2005 but 15 years earlier. Before his assassination in 1991, Prime Minister Rajiv Gandhi opened the information floodgates. Soon afterwards, there was an explosion of internet and television channels like Star TV and CNN.

Earlier, all government information dissemination was tightly controlled. Doordarshan and All India Radio (AIR) gave out a strictly sarkari version of the facts. We were given doctored news about all events/ For instance, we used to hear about national disasters with underplayed death tolls many hours after the disaster occurred. News about ministries and government departments came in a thin trickle from the Press Information Bureau (PIB), or the Press Relations Officers of government organizations.

We the People depended on journalists to give us the inside stories. Long before the UPA government passed RTI Act 2005, in the early 90s, investigative journalists such as Arun Shourie and S Gurumurthy exposed AR Antulay’s donations-for-cement-quota, Rajiv Gandhi’s Bofors kickbacks and Reliance customs’ duty evasions. In the 1990s and early 2000s, Sucheta Dalal exposed financial frauds like the artificial bull runs of Harshad Mehta and Ketan Parekh in the stock markets, and the misuse of UTI’s US-64 scheme funds for private gains. Many investigative journalists were helped by whistleblowers inside the system.

IRREVERSIBLE SHIFT OF POWER AFTER RTI ACT 2005

Today, we have direct access to the inside stories. RTI activists have as much information as journalists, or maybe even more. For media-persons, RTI activists are a major source of inside documents and facts. In this age of coalition governments where opposition parties have been co-opted, RTI activists, whistleblowers and media are the only real opposition.

Many citizens from all walks of life now understand government paperwork in the context of the rules, laws, norms, procedures and manuals. They follow the paper trail and regularly expose corruption. Almost every day, there is a fresh scam in the papers and the TV channels, that has been revealed by an RTI activist.

HOW TO SHARPEN THE RTI TOOL

Besides exposing corruption, the RTI Act empowers common people by following up complaints and application letters with various authorities. To sharpen this tool, we must work simultaneously at several levels:

1) DO YOUR INTERNET RESEARCH & NETWORKING. AVOID UNNECESSARY RTI APPLICATIONS. Much of the information that we seek is already available in public domain on the internet. Google for it. Or, even if not on the internet, the papers that we seek may be with other activists. We just need to get in touch with them by using hubs like HumJanenge@yahoogroups.co.in, karmayog@yahoogroups.com and www.RTIIndia.org. Most RTI activists are usually very happy to share information and give helpful tips; there is great camaraderie and fellowship, especially in the online community.

2) SHORT & CLEAR RTI APPLICATIONS. We must focus on filing sensible RTI applications and minimize appeals. We must mentor the common man to ask for Information strictly as defined in these sections of the Act: http://tinyurl.com/RTI-definitions-of-Information

As far as possible, avoid queries or requests for individual facts and figures. Draft applications that ask only for copies of various kinds of existing documents: http://tinyurl.com/Application-specimens1

3) MENTOR THE PUBLIC INFORMATION OFFICER & FIRST APPELLATE AUTHORITIES: We need to go out of our way to educate the PIOs and FAAs, who are generally ill-informed and not inclined to study laws and rules. By citing the correct sections in our RTI application and in our appeals, we can exert moral authority on them to stop denying information. See the highlighted part of this specimen RTI application: http://tinyurl.com/RTI-Appl-instructions2PIO-FAA

Also, we can show PIOs and FAAs these sections: http://tinyurl.com/RTI-Important-Sections4PIO-FAA

4) PUT PRESSURE ON GOVT FOR TRANSPARENT SELECTIONS OF INFO COMMISSIONERS. Amazingly, most Information Commissioners (who are retired bureaucrats and political cronies) know less about the RTI Act than average RTI activists. They also lack a judicious bent-of-mind, or the commitment to do a tough 9-to-5 job, which is the job-requirement. They believe that becoming an Information Commissioner is a five-year post-retirement benefit. Anna Hazare himself noted this, and repeatedly opposed these political appointments, but to no avail. See Anna’s letter to the CM written in Marathi: http://tinyurl.com/Anna-Hazare-opposes

English translation of Anna Hazare’s letter: http://tinyurl.com/English-Anna-Hazare-opposes

A Maharashtra government committee was constituted in October 2010 headed by Anna Hazare, and with Arvind Kejriwal, Vinita Deshmukh and some bureaucrats as its members. The sole purpose of this committee was to recommend to the state government a set of transparent procedures for appointment of Information Commissioners. Although there is a whole department in Mantralaya devoted to fulfilling Anna Hazare’s demands, this committee has not met even once for reasons best known to him. In the absence of such a big push, Maharashtra is languishing. Appointment of a fresh batch of Information commissioners is about one year overdue, and there seems to be no end in sight. The queue before the Information Commission has grown to over 24,000. The average RTI appellant of Maharashtra will have to wait at least two years for a second appellate hearing. (Annaji, are you listening? Do you care?)

5) PUT PRESSURE ON INFO COMMISSIONERS TO MAKE THEM WORK FOR THEIR SALARY. We the People need to exercise vigilance on CICs and SICs to ensure that they do a decent amount of work every day and every week. Also, we need to ensure that they exercise the full extent of their powers on behalf of the common man, and not protect non-transparent bureaucrats by pleading helplessness. See their powers and functions here: http://tinyurl.com/RTIAct-CICs-SICs-Duties-Powers

6) PUT PRESSURE ON STATE GOVTS, COURTS ETC. TO FRAME PEOPLE-FRIENDLY RULES. The powers and duties of various State players vis-à-vis rule-making arise from these sections: http://tinyurl.com/RuleMaking-PowersDuties-Govt

Such rules must only facilitate the Right to Information given by the RTI Act; they must not curtail or restrict the Right, as that is against the intent of the Act. But there has been a wave of bad rule-making, intended to minimize transparency and accountability. Exceeding their rule-making powers, state governments, courts, state legislatures etc. have passed original rules or amendments to rules that go against the Act. The rules of Orissa and Arunachal Pradesh are truly crippling to information-seekers. Activists in such states are isolated in their battles, as their counterparts in other states do not empathize with them. Using a divide-and-rule policy, Karnataka, Bihar and most recently, Maharashtra have passed discriminatory amendments to rules. In other states like Jharkhand, Madhya Pradesh and Chhattisgarh, proposed amendments are hanging like a sword about to fall. And lest we feel encouraged to go to court, the high courts of many states have framed the worst possible rules for RTI! All such arbitrary rules will have to be contested in the Supreme Court. Rather than people of each state fighting their own battles, RTI activists across the country must unite and fight.

7) CULTIVATE CONTACTS WITH WHISTLEBLOWERS IN THE ADMINISTRATION and in the private and corporate sector. So, even if government tries to restrict our access, we will keep getting our information from whistleblowers. Thanks to privatization, government outsourcing, and public-private-partnership (PPP) projects, the iron curtain between civil society and government employees has collapsed. While this has created great scope for corruption, it has also made government porous. And so, RTI activists must reach out to whistleblowers in various government departments, companies etc. RTI activists and whistleblowers must collaborate to challenge corruption. Not being public servants gives RTI activists substantial protection from the backlash, and so they can more safely blow the whistle if the proper documents are given to them. Yes, there will be risks, but we are not strangers to risk-taking, are we?

All these above steps are equally important. Our access to information will expand if we do all these. Obviously, a large number of us will have to work independently to achieve this goal. There is plenty of room for us all — activists of all temperaments and skill sets.

In many cultures, it is believed that the greatest good fortune that life can give us is the opportunity to participate in a just war to defend truth. It would be a shame to let such good fortune go waste!

Warmly,

Krish

98215 88114

Building.RTI.Union@gmail.com

Posted in Activism, Governance & Administration, Politics, RTI Act 2005, Right to Information, Whistleblowers.

Tagged with administration, AR Antulay’s donations-for-cement-quota, Arun Shourie, Corrupt, Corruption, Good governance, goverance, Harshad Mehta, Ketan Parekh, liberalization of media, Maharashtra, Prevention of Corruption Act 1988, Protection of activists, Rajiv Gandhi’s Bofors kickbacks, Reliance customs’ duty evasions, Right to Information, RTI Act 2005, RTI Activists, S Gurumurthy, scams, Sucheta Dalal, Television, UTI US-64 scheme scam, Whistle Blower, Whistle blowers protection, whistle blowing.

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By Krishnaraj Rao – April 10, 2012

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Roadmap for Change: Transforming India by Rebuilding Our Own Individual Character

Dear friends,

Today, I wish to let it all hang out. I wish to connect with you by sharing my deepest, most closely-held beliefs.

There is this shared dream of rebuilding India – of seeing a better India miraculously create itself. Rebuilding India is spoken of as an external task; we never think of ourselves as a part of the India that need rebuilding. For the betterment of India, we all want other people – mostly people in positions of power – to change their ways. Not even for a moment do we feel that we must change our ways.

Don’t you feel that building India into the land of our dreams is an almost unimaginable project, too large to be accomplished? I feel that way. And it is. It is truly a project of mind-boggling complexity and magnitude! So is the task of rebuilding ourselves – almost like a brain transplant.

India is a manifestation of our collective visions and actions. We give flesh to India’s history, mythology, philosophy, religion etc. Without ‘We the People’, India is just another place on the world map. The India that needs fixing is not this place on the map where we live. The India that needs fixing is You and I and all of us.

Today, we find that this India is a place of injustice, greed and corruption. That is because there is injustice, greed and corruption in our hearts and in our actions – yours and mine, and those of millions of rich, middle-class and poor Indians.

Before 1947, we could blame it all on the actions of our British masters; today, we do not have that luxury. Because, flawed or otherwise, we really are a functioning democracy. We cannot absolve ourselves by hanging our failures on the necks of the nation’s founding fathers. Despite their personal limitations and tough circumstances, they did their very best in their lifetimes. That is more than one can say for you and me; we have not even begun.

We find that our governments and judiciary are bound up in blind, unthinking procedures and self-defeating routines. The people who work in courts and government offices are just like us — each one bound up in habitual behaviors that they refuse to reflect upon, each one steadfastly justifying his actions and refusing to change. We cannot change these people. But, by creating large and measurable changes in our own everyday lives, we can change ourselves and thereby start a chain reaction for changing those who are in governance and in judiciary. We must create the domino effect by changing our habits.

In recent years, my life has taught me that our deepest cravings are our only true prayers. The prayers that we say with our lips amounts to little, it is the prayers that we say with our actions that really count. Nature fulfils our deepest cravings – both sacred and vulgar – even those that we do not admit to ourselves. There is nothing mysterious or spiritual about this; our cravings manifest in every little thought, speech and action, everyday. Like little screws turning in their threads, they move us, millimeter by millimeter, towards our goals. Our speech and actions over decades have brought us to where we are in life today. This is not rocket-science.

No man or woman is an island. Our lives are intertwined together; we magnify one another’s actions, or we nullify the actions of one another. My vulgar cravings may cancel out your sacred strivings. My years of greed may wipe out the results of your years of self-sacrifice. Therefore, to move forward and rebuild India, we must find more effective ways to communicate and to collaborate. Today, India lurches one step forward and two steps back because we have not learned to communicate. We have not made ourselves whole; we are the proverbial house divided within itself, in a state of inner conflict. We are like a lobotomy patient whose left and right brain have been separated in the middle; even his two hands cannot coordinate together.

On my commute in Mumbai, I sometimes experience how our Us-versus-Them attitude shapes our lives. I board a crowded fast train coming from Virar at Borivli. It is already jam-packed, but I want the people at the door to squeeze inside a tiny bit and let me in. If they don’t, I feel angry with ‘them’ passengers for being uncooperative with ‘us’ who are trying to board the train. No sooner I set foot on the train, my perceptions change. Now I feel that there is no more space inside the train. I don’t want ‘us’ passengers to let in more of ‘them’ people on the platform, because ‘they’ will cause ‘us’ great discomfort.

Another instance: When this train rolls into Churchgate station, people charge in without letting us disembark. They stampede around looking for the best seats, while we wait impatiently for things to quiet down, shaking our heads and clucking in disapproval. The irony is that we have all have participated in such stampedes; somehow, things never look so bad to us when we are the ones doing the stampeding.

As it is with the suburban railways, so it is with our nation. What happens in my head translates into the reality around me. Confused people do things that they themselves do not approve of.

When a person says that he/she wants an India that is non-corrupt, what exactly does he mean? Each of us means a different thing. Some people only want an India that gives them promotions and privileges over others. Others want an India that gives them fame and recognition. Like swimsuit clad Miss India finalists talking about World Peace, we say nice-sounding things, but our real agenda is of self interest.

Is our cross-eyed vision harmless? We all believe so… but no. Saying one thing and meaning another is toxic. Our hypocritical cravings get translated into our collective actions. The results are all around us; we are living and wallowing in our own filth.

Our vision of India is JUSTICE & EQUALITY FOR ALL, BUT EXTRA FOR ME. We say, “I want India to be a country where I can get a fair hearing and remedies to my problems without struggling endlessly.” Many of us who say this are living in ways that create conflicts and enmity with parents, spouses, siblings, neighbours and colleagues. Do we genuinely wish for justice for all of them? How can we, when our deepest desire to see our adversaries bite the dust?

Our vision is that GOOD PEOPLE (WE) MUST RULE THIS NATION i.e. RULE OVER EVERYBODY ELSE. When we say, “Good people should be put in power,” and even when we talk explicitly of empowering the poor, are we not actually thinking of empowering and enriching ourselves in the name of the poor?

When we wish that a MESSIAH-LIKE FIGURE MUST COME AND SAVE US, what we are really wishing for is to carry no responsibility for bringing about change. We want freedom to continue living our consumerist lives, while the messiah bears the cross and dies for our sins.

True, our politicians hug and kiss dirty-nosed babies in their constituencies for one month before the elections, and never come back afterwards. True, our ministers sell precious public resources – be it airport land or 2G bandwidth – at a fraction of their true value, and get paid off in Mauritius. True, our bureaucrats are servile with ministers and rude to the common man. True, our industrialists are in cahoots with bureaucrats and politicians to loot the nation. True, our judges look on benignly while their orders are flouted and the country is looted.

True, all of these people must change for India to transform.

But what about us – the so-called middle-classes who are really in the top two percent in terms of wealth and privileged access? Can we stay wrapped up in our aspirational cocoons – focused on enjoying a consumerist lifestyle, climbing the career ladder and giving our children a head-start in the rat race? Can we continue to pretend that we belong only to the metros, but not to the nation as a whole? We continue to cocoon ourselves in our comfortable urban reality and pretend that farmer suicides, land acquisitions, the widespread distress of India’s farming communities, droughts and floods have nothing to do with us.

And what about us – self-righteous activists? Many of us cannot draw the line between our own private grievances and matters of public interest. We try to delude ourselves and others that our private disputes are matters of great public interest, and try to further our own cause.

Can we afford to continue to believe that ‘they’ are corrupt and ‘we’ are clean? The idea that transformation is about we ‘good people’ winning the war to dethrone them ‘bad people’ is the oldest delusion known to mankind.

There is much that I don’t know or understand yet. But this I know: the India of my dreams will materialize only if I am prepared to undergo a painful transformation, like a caterpillar turning into a butterfly. I will have to perform major reconstructive surgery on my own character, personality and lifestyle. I will have to change who I am.

And so will you, my friend. If you really want India to transform, there is simply no other way.

Warmly,

Krish

98215 88114

thebravepedestrian@gmail.com

Posted in Activism, Economic Commonsense, Global stupidity, Governance & Administration, Philosophy, Politics, Practical Mysticism.

Tagged with Better India, change, change agents, courts, Good governance, Government, habitual behaviors, India of our Dreams, Judicial Reforms, Judiciary, Justice, Peace, Rebuilding National Character, Reforming, Reforming India, Resurgent India, Roadmap for Change, social change, spiritualism, Transforming.

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By Krishnaraj Rao – April 7, 2012

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Prithviraj Chavan has No Faith in RTI Activists & Civil Society

Dear friends,

I want to share my discomfort after meeting with Chief Minister Prithviraj Chavan yesterday evening (Thursday, 5 April, 7 pm). This meeting was about:

• Appointment of new State Information Commissioners to hear second appeals

• Implementation of Section 4 and proactive disclosure by public authorities

• Rollback of the RTI Rules amendment dated 16 Jan 2012.

Julio Ribeiro and Narayan Varma –- the leaders of Public Concern for Governance Trust (PCGT) — had sought this appointment, and they headed the delegation. Bhaskar Prabhu, S K Nangia, Nitai Mehta (Praja.org), Anil Galgali, Chetan Kothari, G R Vora and I were invited to participate in the discussion by the PCGT chiefs.

PCGT is still to issue a press release; it may do that tomorrow. But my friends who read about this meeting in the morning papers are phoning me to ask how I feel. They are asking: IS PRITHVIRAJ CHAVAN A GOOD MAN? Is he open minded? Are dialogues with him meaningful? Does he say what he means, and mean what he says? Can we expect good things to come out of him?

More particularly, they are asking: IS HE FAVOURABLY INCLINED TOWARDS RTI ACTIVISTS’ CONCERNS? Did he make meaningful promises? My friends don’t expect me to be formal; they expect me to bluntly say exactly what I think. So, here are my answers.

IS PRITHVIRAJ CHAVAN A GOOD MAN?

My feeling is, YES. He engages in dialogue openly. He makes his mind known in his discussion. Unlike typical politicians, Prithviraj Chavan speaks his mind openly. It appears that he is not conducting the meeting as a mere formality. He patiently hears you out without cutting you short. Sometimes, he reacts sharply if he hears a contrary viewpoint, but his body-language is not overbearing and authoritarian. He is an intelligent guy. You can communicate with him, provided you are not cowed down by him. And so, meaningful dialogue is possible; whether he follows up with necessary actions, only time will tell.

IS PRITHVIRAJ CHAVAN FAVOURABLY INCLINED TOWARDS RTI ACTIVISTS / CIVIL SOCIETY?

Alarmingly, NO. He holds us in low esteem. He considers RTI activists a nuisance. He feels it is unnecessary to take civil society members into confidence while making important policy decisions. He feels that only bureaucrats should be made information commissioners, and that there is no need to lay down any processes for the selection of State Information Commissioners.

WHAT EXACTLY DID HE SAY?

1) NON-INCLUSION OF CIVIL SOCIETY IN SIC, NON-TRANSPARENT PROCESSES TO CONTINUE. Narayan Varma and Julio Ribeiro stressed the urgent need to appoint Information Commissioners, so that the rising pendency of cases would be checked. (It is currently about 24,000 and rising at over 2,000 per month.) The CM responded by lamenting that there was a shortage of good good retired IAS and IPS officers for the post of Information Commissioner. He said that DOPT was only assigning only seven new IAS officers to Maharashtra every year, whereas the need was for 15. G R Vora and I argued that he should select members of civil society, and for this, he should solicit applications. “Civil society? I don’t think so,” Prithviraj Chavan shot back. “Good implementation of the RTI Act has mainly happened due to former civil servants,” he said, while adding something about different people having different paces of working – probably so that we would not raise the issue of Shailesh Gandhi being the fastest-working Information Commissioner. He added that people were free to apply, but he would not invite applications. He was adamant that the selection of SICs would continue to happen at the pleasure and sole discretion of the powers-that-be.

2) NO NEED TO CONSULT RTI ACTIVISTS ON RTI RULES AMENDMENT. When this issue was raised by Bhaskar Prabhu, G R Vora and I, he shot back, “RTI activists? People are making a business of being RTI Activists! We may have to hold a public consultation, but we don’t have to listen to anybody and everybody who calls himself an RTI activist.” Later on, Prithviraj Chavan made a wry face and remarked that it was a waste of time to consult the general public.

WHAT DO I TAKE AWAY FROM THIS MEETING?

For open and inclusive selection of Information Commissioners, and for the rollback of the Maharashtra RTI rules amendment, we must campaign hard, and the time is now. We must gain the support of the aam aadmi as well as stalwarts like Aruna Roy. Otherwise, the new rules amendment will become part of the accepted system. The government will gain the freedom to make any rule changes at their own sweet will, and we will be reduced to grumbling bystanders. This must not happen at any cost.

PCGT filed a PIL for appointment of Information Commissioners three months ago, and it has still not been heard for admission. Instead of waiting passively for the judiciary to come to our rescue, we must build up substantial public awareness and sentiments. Prithviraj Chavan may be a good man, but he will not give us our Right to Information on a platter. We will have to work hard for it.

Warm Regards,

Krish

9821588114

Building.RTI.Union@gmail.com

Posted in Activism, Economic Commonsense, Governance & Administration, Politics, RTI Act 2005, Right to Information, Whistleblowers.

Tagged with Anil Galgali, Bhaskar Prabhu, Chetan Kothari, Chief Minister, Julio Ribeiro, Maharashtra, Maharashtra SIC, MSIC, Narayan Varma, Nitai Mehta, Praja.org, Prithviraj Chavan, Public Concern for Governance Trust, Public Concern for Governance Trust PCGT, Rollback, RTI Rules amendment, RTI Rules amendment dated 16 Jan 2012, S K Nangia, Section 4 Proactive Disclosure, Shailesh Gandhi, State Information Commissioners.

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By Krishnaraj Rao – April 7, 2012

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Adarsh scam: Ratnakar Gaikwad ki kameez itni safed kaise?

4 April, 2012, Mumbai: The arrest of bureaucrats Ramanand Tiwari and Jairaj Phatak in the Adarsh scam yesterday sent a ripple of joyful text messages through the Mumbai activist community. As we eagerly await the arrest of bigger fishes, the question arises: Why no FIR against former MMRDA Chief Ratnakar Gaikwad? Is CBI deliberately ignoring the key role that Ratnakar Gaikwad played as MMRDA’s metropolitan commissioner? So far, there is no evidence that he gained monetarily from giving the Occupation Certificate (OC) to Adarsh building. But documents clearly point to Criminal Misconduct as defined by Prevention of Corruption Act 1988.

To summarize the offense, ‘A public servant is said to commit criminal misconduct while holding office as a public servant obtains for any person any valuable thing or pecuniary advantage without any public interest’. (Section 13(1)(d)(i), (ii) and (iii) oif Prevention of Corruption Act 1988. Refer here: http://tinyurl.com/PCAshort )

Despite being informed by Western Naval Command that Adarsh was against public interest, Ratnakar Gaikwad issued an Occupation Certificate. Documents procured by RTI activist Viren Shah clearly reveal the offense.

SEQUENCE OF EVENTS:

• ON 25 JUNE 2010, the Flag Officer Commanding-in-Chief, Western Naval Command, wrote to Maharashtra’s Chief Secretary, Municipal Commissioner of Greater Mumbai and Principal Secretary of Urban Development Department. See page 1 and 2 of http://tinyurl.com/RatnakarG1

The defense chief referred to an earlier letter written on 8 June, and raised “serious concern with regard to the construction of a building by a private housing society in the vicinity of defense installations at Colaba Defence Station, Mumbai, and the necessity for screening of the allottees from the security point of view”. Mentioning the increased threat perception post 26/11 and asking for the list of allottees, he said, “It is of the utmost urgency from the point of view of security… that necessary directives under Section 154 of the MRTP Act 1966 be immediately issued by the Government of Maharashtra to the Planning Authority not to grant any Occupation Certificate, partial or otherwise whatsoever, to the said building/society, which is in the vicinity of the WNC Defence installations /Colaba Defence Station till the desired information is provided by them, and vetted by this Headquarters. You are requested to kindly take action on the aforesaid, failing which HQ WNC would be constrained to take legal recourse to legal proceedings.”

This letter must have created a flurry of activity in Mantralaya for a couple of months, but the defence chief did not get the simple information that he was requesting for – the list of allottees. He got no reply.

• ON 30 AUGUST 2010, the Chief Secretary then put the ball in Ratnakar Gaikwad’s court. (See page 3.) And Ratnakar Gaikwad did the dirty job very quickly.

• ON 29 SEPTEMBER, Ratnakar Gaikwad delivered the coup de grace to the Flag Officer Commanding-in-Chief. In his letter dated 29 September, he coldly stated that, based on a letter written by the secretary of Adarsh Society, THE OC HAD BEEN ISSUED ON 16 SEPTEMBER i.e. 13 days earlier. (Imagine! The word of an ordinary building secretary – representing a very private interest – is stated as justification for acting against the word of a defense chief, without even calling the latter for a personal hearing!) Gaikwad’s letter went on to conclude that if the defense chief had any security concerns about the members of the society, he should now go to the police commissioner.

In other words: “I just did what you are saying we must not do. Ja, ukhaad le jo ukhaadna hai!”

READ GAIKWAD’S AMAZING LETTER:

“Sir, please refer to your above cited letters. In this regard, secretary of the society has written a letter to MMRDA in which it is stated that ‘It is reliably learnt that Naval Authorities have also written to your office regarding the antecedents of members of our Society. In this context, I would like to bring it on record for your kind information that the society consists of members from Army, Navy, Government of India Officers from IAS, IPS, IFS, IRS and other Government Officers. Our members are including Ex Chief of Naval Staff, Ex Flag Officer Commanding in Chief, two formal Chief of Army Staff and other senior officers from Army, Navy, Defence Estates etc. The Society also have Hon’ble Members of Parliament, State Assembly besides senior people who held position of Union / State Cabinet Ministers and Speaker of Maharashtra Assembly. It is also brought on the record that the land in question is State Government land allotted to the Society by the State Government and Membership have been approved by the Government of Maharashtra/Collector Mumbai according to the Government Resolution in force and antecedents of all the members have been verified and approved by the government prior to allotment of membership. In the light of above, any further verification of antecedents of members by the navy appears to be overstepping the right of propriety vested in the Government of Maharashtra and Collector Mumbai City, who have verified and approved the names.’

“IN VIEW OF THE ABOVE, IT IS FELT THAT AFTER COMPLETION OF THE BUILDING, BASIC ISSUES MAY NOT BE RAISED (emphasis supplied). If there is any reasonable apprehensive (sic) about the members of the society from the security point of view, you may refer the matter to the appropriate authority such as Commissioner of Police, Mumbai. MMRDA has issued the Occupancy Certificate to the Adarsh Society on 16/9/2010.

Yours faithfully, Ratnakar Gaikwad, Metropolitan Commissioner.”

This fait accompli presented to Western Naval Command, is seemingly based on a boastful letter written by an ordinary building society secretary.

NOW LET US ASK SOME QUESTIONS:

1) Did Metropolitan Commissioner Ratnakar Gaikwad dismiss the concerns expressed by someone who is only two or three levels below the President of India, Supreme Commander of the Armed Forces on the word of a mere building secretary?

2) Was Ratnakar Gaikwad’s letter written in obedience to the command of someone very high up in the government or administration? Someone whom Ratnakar Gaikwad could not name in his letter? Who might that be?

3) Did MMRDA chief Ratnakar Gaikwad have the authority a decision in this unilateral matter? Was this a decision based on sound administrative logic i.e. weighing of public interest against private interests?

4) Since when did handing out Occupation Certificates to private building societies become part of MMRDA’s duties? Was it envisaged in the MMRDA Act? Mumbai Metropolitan Region Development Authority (MMRDA) was constituted to build urban projects to unify the MMR region; Is Adarsh Society such a project? If not, how did MMRDA issue Occupation Certificate to Adarsh? Isn’t this a job that only the Municipal Corporation could have done?

5) Was MMRDA empowered by an innocuous government resolution (GR) to give occupation certificates to such buildings, which has nothing to do with the unification of Mumbai Metropolitan Region? If so, we need to look at the process by which this GR was passed, because this appears to be another illegality perpetrated by the State Government to favour the builder lobby?

6) Who made Gaikwad the Chief Secretary? Was this a reward for the illegalities that he committed to favour the builder lobby while he was at MMRDA? Read documents of Ratnakar Gaikwad’s many favours to builders: http://tinyurl.com/Gaikwad-Gift-to-25-Builders

Also read: http://tinyurl.com/Gaikwad-favours-to-RNABuilders

7) Final question: How many more documentary evidences like these will whistleblowers have to put in the public domain before the State Govt. sacks him and CBI files an FIR against Ratnakar Gaikwad? Isn’t an offense of criminal misconduct adequately revealed by all this, my dear sirs? Must we get directions from Bombay High Court for that?

Warm Regards,

Krishnaraj Rao

98215 88114

Building.RTI.Union@gmail.com

Posted in Activism, Governance & Administration, Politics, RTI Act 2005, Right to Information, Whistleblowers.

Tagged with Adarsh building, Adarsh scam, Adarsh Society, BMC, Bombay High Court, builder mafia, Builders Lobby, CBI, Central Bureau of Investigation, Chief Secretary, Chief Secy, Criminal Misconduct, Flag Officer Commanding-in-Chief, Jairaj Phatak, MCGM, Metropolitan Commissioner Ratnakar Gaikwad, MMR, MMRDA Chief, MMRDA’s metropolitan commissioner, Mumbai, Mumbai Metropolitan Region Development Authority, Municipal Commissioner of Greater Mumbai, Municipal Corporation, Occupancy Certificate, Occupation Certificate, PCA 1988, President of India, Prevention of Corruption Act 1988, Principal Secretary, Ramanand Tiwari, Ratnakar Gaikwad, RNA Builders, Supreme Commander of the Armed Forces, Urban Development Department, Western Naval Command.

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By Krishnaraj Rao – April 4, 2012

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Inspiring: Arvind Kejriwal’s reply (Hindi & English) to Rajya Sabha Privilege Notice for “Insult to Parliament”

Dear friends,

2 April 2012: A significant milestone in India’s struggle for better governance has been crossed. In response to the Privilege notice served on him for “insult to parliament”, Arvind Kejriwal’s reply dated 30 March 2012, addressed to the Rajya Sabha Secretariat, is definitely worth reading. You can download English and Hindi versions from http://tinyurl.com/Kejriwal-reply2RS-PrivlegNoti

Kejriwal speaks in a powerful voice about the common man’s perception of parliamentarians. His main argument is that it is not his (Kejriwal’s) words, but the collective deeds of parliamentarians that has lowered the dignity of the Houses in the eyes of the common man.

Read this and ponder. Preserve this document on your computer, and this moment of time in your mind. This face-off between Arvind Kejriwal and the Parliament is a turning point in India’s unfolding history. Years or decades later, you will surely look back at this moment, and understand the full significance of Kejriwal’s courageous and defiant stance.

Warm Regards,

Krishnaraj Rao

98215 88114

PS: I have earlier questioned Team Anna’s confrontationist politics, the Jan Lokpal agitation, and the actions of some of its team members. MY VIEWS STAND UNCHANGED. But there are no good or bad persons here; the dharma of each action of each one of us must be seen without prejudice and without taking sides.

Posted in Uncategorized.

Tagged with Arvind Kejriwal, Arvind Kejriwal IAC, Arvind Kejriwal India Against Corruption, Arvind Kejriwal Parivartan, Arvind Kejriwal PCRF, Arvind Kejriwal Team Anna, Breach of Privilege, Insult to Parliament, Kejriwal, Kejriwal's reply, Kejriwal's response, lowering dignity, Members of Parliament, notice, Privilege Notice, Rajya Sabha, Rajya Sabha Secretariat, reply, Team Anna.

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By Krishnaraj Rao – April 2, 2012

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Breaking news: MAHARASHTRA RTI RULES STEALTHILY AMENDED IN JAN 2012!

Sign Protest Letter to CM Prithviraj Chavan

30 March 2012, Mumbai: There has been a startling breach of trust and public confidence by Govt of Maharashtra. Without any public debate, the government has quietly notified an amendment to Maharashtra RTI Rules on 16th January 2012. See http://tinyurl.com/Mrashtra-RTIRulesAmend-Jan2012

Shockingly, we did not even learn this from any government source such as a public notice in the dailies. Nor was it told to any RTI activist – many of whom are in regular touch with Mantralaya. We were informed by our RTI Union member Advocate Vinod Sampat, who saw this notification in the March edition of a publication he purchased outside City Civil Court. After reading it, we are left no doubt as to the authenticity of the notification and the amendment.

THE AMENDMENT SAYS:

(i) Request for information must nor ordinarily exceed 150 words

(ii) Request for information must relate to one subject matter only. If necessary, separate applications must be made if it relates to more than one.

(iii) Public Information Officer (PIO) must allow the person inspecting the documents to take a pencil only. All other writing instruments must be deposited with the PIO.

We may have differences of opinion about the merits or demerits of the amended rules, but there can be no differences on one point: WE, THE RTI ACTIVISTS AND RTI USERS OF MAHARASHTRA, SHOULD HAVE BEEN CONSULTED. There should have a public consultation of stakeholders before changing the rules. This is as mandated by Section 4(1)(c), which says, “Every public authority shall - publish all relevant facts while formulating important policies or announcing the decisions which affect public.”

Please protest. JOIN US IN SENDING THE BELOW LETTER OF PROTEST to Chief Minister Prithviraj Chavan. Send an email to my activist colleague G R Vora grvora1@gmail.com

To help G R Vora compile your signatures neatly, please copy-paste and email your information to him in this five-point format:

• Your name: E.g. Krishnaraj Rao

• Your brief address: e.g. Borivali, Mumbai

• Your profession: e.g. Content Writer

• Your email id: e.g. thebravepedestrian@gmail.com

• Your mobile: e.g. 98215 88114

Also, please change the Subject Line to: “I endorse letter to CM opposing RTI Rules Amendment”

The hard copy of the protest letter WILL BE COURIERED TO THE CHIEF MINISTER AT 2 PM ON MONDAY, 2ND APRIL, 2012, with copies to Prime Minister and also Mrs Aruna Roy, member of National Advisory Council (NAC).

This is a time to sink all our differences and unite. Please sign in large numbers, and show your solidarity for safeguarding RTI in Maharashtra.

Warmly,

Krish

9821588114

————————————————————-

DRAFT OF LETTER TO CM

2 April, 2012

Shri Prithviraj Chavan,

Chief Minister of Maharashtra,

Mantralaya, 6th Floor,

Madame Cama Road,

Mumbai 400032

Please withdraw Maharashtra RTI Rules amendment notified in Jan 2012

Sir,

We – the community of RTI activists and users of Maharashtra — are writing this to convey shock, dismay and sense of betrayal. We feel cheated that you saw fit to notify an amendment to the Maharashtra RTI Rules on 16 Jan 2012 without taking us into confidence. And we are disappointed that we learned about this amendment post-facto from an unofficial source – a private publication sold outside Mumbai’s city civil court: http://tinyurl.com/Mrashtra-RTIRulesAmend-Jan2012

Sir, in stealthily carrying out this amendment, you have been wrongly advised. Your government DEFIED THE LEGAL MANDATE OF SECTION 4(1)(C) OF RTI ACT 2005: “Every public authority shall - publish all relevant facts while formulating important policies or announcing the decisions which affect public.”

By not holding a PUBLIC CONSULTATION, you have erred gravely. The Union government held public consultations last year for rule amendments; why not you? Why did you not take the people into confidence, as mandated by Section 4(1)(c)?

Please expect this amendment to be immediately CHALLENGED IN BOMBAY HIGH COURT on these grounds. Before this happens, it may be worthwhile withdrawing this amendment, as it is legally indefensible.

The amendment says:

(i) Request for information must nor ordinarily exceed 150 words

(ii) Request for information must relate to one subject matter only. If necessary, separate applications must be made if it relates to more than one.

(iii) Public Information Officer (PIO) must allow the person inspecting the documents to take a pencil only. All other writing instruments must be deposited with the PIO.

The third point appears aimed at preventing RTI applicants from making permanent marks on public documents while taking inspection. On the face of it, that seems fair enough.

We object to point (i) because a majority of Maharashtra’s people – less educated people living in slums and villages – may lack the verbal skills for drafting an RTI application within a word limit of 150 words. By what process was the 150 word-limit arrived at? Why not 250 words? Unless it is based on study and judicious reasoning, this rule is arbitrary and capricious. If we accept such an arbitrary rule today, the government may pass another amendment tomorrow imposing a limit of 10 words. It is therefore unacceptable to the community of RTI activists and users.

And finally, coming to point (ii), WE STRENUOUSLY OBJECT TO THIS “SINGLE SUBJECT MATTER” RULE, AS IT GIVES THE PIO UNNECESSARY DISCRETIONARY POWERS. There is a large subjective element involved in deciding what is a “single subject matter”; where does one draw the line between two subject matters?

FOR EXAMPLE: An RTI applicant asks the Municipal Commissioner’s office for copies of complaints, and the papers showing action taken on them, relating to impure water supply in A, B and C wards. An uncooperative PIO can argue that this RTI application has three subject matters, as each ward is a separate “subject matter”. Another man in his position can argue that complaints are one subject matter, and the actions taken on complaints are a different subject matter. Sir, based on our common experiences, we anticipate that the PIOs and appellate authorities will be drawn into such hair-splitting disputes, diverting their attention from the intent of the RTI Act. This will end up hurting the inexperienced first-time RTI applicants the most.

OUR EARNEST PLEA TO YOU:

a) Sir, IMMEDIATELY WITHDRAW THESE AMENDMENTS to regain the faith of the people of Maharahtra.

b) If amendment to rules is felt necessary, PLEASE SOLICIT FEEDBACK AND HOLD PUBLIC CONSULTATION WITH VARIOUS STAKEHOLDERS, including RTI activists and users, PIOs, first and second appellate authorities. Only after considering all the feedback should you amend the rules. This may be time consuming and difficult, but there can be no short-cuts.

c) Before you even consider any such amendments, it is urgent for you to TRANSPARENTLY SELECT AND APPOINT AT LEAST FIVE STATE INFORMATION COMMISSIONERS, AND GIVE THEM ADEQUATE STAFF AND BUDGETS. Please do this by due process i.e. declaring selection criteria, inviting applications from aspirants, and proper screening procedures. In the absence of sufficient numbers of Information Commissioners, many benches of the State Information Commission are lying vacant, numbers of pending Second Appeals are mounting to 30,000, and the time-interval before getting hearings is exceeding 18 to 24 months. Many public authorities in the state are increasingly delaying or denying RTI applications, as the Second Appeal is fast losing its potency.

Sir, we urge you to take immediate action to safeguard good governance and transparent administration in the state.

Yours Sincerely,

(Your signature, name, address, phone number)

Copy to: 1. Prime Minister Dr Manmohan Singh.

2. Mrs Aruna Roy, Member, National Advisory Council (NAC).

Posted in Activism, Governance & Administration, Politics, RTI Act 2005, Right to Information, Whistleblowers.

Tagged with 150 words, 150-words limit, Accountability, Amendment dated 16 January 2012, Appointment of Information Commissioners, Chief Minister, CM, FAA, First Appeal, First Appellate Authority, Information Commissioner, Maharashtra, Maharashtra RTI Rules, MSIC, Nandkumar Jantre, Pendencies, PIO, Prithviraj Chavan, Public Information Officer, RTI Rules of Maharashtra, Second Appeal, second appellate authority, Selection of Information Commissioners, selections, Single subject matter, State Information Commissioner, State RTI Rules, Transparency, word limit.

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By Krishnaraj Rao – March 30, 2012

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RTI reveals: AAI officials put Kingfisher’s fishy cheques on hold for 6 months, cheating Govt of revenue

29 March 2012, Mumbai: Are you afraid of bouncing a cheque? Most of us are afraid of arrest and prosecution under the Negotiable Instruments Act. But Dr Vijay Mallya and his executives at Kingfisher Airlines are not, evidently. In August and October 2011, Kingfisher gave Airport Authority of India (AAI) five cheques totaling Rs 121 crore. All of them bounced. And, so far as we can see, AAI has not taken any legal action.

But that’s not all. Many questions arise from information received by Pune RTI activist Sanjay Shirodkar last week from AAI. The dates of their issue, and the dates on which they were deposited are underlined in red ON PAGE 3 of this set of papers: http://tinyurl.com/Kingfisher-bounced-cheques-RTI

The papers reveal a story of collusion. One cheque for Rs 15 cr issued in mid-October 2011 was promptly deposited, and it bounced. The Economic Times reported this: http://tinyurl.com/ET-report-Kingfisher-bounce

But in August, two months earlier, Kingfisher had given four cheques totaling Rs 106 crore… and AAI did not deposit them until the 6-month validity period nearly expired in February. These cheques were presented over a 12-day period, and they bounced one by one. These cheques were drawn on Axis Bank and ICICI Bank, Mumbai.

WHY DID AAI OFFICIALS NOT DEPOSIT THEM EARLIER?

Were the officials following orders to hold on to these cheques? Orders from the Ministry of Aviation, maybe? Or were they just following friendly advice from the accounts department of Kingfisher Airlines? What could have been the reason?

Had these cheques been deposited immediately in August 2011, they might have been honoured. It is unlikely that the accountants at Kingfisher wrote these cheques without sufficient balance. (This hypothesis can be verified from Kingfisher’s account statements.) If so, then the AAI officials responsible for the 6-month delay in depositing the cheques should be facing departmental action, if not criminal charges. BY WAITING UNTIL KINGFISHER’S COFFERS WERE EMPTY, THESE AAI OFFICIALS DEFRAUDED AAI & GOI OF SIX MONTHS INTEREST ON RS 106 CR, AND PROBABLY MUCH MORE.

Are AAI officials usually slack in depositing cheques? No. Such delays in depositing cheques are only seen in one out of over 100 instances i.e. “Pic Charges” on page 6, where the cheque is of a few hundred rupees.

WHY HASN’T DR VIJAY MALLYA BEEN PROSECUTED?

Let us see what the Section 141 of Negotiable Instruments Act, says: “Offences by companies.–(1) If the person committing an offence under Section 138 is a company, every person who, at the time the offence was committed, was in charge of, and was responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any person liable to punishment if he proves that the offence was committed without his knowledge, or that he had exercised all due diligence to prevent the commission of such offence.”

No due diligence is evident; five cheques of such magnitudes don’t bounce because somebody goofed up. In fact, deliberately giving bad cheques was probably Kingfisher’s way of buying time. So, Chairman and Managing Direct Dr Vijay Mallya, who is responsible for the conduct of its business, is liable under Section 141 of the Act. Also, the signatory of the cheque is liable. [Legal info: http://www.legalblog.in/2011/07/liability-of-director-in-cheque-bounce.html ]

If Dr Mallya, his CEO Sanjay Aggarwal and others are not facing legal consequences, we need to ask why.

MANY OTHER AIRLINES HAVE ALSO BOUNCED CHEQUES

These are circled in red on pages 4, 5 and 6 of the RTI reply file.

• Garuda Aviation Pvt Ltd – Rs 12 lakh in November 2011

• Qatar Airways – Rs 2.8 lakhs in October 2008

• Jet Airways – Rs 17 lakhs in July 2009

• Jet Lite Airways – Rs 16 lakhs in April 2010

• Emirates Airlines – Rs 6.7 lakhs in October 2009

• Spice Jet – Rs 67 lakh in January 2008

• Indigo Airlnes – Rs 7 lakh in April 2008

• Go Air – Rs 34 lakh in May 2008

Totaled up, these are not even one-hundredth of Kingfisher. Still, one wonders how AAI officials generally deal with all these Airlines, hospitality firms, duty-free shops and other defaulters. Do they smile kindly and remark, “Boys will be boys”? If so, then we hope that other government departments are not punishing the common man when he makes the same mistake. Mr Prime Minister, Sir, is the Govt of India treating the common man in the same way as the King of Good Times?

[For queries & RTI papers, contact Sanjay Shirodkar 9766313997, sanjay.shirodkar@gmail.com ]

Warm Regards,

Krish

98215 88114

thebravepedestrian@gmail.com

Posted in Activism, Economic Commonsense, Global stupidity, Governance & Administration, Politics, RTI Act 2005, Right to Information, Uncategorized, Whistleblowers.

Tagged with AAI, Add new tag, Airport Authority of India, bounced cheque, cheque bouncing, corruption. collusion, Dr Vijay Mallya, Kingfisher Airlines, Negotiable Instruments Act, Pune, RTI activist, Sanjay Shirodkar.

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By Krishnaraj Rao – March 29, 2012

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Beware! Agreement of Nahar Amrit Shakti (Chandivali) is a Trap

17 March 2012, Mumbai: Do educated people handcuff themselves? Yes, very often. The big boss of Nahar Group – one of India’s biggest builders – routinely makes top professionals and businessmen tie up their own hands. A large number of such people own properties in Nahar Amrit Shakti Complex Chandivali, near Powai. Ask Sukhraj B. Nahar. Lured by dreams of greenery, world-class amenities and rapid capital appreciation, intelligent people from Mumbai, Dubai, UK etc. book homes in Nahar Amrit Shakti complex. The prestigious address, the sheer size of the complex, and the involvement of HDFC Realty in this marketing exercise gives buyers a feeling of comfort and security.

However, the dreams are false. The reality of Nahar Amrit Shakti turns out to be dry and dusty. But people who buy homes from Sukhraj Nahar seldom fight for their rights. Poocho kyon?

Because, in their Flat Purchase/Sale Agreement, they renounce their right to seek legal remedies. Call it bullishness, lack of due diligence or herd mentality –- the flat purchasers readily agree to numerous illegal and discriminatory terms and conditions. Buyers are lulled into an unquestioning state-of-mind by the silver-tongued sales staff working for Nahar Group and HDFC Realty. (Buyers fall into a trap by ignoring the crucial fact that Nahar Enterprises, Nahar Builders & Developers, and Nahar Amrit Shakti Project Ltd. are all separate entities, and the obligations of one is not necessarily the obligation of the other.

Here is a case study: Someone bought an apartment in Lantana building in Nahar Amrit Shakti complex. It is one of the 17 buildings built like conjoined twins inside a single plot called Sector R-12. See this layout: http://tinyurl.com/Lantana-Nahar-Amrit-Shakti-R12

• THE GREEN PROMISE: http://tinyurl.com/Nahar-Amrit-Shakti-Promises

• THE DUSTY REALITY: http://tinyurl.com/Nahar-Amrit-Shakti-Recent-Pics

These photos show flat-purchasers living on a dusty construction site with stone quarrying happening in the surrounding hills, under Nahar’s supervision. The promised lush gardens, clubhouse and parking podiums are simply not there. The parking podiums in almost all the buildings of Sector R-12 of Nahar Amrit Shakti have been illegally converted into duplex flats for sale. If MCGM increases the FSI or TDR in coming years, event the 50,000 sq ft. space reserved for the clubhouse will be converted into apartments; the stage has already been set by the agreement itself.

See this AGREEMENT FOR SALE made in 2006: http://tinyurl.com/Extra-parties-SBNahar-Agreemnt

DOES THE AGREEMENT SPECIFY WHAT THE BUILDER MUST DELIVER, AND WHEN? NO. There are no dates and deadlines for delivery – not even tentative ones.

DOES THE AGREEMENT SPECIFY COMMON AMENITIES? NO. It only contains a bare minimum promise of delivering flat no. 401 on the 4th floor of a building called Lantana in Sector R-12 Chandivali, having built-up area of 842 square feet in exchange for Rs 42.73 lakhs. Even the number of floors in the building is unspecified. The list of amenities says “Children’s Park” and “Recreation Garden”. How big? Where? By when? Not mentioned. See this: http://tinyurl.com/NaharAmritShakti-R12-Amenities

Review this list in the light of what is shown in the Nahar Amrit Shakti promotional video or sales brochure. This list does not even mention the clubhouse, meditation hall, lush gardens, fountains, podium parking etc.

DOES THE AGREEMENT SAFEGUARD THE BUYER? NO. It says that the builder can even mortgage the whole building if he wants. It talks about the rights and privileges of the land owners, who are signatories to this agreement, but is silent about their contractual obligations to the flat-buyer.

Amazingly, Nahar Group’s standard agreement format says that the RIGHTS OF OTHER PARTIES, INCLUDING NAHAR, WILL TAKE PRIORITY OVER THE FLAT-PURCHASER’S BASIC RIGHTS such as light and space (casement rights), and enjoyment of common amenities like terrace. The flat-purchaser repeatedly affirms that having inspected numerous documents mentioned in the agreement, he is freely agreeing to all this.

NINE PARTIES ARE MENTIONED IN THE AGREEMENT:

[Refer to agreement: http://tinyurl.com/Extra-parties-SBNahar-Agreemnt ]

(i) NAHAR ENTERPRISES. Please remember, this is a bilateral agreement for Sale between Mr Raina “The Flat Purchaser” and Nahar Enterprises “The Builder”. This agreement is about the flat, the amenities and the money paid for it; everything else diverts it from its legitimate purpose. ALL THE OTHER PARTIES MENTIONED BELOW DILUTE THIS AGREEMENT.

(ii) FOUR HUFS CONSISTING OF ORIGINAL LAND OWNERS. Contradicting point (i), Nahar Amrit Shakti’s Agreement for Sale is between Mr Raina, Nahar Enterprises and the land owners, “The Owners”. It says on page 25 that although the Owners are a party to this agreement, the Builders and the Owners are “independent contracting parties on Principal to Principal basis” and are not to be considered as “Promoter” as per MOFA Act 1963. Inclusion of the owners enables S B Nahar to pass the buck. If the flat-purchaser takes the builder to court for breach of agreement, the land owners too may get dragged in, complicating the litigation. Because of this, the flat-buyer’s chances of getting legal remedies against the builder are minimized.

(iii) CHANDIVALI DEVELOPMENT CORPN, LATER DISSOLVED. “The Owners” formed separate agreements with Messrs Chandivli Development Corporation (called “The Corporation”) for developing their lands. The Owners, the Corporation and the Builder signed two tripartite agreements. Authorized by the Owners and the Corporation, the Builder (Nahar Enterprises) got layout plans prepared by architects. But later, Chandivali Corporation was dissolved, and the owners are now dealing with the builder as individuals. So why is it mentioned in the agreement? Because it can be used to confuse the court if necessary.

(iv) COOPERATIVE SOCIETY. A cooperative society must no doubt be formed by the flat purchaser and his neighbours in due course, but why mention it in this agreement? The agreement says that the coop. society or condominium as being responsible for management and maintenance. So, if the building is not well maintained, Nahar says, “Don’t look at me, go to the society!” And if the society has not yet been formed, he can say, “That is your fault.” On page 27, Nahar casts the duty of complying with mandatory fire-safety requirements on the society, thereby shirking his own legal liabilities.

(v) AD-HOC COMMITTEE TO BE FORMED BY ALL COOP. SOCIETIES for maintenance etc. More buck-passing opportunities for Nahar.

(vi) FEDERATION OF COOP. SOCIETIES. The agreement says Nahar will give conveyance only after a federation is formed for Nahar Amrit Shakti Sector R-12. Given our busy lives, it is hard enough for us to form cooperative societies. It is inconceivably more difficult for 17 such societies of different sizes, representing about 1500 flats, to form a federation. Nahar knows this. So, forget about getting conveyance!

(vii) NAHAR BUILDERS & DEVELOPERS LIMITED. Please note, “Nahar Builders and Developers” is not the same as “Nahar Enterprises”. According to the agreement, Nahar Builders & Developers has “agreed to provide club facilities to the flat purchasers of Nahar Amrit Shakti”. But it is not a signatory, only “Nahar Enterprises” is. The legal implication is that Nahar Enterprises, “The Builder”, cannot be held responsible for the promised clubhouse, and it will never be included in the conveyance.

(viii) POTENTIAL LENDERS TO WHOM THE BUILDER MAY MORTAGE THE BUILDING. The agreement says that the builder is at liberty to mortgage the building to raise funds for any purpose whatsoever. Use your imagination: the loan may be for covering S B Nahar’s losses in the share market, or something equally irrelevant. So where does that leave the flat-purchaser?

(ix) STONE QUARRY OPERATORS WHO HAVE LEASED HILLS FROM LAND OWNERS. The agreement names several quarry operators and their individual leases. This means that the flat purchaser cannot complain to the builder against the noise and dust; he will not even be able to go to court against it, because it is part of his agreement. Don’t ask questions such as: Is quarrying allowed within city limits? Have the owners got Environment Ministry clearance? S B Nahar can shrug and say that it is the decision of individual land-owners, and not his responsibility.

Are we finished with counting the loopholes? No, not yet. A dozen other unlawful points are lurking in the same agreement. We hope that some lawyers and owners of Nahar Amrit Shakti properties will also apply their mind to such agreements, so the the government is forced to review its policies and close the loopholes.

Until we write the next article on this topic, read the agreement by yourself and see what all you can spot. Also, please share your experiences and give us feedback. We look forward to receiving your feedback and reviews.

Warmly,

Krish

Building.RTI.union@gmail.com

98215 88114

PS: Deepak Parekh, Chairman of Housing Development Finance Corporation (HDFC) sits on many government committee, and speaks on various forums on good corporate governance, banking norms etc. Deepak Parekh is not just another businessman; he is a pioneer in the field of home loans, and occupies a high moral throne in the eyes of the media and the public. So, he needs to review and re-evaluate the involvement of HDFC and HDFC Realty with the S B Nahar Group of Companies. The question that arises is, should the HDFC brand be supporting and leveraging the brand value of dubious entities like Nahar Enterprises, Nahar Builders & Developers etc. Shouldn’t HDFC stop giving home loans for Nahar Amrit Shakti apartment sales, so that S B Nahar is forced to stop playing dirty games with the life-savings of flat purchasers?

Posted in Activism, Economic Commonsense, Global stupidity, Governance & Administration, Right to Information, Whistleblowers.

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By Krishnaraj Rao – March 17, 2012

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Premnath Jha killing: Suppressed Facts, Inside Story & Political Angle

4 March 2012, Mumbai: Newspaper reports of Premnath Jha’s murder on Friday, February 24 have overlooked some key details. The doctors and police tried to suppress material facts and avoid conducting a post-mortem. They tried to push the grieving family of Premnath Jha (or Premkant Jha as named in some newspapers) to cremate the body after only a cursory examination, so that the contract killing would pass for a mere road accident. And there is a reason for all this.

[Earlier Press Reports: TOI http://tinyurl.com/TOI-Premnath-Jha

HT http://tinyurl.com/HT-Premnath-Jha ]

Based on detailed discussions with an insider, I am drawing your attention to the feudalistic law-and-order environment in which Premnath Jha lived and died. Please ask yourself whether the police investigation of this murder can be impartial and effective.

OTHER ARTICLES:

1. Nahar Amrit Shakti Township in Powai — a Scam with thousands of Victims

2. Big Builders’ NOC & Transfer Fee is Extortion & Attempt to Set Up Parallel Administration

KEY POINTS OF THE CASE:

• JHA WAS SHOT AT CLOSE QUARTERS WITH A SILENCED GUN. There was only one bullet injury at the back of Premnath Jha’s neck, and nothing else — not even a scratch or bruise on his head, arms or body. The motorbike too had no scratches and dents. So it seems most likely that Jha and his bike fell over when they were standing, not moving. The insider suggests that Jha may have been stopped on the road by somebody pretending to enquire about an address or some such thing. When he halted, the gunman came from behind and shot him in the nape of the neck from a distance of one or two feet. (In other words, it was not a killing that involved firing half a dozen bullets at a moving target, and the bullet did not strike his forehead as the press reports suggest. It entered from behind and lodged inside his skull.) The entry wound was tiny and neat, caused by a small-bore pistol bullet no thicker than a ball-point pen. Probably, the pistol used had a silencer as the gunshot did not attract attention.

• JHA WAS A WELL-NETWORKED SOCIAL ACTIVIST in North Mumbai, and was known in many slums for his social work, he was opposing the illegal construction activities of builders in that area through RTI application. He lived in Phoolpada, a suburb of Virar East, about a kilometer from the railway station.

• JHA WAS AN ESTATE AGENT. This occupation involves large cash dealings with little or no documentation. Estate agents deal with builders, land sharks and shady characters of all shapes and sizes. As the dealings themselves are in shady areas, disputes cannot be resolved by lawful processes. So the question will arise whether he was in any sort of business dispute.

• VIRAR IS THE STRONGHOLD OF JAYENDRA “BHAI” THAKUR AND HITENDRA THAKUR – two brothers who are politicos as well as underworld dons. Hitendra Thakur was formerly a Congress MLA, but soon outgrew this party, and stayed an MLA for three more consecutive terms as an Independent candidate. The Thakur family (including the gen-next Kshtij Hitendra Thakur, the youngest sitting MLA) are virtually rulers of Vasai-Virar, and their political party Bahujan Vikas Aghadi (BVA) dominates Vasai-Virar Municipal Corporation with 55 out of 89 seats. Shiv Sena, MNS, Congress and NCP have no grip in this area. Hitendra and Bhai Thakur run a number of mafia-type businesses, such as water tankers, transport and security guards. Any builder or company that wishes to do business in that area must pay about Rs 150 per square foot of land to their family trust, Viva Charitable Trust. Background info:

(i) Hitendra Thakur Wikepedia: http://en.wikipedia.org/wiki/Hitendra_Thakur

(ii) Suresh Dube Murder Case: http://tinyurl.com/BhaiThakur-trial

(iii) Vasai-Virar Municipal Elections 2010: http://tinyurl.com/Thakur-VasaiVirar-election2010

• DESERTED ROAD, NO WITNESSES. Virar is the most distant western suburb of Mumbai, and is among the least developed suburbs of Mumbai. It is in Thane district. Phoolpada is a thinly populated place without many buildings, shops and establishments. Jha was riding home for lunch – around 12.30 or 1 pm – and the road was deserted at that time. People in nearby flats might have seen something if they were looking out of their windows… but the question is, was anybody looking on that fateful afternoon? And will he or she testify?

• VIRAR MEDICAL AUTHORITIES & COPS TRIED THEIR BEST TO IGNORE THE BULLET WOUND. The fact that Jha bled to death from that wound, and no other, should have made it the point of focus. But when the RTI activist was taken to the local Government health centre, the doctor in charge declared that it was clearly an accidental death, and gave the family clearance to dispose of the body without conducting a post-mortem. “Why do you want us to rip apart the body and stitch it up?” he asked Jha’s sons and others accompanying the body. (CBI should probe how a qualified government doctor could take such a suspicious stand.) Ignoring the fact that the activist had bled to death from that small wound, the doctor refused to perform an autopsy. He theorized that a roadside stone had injured the back of his neck when he fell. (Visualize a person falling from his bike. Isn’t it more likely that head, face and shoulders would first come in contact with the ground? Is it even plausible that one might hurt the back of his neck?)

• A WELL-KNOWN PRIVATE HOSPITAL IN VIRAR AVOIDED EXAMINING THE BULLET WOUND. When the government hospital refused to conduct an autopsy, people took the body to Sanjeevani Hospital – a prominent private hospital in Virar. There also, a lady doctor insisted that the wound on his neck was insignificant and refused to investigate. The cops accordingly registered a case of “accidental death”.

• POSTMORTEM OUTSIDE THAKUR TERRITORY REVEALED THE BULLET. Jha’s determined family and friends transported the body to JJ Hospital in Mumbai – about 50 km away and away from the Thakur sphere of influence. From there, the body was sent to Nair Hospital for a CT scan, which ultimately revealed the bullet lodged in his head. So finally, at about 1 am in the night – over 12 hours after the event – a case of murder was reluctantly registered by the police.

• POLICE HAD DELAYED SIX HOURS BEFORE REACHING THE SPOT. Inspector Yousuf Bagwan and other cops turned up at the murder spot only around 7 pm. Except for the cops receiving phone calls, every cop in Virar East police station was supposedly assigned to a duty duty elsewhere, and nobody could spare the time to go to the spot between 1 and 7 pm; how very convenient!

• ACTIVIST COLLEAGUES & BUSINESS ASSOCIATES ARE AFRAID TO SPEAK OUT. Premnath Jha had some activist colleagues in Vasai Virar, Mira Road and Borivali. However, they are keen on being left alone, and are distancing themselves from this case, says the inside source.

• JHA’S FAMILY IS CURRENTLY ON PILGRIMAGE IN GAYA, having taken his ashes for immersion. Their house in Phoolpada lies locked up. Any RTI documents and other correspondence giving a clue to this case are inside that house, and hopefully they will be safe. If so, such documents may emerge after their return in a week or so. Hopefully, they will not give in to threats and intimidation.

TWO BIG QUESTIONS:

1. Bhai Thakur and Hitendra Thakur are to Vasai-Virar what Sholay’s Gabbar Singh was to Ramgarh. The Thakurs insist on their services being engaged for everything local, be it transport or security guards. So, what are the chances that the contract killer would have carried out this assignment without their knowledge and approval? For that matter, is it likely that someone would have given the supari to the killer without taking the Thakurs into confidence?

2. The Thakur brothers have total control over the Municipal Corporation, and their word is law in Vasai-Virar. So, what are the chances that the local police will investigate it without fear or favour?

WHAT RTI ACTIVISTS MUST DO NOW:

The local police cannot be trusted with the Premnath Jha murder case. Unless CBI can be compelled to take over this case, the investigation will reach a dead-end. So RTI activists must PETITION THE GOVERNMENT TO DO THE FOLLOWING:

A. DIRECT THE CENTRAL BUREAU OF INVESTIGATION (CBI) TO TAKE OVER the investigation from Virar East Police Station. CBI should especially probe the role of the doctors who tried to hush up the murder and destroy evidence through their inaction and misleading actions.

B. INVESTIGATION MUST FOCUS ON BUILDER CIRCLE, both in Vasai-Virar and elsewhere in Mumbai. Even if not directly guilty, they are likely to provide important leads and insider-information.

C. INVESTIGATE GOVT OFFICIALS CONCERNED WITH LAND RECORDS & BUILDING PERMISSIONS. The role of government officials in the web of such illegalities is crucial. It is likely that Premnath Jha either revealed or got caught in such a web.

D. ASK GOVT DEPARTMENTS TO MAKE SUO-MOTO DISCLOSURE of RTI applications and complaints received from Jha, and all the information that he had requested. All this should be prominently published on the internet at once.

E. OFFER SUBSTANTIAL WITNESS-PROTECTION to his family and others so to enable and encourage them to depose without fear.

F. Last but not least, URGE JHA’S FAMILY, BUSINESS ASSOCIATES AND ACTIVIST COLLEAGUES TO SPEAK OUT. Some activist colleagues are in Borivli, 10 km away outside the Thakurs’ turf. If they have detailed knowledge of meetings with civic officials, builders etc. copies of his RTI applications and replies, correspondence etc., they must put it out into public domain. PUTTING ALL MATTERS INTO PUBLIC DOMAIN IS KEY TO PEOPLE’S SAFETY; as long as they possess privileged information, there is always a temptation for wrongdoers to threaten or harm them to suppress that information.

Warm Regards,

Krishnaraj Rao

9821588114

Building.RTI.Union@gmail.com

Posted in Activism, Governance & Administration, Politics, RTI Act 2005, Right to Information.

Tagged with autopsy, Bahujan Vikas Aghadi (BVA), BANM, Bhai Thakur, Builders’ Association of Navi Mumbai, bullet wound, BVA, Congress MLA, dead RTI activist, entry wound, estate agent, Hitendra Thakur, Independent MLA, Inspector Yousuf Bagwan, Jayendra Bhai Thakur, Kshitij Hitendra Thakur, Kshitij Thakur, Mafia, Maharashtra Chamber of Housing Industry, MCHI, Mira Road, MLA, post mortem, postmortem, Premkant, Premkant Jha, Premnath Jha, protection for activists, RTI activist, Sanjeevani Hospital, Social activist, Suresh Dube murder, Thakur family trust, underworld don, Vasai Virar, Vasai-Virar Municipal Corporation, Virar East police station, Viva Charitable Trust, water tanker.

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By Krishnaraj Rao – March 4, 2012

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Premnath Jha killing – Petition to CM, Muni Commrs, Top Cops etc. SENT TODAY with 50 signatures

Dear friends,

Thank you for supporting this petition to Chief Minister, Municipal Commissioners of Mumbai, Thane & Navi Mumbai, and many others.

Copy of this letter was endorsed to 55 top builders, who are office-bearers of Maharashtra Chamber of Housing Industry (MCHI) and Builders Association of Navi Mumbai (BANM). Many of them are surely part of the inner circle that knows who killed Premnath Jha (or Premkant Jha, as per some newspapers), and also who attacked other RTI activists last year. More importantly, these 55 persons have an intimate knowledge and experience of how the rules and laws are being bent and corroded to further the interests of the builder community.

In the letter, we have urged the Chief minister and others to take cognizance of the special place of this circle of insiders in the scheme of things. They are morally responsible for a lot of wrongdoings. READ OUR LETTER BELOW, ALONG WITH THE LIST OF SIGNATORIES.

The ADDRESS LIST will be useful to anybody wishing to undertake a similar letter-writing exercise: http://tinyurl.com/68-addresses-incl-Big-Builders

My dear colleague G R Vora couriered this letter to six addresses today, and dispatched it by post to the remaining addresses 62. See courier receipt: http://tinyurl.com/Courier-Receipt-Letr-2-CM-Prem

(Thank you GRV for your hard work and generosity.)

Warm Regards,

Krish

9821588114

thebravepedestrian@gmail.com

COPY OF LETTER SENT

29 February, 2012

Shri Prithviraj Chavan,

Chief Minister of Maharashtra,

Mantralaya, 6th Floor, Madame Cama Road,

Mumbai 400032

Premnath Jha murder:

Investigate Maharashtra Chamber of Housing Industry & Mantralaya Officials;

Create Watch-List of Unscrupulous Builders to Safeguard Civil Society

Sir,

Premnath Jha had sought details of several construction projects in the Vasai-Virar area; he was shot dead on February 24. The connection is plainly visible. Please take action based on this.

Sir, we frequently hear in private conversations with builders that all difficulties can be “managed” at Mantralaya, and project clearances can be obtained despite severe shortcomings. Civil society is paying the price for the administration’s leniency, and many RTI activists are losing their lives trying to expose the nexus between builders and state officials.

TO CURB THIS:

1) INVESTIGATE MAHARASHTRA CHAMBER OF HOUSING INDUSTRY (MCHI) and other bodies like Builders’ Association of Navi Mumbai (BANM). MCHI and other bodies are intimately aware of illegalities and criminal offenses being carried out by their members, along with friendly non-members abetting them. They facilitate and protect such builders, act as a respectable front for them before the government and media, lobby for loosening of rules and laws, and engage in expensive PR exercises to whitewash their image. Such associations conveniently ignore issues that should deeply concern them, such as the most recent murder of Premnath Jha, the assault on Yashwant Gavand and Santosh Daundkar in Jan-Feb 2011, and police harassment of Kamlakar Shenoy in July 2011. MCHI, BANM and other associations pretend to be unaware of blatant illegalities of their leading members Niranjan Hiranandani in Powai, Sukhraj B Nahar in Chandivali, Ramakant Jadhav (Shivalik Ventures) in Golibar and Bhupendra Shah (Bhumiraj Constructions) on Palm Beach Road. Please recognize MCHI and BANM’s pivotal role in such matters, and instruct police teams investigating Premnath Jha’s murder and other crimes to question their members. Also, check the spectacular growth of the personal assets of leading MCHI and BANM members, and their close family members.

2) PURGE CORRUPT OFFICIALS. Mantralaya and municipal corporations are sheltered places, as police investigating teams rarely go there. This must change, because all builders collaborate with government officials to commit irregularities and crimes. Scrutinize these key officials, and sack them if complicity is revealed:

• Executive Engineer, Building Proposal, MCGM and other municipal corporations

• Deputy Chief Engineer, Building Proposal

• Director, Engineering Services & Projects (Municipal Corporation)

• Senior Police Inspectors (who turn a blind eye to illegal construction & criminal activities following ‘orders from above’)

• District Collectors & Additional Collectors (Encroachment Removal)

• CIDCO’s Planning Department & Controller of Unauthorized Constructions

• Metropolitan Commissioner, MMRDA

• Secretaries of Urban Development and Revenue Department

Firstly, let vigilance officers examine suspicious decisions and unusual asset growth of persons who have held the above-mentioned posts in the last 10 years. Secondly, in connection with Premnath Jha’s murder and other crimes, please direct the police to interrogate these people. Both kinds of searches will surely reveal witnesses, evidence, important leads for cracking the case, and also, the hands of powerful politicians sheltering the builders.

3) CREATE A STATE GOVT PANEL ENABLING RTI ACTIVISTS TO DEPOSE & SUBMIT INCRIMINATING DOCUMENTS against builders and their henchmen. Based on such prima facie evidence, create a watch-list of builders suspected of rampant illegalities, criminal activities and tax evasion. Ban the builders on this watch-list. Also, make them the prime suspects whenever someone like Premnath Jha is killed or assaulted.

4) CALL 5-YEAR MORATORIUM ON NEW PROJECT APPROVALS and step in to strictly regulate this runaway industry. Otherwise, a huge housing bubble is growing alarmingly; and when this bubble bursts, prices will crash, triggering mass defaults of housing loans, banking failure and contagion to other sectors. From 2005 to 2012, property prices in MMR doubled, even as inventory of one lakh flats accumulated. It will take about four years to clear this unsold stock. The monopolistic cartel of builders, financiers and estate agent is corrupting the administration, destroying market mechanisms and artificially hiking prices. It is playing pass-the-parcel, forcing investors and banks to carry its business risks. When the music stops, there will be crushing losses all around, widespread business closures and unimaginable suffering to our families. The common man will be left pointing fingers at the government for its failure to foresee this disaster.

Sir, step in decisively to stop these dangerous games. Protect the lives of common people and the economy of Maharashtra. The killing of RTI activist Premnath Jha is an alarm bell, signaling an extremely dangerous conspiracy that is not only anti-people, but also anti-state. Please don’t ignore this alarm bell.

Yours Sincerely,

G R Vora,

E-mail : grvora1@gmail.com

Plot - 275 / 3, Gope Nivas, Dr B A Road, Sion E, Mumbai – 400022.

Cell : 09869195785.

Plus 50 Signatories:

1. Krishnaraj Rao, Borivali East, Mumbai, Journalist, Cell: 9821588114 thebravepedestrian@gmail.com

2. Mohammed Afzal, Human Rights activist, Andheri, Mumbai, Cell: 9820490435 mohdafzal1963@gmail.com

3. Dolphy Dsouza – Cell: 9820226227, Santacruz E, Mumbai Businessman personnelpeople@gmail.com

4. Jaynish Shah, Mumbai, Cell: 09324365226 jaynish_ash@hotmail.com

5. Col. (Retd) N Thiagarajan, Vikhroli, Mumbai – 79, Retired, Cell : 09920541864 mat.thiagrajan@gmail.com

6. Ketan D Maniar, Santacruz W, Mumbai 54, Businessman, Cell: 09821034547, ketanmaniar@gmail.com

7. Pearl Goswami, Bandra W Retired Air-India Executive, Cell: 09892310000, pearlngoswami@gmail.com

8. Ashok S Rathod, Ghatkopar E, Mumbai, Cell: 09821741445, ashok.s.rathod@gmail.com

9. C. Ravindranath, Vidyanagar, Pune – 32 Cell : 09422314642 ravindranath05@gmail.com

10. Jeetendra Ghadge, Mumbai, Activist, Cell : 09773119544, dream.jeet@gmail.com.

11. Ainee Nizami, Goregaon, Mumbai, Cell : 09769226967, Journalist aineenizami@gmail.com

12. Advo. Rina Kamath, Colaba, Mumbai, Cell : 09820235034, Legal Practioner, rinakamath@gmail.com.

13. Utsal Karani, Activist, Hon. Secy. Janhit Manch, Juhu Scheme, Cell : 09324991030, janhitmanch@gmail.com

14. Advo. Vinod Sampat, Legal Practitioner, Ghatkopar, Mumbai, vinodsampat@gmail.com.

15. Kanwarjit Singh, Retired, Juhu, Mumbai, Cell : 09833062713, chhachhi@gmail.com.

16. Suresh Merani, Self employed, Bandra W, Mumbai 50, Cell : 09870012054, rannkar@rediffmail.com.

17. Kishore samtani, Chembur, Mumbai 74, Retired, Cell : 09833517514, samtani.kishore@gmail.com

18. Melroy Fernandes, Naigaon W, Vasai, Master Mariner (F.G.), Activist, Cell: 09869378109. melroy70@yahoo.co.in

19. Dr. Emmanuel D’Silva, Mahim, Mumbai, Retired, Cell : 09930537002, ehdsilva@yahoo.com.

20. Vivek Mhatre, Nallasopara E, Thane. Civil Engineer, Cell : 07208853593, vivekmhatre10@gmail.com,

21. Dr Y T Oke, Retd. Cons. Paediatrician, Sahar, Mumbai 99, Ph 022-28230286, yeshwantoke@yahoo.com.

22. Dr Avisha Kulkarni, National Convenor – Deshbhakti Andolan, Goregaon, deshbhaktiandolan@gmail.com.

23. S Balakrishnan, Secretary General – Deshbhakti Andolan, Chembur, Mumbai deshbhaktiandolan@gmail.com.

24. Anand Desai, Psychologist, Cell : 09820602715, Andheri W, Mumbai, a_y_desai@hotmail.com.

25. Kisan Mehta, Chembur Mumbai 74, Senior environmentalist, Cell : 09223448857, kisansbc@gmail.com

26. Ms Priya Salvi, Chembur, Mumbai, Senior environmentalist, Cell : 09324027494 www.savebombaycommittee.org

27. Kanu Kamdar, Senior activist, Mumbai, Cell : 9821999401, www.savebombaycommittee.org

28. Niraj Mehta, Activist, Chembur, Mumbai, Cell : 09167474289, www.savebombaycommittee.org

29. Clarence Pinto, Santacruz, Mumbai, Activist, Cell : 09869649138, clarencepi@gmail.com.

30. Rajiv P Patel, Santacruz, Mumbai, Activist, Cell: 09833733365, rpatel.fffie@gmail.com.

31. Manu M Pillai, Student RTI Activist, Dombivali E, Pin-421204, iacmanupillai@gmail.com.

32. Mazhar Vahanvaty, Bandra W, Mumbai – 50, Businessman, 09821818299, mehhv11052@gmail.com.

33. Dr D N Verma, Vashi, Navi Mumbai, Retired, Cell : 09869485455, dnvermau@gmail.com

34. H B Charna, A concerned citizen, Mumbai, h.charna@growel.com.

35. Samir Pradhan, RTI activist, Thane, Cell: 09004593784, rtisamir@gmail.com.

36. Cynthia Fernandes, Bandra W, Mumbai 50, Activist, Cell : 09867075044 cynthiaqueenie@hotmail.com.

37. Navin H Pandya, Malad, Mumbai, Senior activist, proactive-democracy@hotmail.com.

38. Vasant patil, Kandivali E, Mumbai – 400101, Engineering Consultant, serve611@gmail.com.

39. Milind Kotak, Dadar, Mumbai, Activist, Cell : 09820643510, featindia@gmail.com

40. Binoy J Vallarian, Borivali, Mumbai, Service, Cell : 09029004050, binoy47@hotmail.com.

41. Manohar Sabnis, Advisor, Ghatkopar, Mumbai, Cell: 09819016816, manohar8888@yahoo.co.in

42. Manish Modi, Vile Parle, Mumbai, Businessman, Cell: 09821438180, mmodi68@gmail.com

43. Rajendra J Thacker, Borivali West, Businessman, Cell: 09224427969, rjthacker57@gmail.com

44. Smita R Gaglani, A concerned citizen, Khar West, Mumbai, Cell : 0914651897, smitag61@gmail.com

45. Prashant Uikey, Mulund, Mumbai, Service, Cell: 09821936000, prashant.vikey@gmail.com

46. Subhash Baswekar, Pune, RTI activist, Cell : 9223516920, mediamansubhash@gmail.com

47. Reggie Dias, Santa-Cruz (E), Mumbai, reggiepeterdias@gmail.com, 9869384304

48. Chinmayi Mehta, Bandra West, Mumbai, Business chinmayim@gmail.com

49. Bhushan Pandurang Malgaonkar, Wadala, Advocate, 9820866206 malgaonkarbhushanp@gmail.com

50. Rajeev Krishnan, Hanuman Nagar Kalyan (E), Self-Employed kw.rajeev@gmail.com

Copies endorsed to:

1. Prime Minister Dr Manmohan Singh

2. UPA Chairperson Sonia Gandhi

3. Home Minister of Maharashtra R R Patil

4. Director General of Police, Maharashtra

5. Principal Secretary, Urban Development Deptt, Mantralaya,

6. Principal Secretary, Revenue Department, Mantralaya

7. Mumbai Municipal Commissioner Subodh Kumar

8. Thane Municipal Commissioner R A Rajeev

9. Navi Mumbai Municipal Commissioner Vijay Shantilal Nahata

10. CIDCO Chairman Pramod Hindurao

11. MMRDA Metropolitan Commissioner Rahul Asthana

12. 41 office bearers of Maharashtra Chamber of Housing Industry (MCHI)

13. 15 office bearers of Builders Association of Navi Mumbai (BANM)

Full list of MCHI & BANM office-bearers are below.

Maharashtra
Chamber of Housing Industry (MCHI)

President	1. Paras Gundecha, Gundecha Group Maker Bhavan – II, 4^th Floor, 18, V. Thackersey Marg, New Marine Lines, Mumbai – 400020.
Immediate Past President	Sunil Mantri, Sunil Mantri Realty Ltd., Sunil Mantri Realty Ltd., GA-1, Court Chambers 35, New Marine Lines, Mumbai – 400020
President-elect	Vimal Shah, Hubtown Solaris, N. S. Phadke Marg, Near Hotel Regency, Andheri (East), Mumbai 400069
Vice Presidents	Dharmesh Jain, Nirmal Lifestyle Ltd, Nirmal Lifestyle Mall, 3rd Floor, Multiplex Building, L.B.S. Marg, Opp. Nirmal Nagar, Mulund (W), Mumbai 80. Mayur Shah Builders & Developers, Shop no 4, Aalap apartments, Shantilal Modi Road, Kandivali West, Mumbai 67 Nayan Shah, Neptune House, Karma Stambh Building, 3rd Floor, Opposite MTNL Office, L.B.S. Marg, Vikhroli (West), Mumbai 400 083 Deepak Goradia, Dosti Group, Lawrence & Mayo House, First Floor, 276, D.N. Road, Fort, Mumbai - 400 001
Hon. Secretary	8. Boman Irani – President (MCHI Mira Virar City Unit), Maker Bhavan – II, 4^th Floor, 18, V. Thackersey Marg, New Marine Lines, Mumbai – 400020.
Hon. Joint Secretaries	Rasesh Kanakia, Kanakia Spaces Private Ltd, 215 Atrium 10^th floor, Next to Courtyard by Marriot Hotel, Opposite Divine Child High School, Andheri-Kurla Road, Andheri East, Mumbai 400059 10. Harish Patel, RB House, Off Andheri-Kurla Road, MIDC Crossroad ‘B’, JB Nagar, Andheri East, Mumbai 400059. Nainesh Shah – President (MCHI Thane Unit), Everest Developers Pvt Ltd, 5th floor, Muchchala Polytecnic, Anandnagar, Ghodbunder Road, Thane West, Mumbai 400601
Treasurer	Ashok Mohanani, Ekta World, 401, Hallmark business plaza, off western express highway, Near Bandra Kurla complex, Kalanagar, Bandra - East, Mumbai - 51
Jt. Treasurers	Mukesh Patel, Neelkanth Group, Fine House, 5th Floor, Anandji Lane, Next to Bhaveshwar Market, M.G. Rd. Ghatkopar (E), Mumbai-400 077 L. P. Bhagtani, Model Town Chs, Gulmohar Cross Road, Juhu,400049.
Co-ordinators	Sukhraj Nahar, Nahar Enterprises, Mahalaxmi Chambers, 22 Bhulabhai Desai Road, Mumbai - 400 026 Pujit Aggarwal, Orbit Corporation, The View, 165 Dr. Annie Besant Road, Worli, Mumbai 400018 Sandeep Runwal, Runwal & Omkar Esquare, 5th Floor, Eastern Express Highway, Sion (East), Mumbai - 400022
Committee Members	Sandeep Raheja, K. Raheja Constructions, Construction House B, 623 Linking Road, Opp Khar Telephone Exchange, Mumbai 400 052 Bandish Ajmera (President - MCHI Kalyan-Dombivli Unit), Ajmera Realty & Infra India Ltd, 2nd floor, Citi Mall, Link Road, Andheri West, Mumbai 400053 Sujal Shroff Vanguard Realty Pvt Ltd, 4th Floor Dhiraj Chambers, 9 Hazarimal Somani Marg, Mumbai 400 001 Parag Munot, Kalpataru Ltd, 101, Kalpataru Synergy, Opp. Grand Hyatt, Santacruz (E), Mumbai 400 055 Rajan Bandelkar Laxmi Narayan Residency, Unnathi Gardens III, Opp. Ma Niketan, Pokharan Road No.2, Thane(W) - 400610 Vikas Walawalkar, 207, Land Mark Centre, Opposite City Pride Cinema, Pune-Satara Road, Pune Jayesh Shah Shree Naman Group, Naman Centre, C-31 Bandra Kurla Complex, Bandra (E), Mumbai 400051 Nayan Bheda Neptune Group Neptune House Karma Stambh, Opp MTNL Office, LBS Marg, Vikhroli West, Mumbai 4000083 Sanjay Chhabria Wadhwa Group, 3rd Floor, Platina Plot No. - C - 59, Bandra Kurla Complex, Bandra East, Mumbai – 400051 Rajendra Chaturvedi Shreepati Group, 401/501/601 Shreepati Arcade, August Kranti Marg, Mumbai-400036
Invitee Member	Mukesh Mehta MM Project Consultants Pvt Ltd, 196 Turner Road, Opp. HP Petrol Pump, Bandra West, Mumbai 400 050 Rakesh Sanghvi Sanghvi Group Of Companies, Sanjana Mansion, Dr. B. A. Road Byculla (E) Mumbai - 400 027 Jagdish Ahuja, Ahuja Group 199 V N Sphere, 3rd Floor, Opp. Shoppers Stop, Linking Road, Bandra(West), Mumbai – 400050 Ajay Ashar (Secretary – MCHI Thane Unit), Ashar IT Park \| Site - Sales Office, Jayshri Baug, Road No. 16 Z, opp. Agriculture Stop, Wagle industrial Estate, Thane - 400 604 Shrikant Shitole (Secretary – Kalyan-Dombivli Unit), Milestone Group, Spring Avenue Club House Road Opp KDMC B-Ward Office, Khadakpada Kalyan (West) 421301 Shailesh Sanghvi (Secretary – Mira Virar City Unit), Sanghvi Group Of Companies, Sanjana Mansion, Dr BA Road Byculla(E), Mumbai - 400 027 Rajesh Prajapati (President – Raigad Unit), Prajapati Construction Ltd. 405 - 407, Persipolis, Sector 17, Plot No. 74, Vashi, Navi Mumbai - 400 703 Suresh Haware (President – Navi Mumbai Unit), Haware Engineers & Builders Pvt Ltd 413 - 416, Vardhaman Market, Sec-17, Vashi, Navi Mumbai
Past Presidents	Pravin Doshi Acme Group of Companies, 19, Acme Ghar, Off V M Road, Behind Rasraj Restaurant, K D Road, Vile Parle West, Mumbai - 400056 Mohan Deshmukh Deshmukh Builders Pvt Ltd. 209 Udyog Bhavan, Sonawala Road, Goregaon (E), Mumbai – 400063 Mofatraj Munot, Kalpataru Ltd, 101, Kalpataru Synergy, Opp. Grand Hyatt, Santacruz (E), Mumbai 400055 Niranjan Hiranandani Hiranandani Developers Pvt. Ltd., Olympia, Central Avenue Hiranandani Gardens, Powai, Mumbai - 400 076 Rajni S. Ajmera Ajmera Realty & Infra India Ltd 2nd floor, Citi Mall, Link Road, Andheri West, Mumbai 400053 G. L. Raheja, K Raheja Group Construction House ‘B’, 2nd flr. Opp. Khar Telephone Exchange, 623,Linking Road, Khar, Mumbai 052

Builders
Association of Navi Mumbai (BANM)

President	1. M C Sunny – National Builders (President BANM) 308-309, Presipolis Premisis Socy., Plot 74, Sector – 17, Vashi, Navi Mumbai.
Senior Vice President	Bhachubhai Patel Akshar Group, 225, Second floor, Big Splash, Plot No. 78 & 79, Sector 17, Vashi, Navi Mumbai- 400 705
Vice President	Manish Bathija Paradise Group, B/7, Ankur CHS Ltd, Opp.IIT, MainGate, Behind Municipal School, Powai, Mumbai 400076
Secretary	Devang Trivedi Progressive Home 707,Devavrata, Sector-17, Next to HDFC Bldg, Vashi, 400 703, Navi Mumbai
Joint Secy	Dharmendra Karia Choice Group, 117-118, Central Facility Build. No.1, A.P.M.C, Sect- 19, Masala Market,Vashi, Navi Mumbai.
Treasurer	Hemant Lakhani Classic Group, 211, Nirman Vyapar Kendra, Sector -17, Vashi, Navi Mumbai
Jt. Treasurer	Nemchand Chheda Chheda Group, C-4, Big Splash, Sector-17,Vashi, Navi Mumbai 400 705
Committee Members	Abdul Rahim Khatri Crescent Construction Co, 527, Arenja Arcade, Sector-17, Vashi, Navi Mumbai E. V. Thomas, EV Homes 212, Vardhaman Chambers, A -wing , Sector -17, Vashi, Navi Mumbai 400703 Jayant Parikh, JP Builders, 227 Shiv centre, Sector-17, Above Hotel Vishwajyoti, Vashi, Navi Mumbai Mukesh Mathukiya Devkrupa Enterprises, Dev Darshan Complex, Shop no.4, Plot no.23, Sector-19, Kharghar, 410210, Navi Mumbai Govind Patel, Mahi Developers, c/o 1 Ashish Entartaiments, C-2-1,Room no - 01, Sect- 2, Opp- Abbott Hotel, Vashi, Navi Mumbai Rasik Chauhan, Bhoomi Homes Pvt Ltd. 26/ 1st floor, Cristal plaza, Hiranadani Complex, Sect- 7, Kharghar , Navi Mumbai Vasant Bhadra, Shirawala Estate Developers, K-49, Phase-2, APMC Market, Sector-19, Vashi, 400703, Navi Mumbai Haresh Chheda Shah & Chheda Group Shop No. 4, Mahavir Ornate, Plot No. 13 / B, Sector - 11, Koparkhirane, 400709, Navi Mumbai

Posted in Activism, Governance & Administration, Politics, RTI Act 2005, Right to Information, Whistleblowers.

Tagged with 1. Paras Gundecha, 2. Sunil Mantri, babus, BANM, Builder lobby, builder mafia, Builders Association of Navi Mumbai (BANM), Builders’ Association of Navi Mumbai, bureaucrats, Chief Minister of Maharashtra, CIDCO, Corrupt, Corruption, Developers, Govt of Maharashtra, Gundecha Group, Hiranandani Akruti developers, Kamlakar Shenoy, Maharashtra Chamber of Housing Industry, Maharashtra Chamber of Housing Industry (MCHI), Maharashtra Government, Mantralaya, MCGM, MCHI, MMRDA, MMRDA Metropolitan Commissioner Rahul Asthana, Mumbai Municipal Commissioner Subodh Kumar, Navi Mumbai, nexus between builders and state officials, Premkant, Premkant Jha, Premnath, Premnath Jha, Prithviraj Chavan, redevelopers, RTI Activists, Santosh Daundkar, Sukhraj B Nahar, Sunil Mantri Realty Ltd., Yashwant Gavand.

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By Krishnaraj Rao – February 29, 2012

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How RTI Activists & Whistleblowers can sharpen their own teeth

Prithviraj Chavan has No Faith in RTI Activists & Civil Society

Adarsh scam: Ratnakar Gaikwad ki kameez itni safed kaise?

Inspiring: Arvind Kejriwal’s reply (Hindi & English) to Rajya Sabha Privilege Notice for “Insult to Parliament”

Breaking news: MAHARASHTRA RTI RULES STEALTHILY AMENDED IN JAN 2012!

RTI reveals: AAI officials put Kingfisher’s fishy cheques on hold for 6 months, cheating Govt of revenue

Beware! Agreement of Nahar Amrit Shakti (Chandivali) is a Trap

Premnath Jha killing – Petition to CM, Muni Commrs, Top Cops etc. SENT TODAY with 50 signatures

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