When High Court Judges usurp land meant for the homeless, where do the homeless seek justice?


Faiza Khan, Khar East Andolan

Posted on May 6, 2012

When you ask about the court cases in Golibar now, the residents will wrly reply with the famous Hindi film dailogue. “Tareek pe tareek! Tareek pe tareek! “. The hearing on this Monday, the 7th of May, will be 20 months since the Golibar criminal case has been in the Mumbai High Court. In 2009, builder Shivalik Ventures had faked signatures of residents of Ganesh Krupa Society (GKS) in Golibar to claim the 70% consent it needed to redevelop the Golibar slum. On that list of signatories was Sulochana Pawar who had died four years before she allegedly gave her consent. Going by the rules of the SRA, this should have, at the very least, led to the ouster of Shivalik Ventures from this redevelopment project.

Instead, the then Slum Rehabilitation Authority(SRA) chief, Mr. S. Zende (remember this name, it’ll come up again later!) asks the residents of GKS to settle for a compromise. The police had been even more nonchalant and refused to investigate the case until the Court directed them to do so. Once on it, they were so baffled by this seemingly obvious case of fraud that for 20 months, they’ve been seeking extension after extension to complete their investigation. The Court has been very obliging. Meanwhile MHADA’s demolition squads, with police protection continue to break people’s homes.

So the government is clearly not on their side, specially after it backtracked on the GRs last year. The police never was. Their only hope of any justice was in the Courts. Until the Nyay Sagar scam came to light.

Akankhsha tai and other women from Ganesh Krupa are huddled around a copy of Janta ka Aaina, a community newspaper. They burst into cackling laughter. “Yeh toh apna Chandrachud hai!“(This is our Chandrachud!). Apna Chandrachud is Justice Chandrachud of the Mumbai High Court who has been hearing the matter of the Golibar GR case in the High Court. Now he’s on the frontpage, accused in a major land scam, along with Justice Khanvilkar who is hearing the Golibar criminal case (of the forged signatures). There are 13 other Judges and ex-Judges accused.
Nyay Sagar and Siddhant are two multi-storeyed buildings built on a plot of government land that was reserved for the homeless. The judges of the High Court led by then Justice Rebello (now Chief Justice of the Allahabad High Court) formed Nyay Sagar Co-operative Housing Society in 2001 and in collusion with Vilasrao Deshmukh  de-reserved all but 10% of this land and appropriated it for themselves. This change in the Development Plan of this plot, Survey No 341 (Part) CTS No 629 from being reserved for the homless to Residential was facilitated by some very senior bureaucrats, including Mr. Zende (the SRA chief who asked residents of GKS to settle for a compromise). What is shocking though is that the land was handed over to Nyay Sagar CHS much before it was de-reserved.

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Even the de-reserving was a sham. Once it is decided that the reservation of a piece of land is to be changed, there is a notification which is open to the public for 30 days in case they have objections. This notification was made public on 16.6.2004 but just six days later, on 22.6.2004 ,the status of the land was modified. The Ghar Bachao Ghar Banao Andolan has filed a complaint with the Anti Corruption Bureau asking them to file an FIR.

Akanksha tai laughs when she reads the buildings are called Nyay Sagar (meaning Ocean of Justice) and Siddhanth (Principles). But then she asks soberly, “Now where are we to seek justice?”

THE WALL OF SHAME

THE ACCUSED IN THE CASE
1. Shri Vilas Rao Deshmukh, the then Chief Minister,
2. Shri Sangeetrao, the then Collector Mumbai Suburb,
3. Shri SS Zende, the then later Collector Mumbai Suburb,
4. Shri RC Joshi, Principal Secretary, Department of Revenue,
5. Shri Ramanand Tiwari, the then P. Secretary UDD,
6. Other Unknown Govt. Official/s.
7. Justice V C Daga,
8. Justice A M Khanwilkar,
9. Justice B R Gavai,
10. Justice S M Ghodeshwar,
11. Justice S Radhakrishnan,
12. Justice S A Bobde,
13. Justice P V Kakade,
14. Justice R Lodha,
15. Justice G D Patil,
16. Justice F I Rebello,
17. Justice D K Deshmukh,
18. Justice D B Bhosale,
19. Justice D G Karnik,
20. Justice J P Devdhar,
21. Justice DY Chandrachud


A letter from Justice Rebello to ex-CM Vilasrao Deshmukh misusing his official letterhead for a non-official matter
More documents will be made public soon.

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Immediate Release-Complaint for FIR filed at ACB against Vilasrao Deshmukh & High Court Judges


Vilasrao Deshmukh

Vilasrao Deshmukh (Photo credit: Wikipedia)

· Vilasrao does it again, another day, another scam.
· Land meant for housing the dishoused grabbed by the Judges of Bombay High Court.
· Complaint filed for registration of FIR against politician, bureaucrats & judges.

In another case of brazen nexus of the politicians and bureaucrats, it has come forth that the present day Cabinet Minister, Shri Vilasrao Deshmukh in his capacity of Chief Minister, Maharashtra in connivance of Shri CS Sangeetrao-then Collector-Mumbai , Shri SS Zende- the then Collector Mumbai Suburban, Shri RC Joshi-Principal Secretary Dept of Revenue & Forest, Shri Ramanand Tiwari- Principal Secretary Urban Development Department entered into a criminal conspiracy to grab over land that was reserved as Housing of the Dishoused at Bandra. What is more shocking is the fact that this was done to benefit the NyaySagar CHS that had judges of Bombay High Court as its members.

A complaint demanding registration of FIR under section 120-b read with section 13(1)(d) of the Prevention of Corruption Act, 1988 is being filed with the office of Director-Anti Corruption Bureau against Shri Vilasrao Deshmukh, Shri CS Sangeetrao, Shri SS Zende, Shri RC Joshi, Shri Ramanand Tiwari, Justice Vijay Chaganlalji Daga, Justice Ajay Manikrao Khanwilkar, Justice Gavai, Justice Ghodeshwar, Justice Sundram Radhakrishnan, Justice Sharad Arvind Bobde, Justice Prasankumar Vinayak Kakde, Justice Rajender Lodha, Justice GD Patil, Justice H. E. Rebello, Justice DK Deshmukh, Justice DB Bhosale, Justice DG Karnik, Justice DY Chandrachud.

In the year 2001, serving judges of Bombay High Court came together and formed a CHS by the name of Nyay Sagar CHS and approached Shri Vilasrao Deshmukh for allotment of government land. They identified Survey No 341(Part) CTS No 629 Bandra East, which at that time was reserved for Housing the Dishoused and thus could not be allocated. To bypass this Shri Vilasrao Deshmukh ordered his subordinates, especially Shri CS Sangeetrao-then Collector-Mumbai , Shri SS Zende- the then Collector Mumbai Suburban, Shri RC Joshi-Principal Secretary Dept of Revenue & Forest, Shri Ramanand Tiwari- Principal Secretary Urban Development Department to change the DP reservation so that the land that was meant for the dishoused could be allocated to the Judges for fulfilling their greed as none of them is staying in the flat as all have been given on rent and are earning atleast rupees one lakh per month as rent.

Further, the Letter of Intent was issued to Nyay Sagar CHS, even before a decision was taken to allot the land, the possession of the land was given to the Society on date 26.3.2003, even though the final decision of allotting the said land to the said society was taken much later on 22.6.2004. More shockingly the Notification asking for suggestions and objections on the proposed change in DP reservation from Housing of the Dishoused to Residential zone on date 16 june 2004 and just six days after it i.e on date 22 june 2004 the final allotment of the land was done, though the time for filing suggestions were open for thirty days more.

Thus the process of change of DP reservation was mere an eye wash to fool the public as the decision to allot the same to the judges was taken much earlier. To do all this the Judges met Shri Vilasrao Deshmukh at his residence in the year 2002, decisions were taken at these meetings, they used their official letter head of being High Court Judge though the purpose for which they were writing was totally personnel, thus it was inappropriate and abuse of official power on the part of the judges.

The allotment of land meant for the neediest sections of the society to the most powerful is a clear case where those in power are abusing the power though they are entrusted with the authority for the greater common good. On one hand the slum dwellers in Mumbai are to face evictions and demolitions, decision regarding which are taken by the very same Ministers, Bureaucrats & Judges who get tighter into a nexus and grab the lands that are rightly meant for them but label the slum dwellers as encroachers and illegal while themselves engaging in acts of encroaching over the rights and lives of the poor.

Simpreet Singh Santosh Thorat Amit Maru Akhilesh

Jameela Hyder Imam Hrishikesh Sawant Siraj

(8976252804)

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