April 3, 2015
The Principal Secretary
Urban Development Department (I)
Government of Maharashtra
Mantralaya
Mumbai-400 032
Sub : Request for directions on the representations/ complaints dated 17.11.2014 of United Human Rights Federation to Municipal Corporation of Greater Mumbai wherein the complainant has sought investigation into irregularities, illegalities and unauthorized construction in the project ‘Palais Royale’ of Shree Ram Urban Infrastructure Ltd, the developer, being constructed at Worli, Mumbai.
Sir,
This is with reference to our representation dated 17.11.2014 to the Municipal Corporation of Greater Mumbai (MCGM) and copy of which is also submitted to the Hon’ble Chief Minister & Urban Development of Maharashtra wherein we have requested to the MCGM to initiate investigation and necessary action against the illegal activities and unauthorized construction being carried out by Shree Ram Urban Infrastructure Ltd (SRUIL) in respect of its project ‘Palais Royale’ coming up at Ganpatrao Kadam Marg, Worli, Mumbai. The copy of the said representation dated 17.11.2014 is attached as Annexure-1 for your kind perusal and ready reference.
We, United Human Rights Federation (UHRF) against the said unauthorized constructions and irregularities have initiated certain action in the matter before various authorities / forums in the recent past. However, in spite of having sufficient evidences on record concerning the frauds and illegalities committed by SRUIL while constructing the said project ‘Palais Royale’, nothing concrete has taken place up till now to prevent the said unauthorized construction and other illegal activities and no action has been initiated by the Commissioner, MCGM under the law, as a result, the interest of public at large is still being affected adversely and the perpetrators of frauds are continue to involve in such activities.
Sir, in these circumstances and in continuation to our earlier representation dated 17.11.2014 please allow us to make our submissions before you as under:
1. The UHRF is a Society registered under the provisions of Societies Registration Act, 1860 and is a non-political and non-sectarian national organization devoted to promote, strengthen and preserve democratic system bereft of favoritism, nepotism and corruption in the country and to protect rights, interest and dignity of common man. Since its formation, UHRF is engaged in taking up various common problems of the people for effective redressal and has been relentlessly engaged in safeguarding public interests.
2. The subject representation / complaint has been submitted to the office of the Hon’ble Urban Development Minister to draw his kind attention towards the unauthorized construction in the project ‘Palais Royale’ of SRUIL. The said project is being constructed in collusion and connivance with several authorities and their officials, cheating the State Government and resulting loss of crores of public money & causing serious threat to life and safety of the innocent investors who have invested their hard earned money in the project, various irregularities and unauthorized construction in the project.
3. Since its registration, UHRF has been doing research for ensuring strict financial discipline in the public and corporate domain and while doing so, we came to know about various illegal financial transactions of Shree Ram Urban Infrastructure Ltd and their directors/officers with various banks/ financial institutions which are very serious criminal offences and therefore, the Complainant/ UHRF submitted a representation dated 18.07.2014 to the Hon’ble President of India and the copy of which was also sent to your good office. Copy of the said representation dated 18.07.2014 to His Excellency, the President of India is attached as Annexure-2 for your ready reference.
4. The UHRF subsequently filed a Public Interest Litigation in the Hon’ble Supreme Court of India being WP (C) No. 915 of 2014 titled as United Human Rights Federation vs. Union of India & Ors. seeking thorough investigation in the matter. The petitioner/ UHRF withdrew the said writ petition and while doing so, the Hon’ble Supreme Court granted permission by its order dated 07.11.2014 by virtue of which said petition was disposed off and UHRF was allowed to approach the appropriate forum by making appropriate application(s)/ representation(s) for appropriate relief(s). Copy of the said order dated 07.11.2014, is attached as Annexure-3.
5. Thereafter, as per the order dated 07.11.2014 of the Hon’ble Supreme Court, we filed complaints to several governmental & supervisory authorities including MCGM, EOW & CBI with a copy to the office of Hon’ble Chief Minister and Urban Development Minister, Govt of Maharashtra against SRUIL and others for frauds, cheating, financial scams and about the various irregularities and unauthorized construction in the project ‘Palais Royale’. The rights and interest of several common men who have purchased space/flat in the said project are at stake as the unauthorized construction is going on unabated and serious irregularities are being surfaced in the project.
6. There are several mammoth illegalities and irregularities in the said Project ‘Palais Royale’ of SRUIL and the description thereof are as under:
(i) The MCGM has sanctioned the plans beyond the provisions of the Development Control Regulations under the garb of the discretionary powers available under Regulation 64(b) of DCR 1991. The powers vested with the Commissioner, MCGM were misused and utilized arbitrarily to grant largesse to the Developer. The Regulation bars Commissioner, MCGM from using the discretion for purposes of FSI. However, to the Complainant’s dismay and disbelief, MCGM has granted concessions which amounts to casting the statute to the winds.
(ii) The company has constructed the Public Parking Lot (PPL) Building under the regulation 33(24) without commencement certificate beyond plinth for full 15 floors under the guise of deeming provisions of the DCR. A careful scrutiny of the matter would reveal that the letters submitted to the MCGM are fabricated and ante dated letters to play the tune of the deeming provisions.
(iii) The developer company SRUIL has flouted conditions of LOI with complete immunity wherein, the PPL was mandated to be handed over to MCGM on ownership basis and it is only then, the incentive FSI was available to be utilized on the Main residential building being constructed. However, though the said mandatory requirements have not been complied with the SRUIL, yet, they have utilized the incentive FSI for main residential building in connivance with the concerned officials of MCGM.
(iv) Without the incentive FSI being accrued, the 13 floors of the Main Residential building commencing from 44th to 56th floors have been constructed without any commencement certificate and FSI. This illegality speaks in volume of taking the statute for granted. Surprisingly, till date, the MCGM is shying away from its responsibility of taking action under the provisions of the MMC Act as well as under the MR&TP Act for the illegal construction of 13 floors beyond sanctioned 43 floors. It is learnt that there is no restraining orders from any courts preventing MCGM from taking stringent action against the project and the accused.
(v) It is regretted to say that the MCGM in their generosity has also granted refuge areas, fire escape passages, huge passages, decks, huge flower beds, etc. free of FSI to the developer SRUIL who has brazenly merged these areas in the respective flats and sold them to the flat buyers at astronomical prices.
(vi) The company SRUIL and its concerned directors/ officers in active connivance with the MCGM, have taken advantage of the FSI of the area under road widening whilst the compensation for this area is granted to the company in the past as per the MCGM/ULC records. There is absolutely an FSI fraud and in the process, records and documentary evidence have been manipulated, fabricated and doctored and the same have been used for the purpose of committing this FSI fraud.
(vii) The rights and interest of several flat buyers in the said ‘Palais Royale’ are at stake as the unauthorized construction is going on unabated and high irregularities continue in the said project.
(viii) Despite the knowledge of illegal acts and irregularities in the said project of SRUIL, the MCGM is not taking any effective action or putting a “stop” to the unauthorized construction of ‘Palais Royale’ in spite of their issuance of stop work/ demolition notice to the company. It seems that BMC/ MCGM is working hand in glove with the SRUIL and its directors/ officers.
7. The Complainant /UHRF states that the project “Palais Royale” of SRUIL is full of illegalities & irregularities and is being constructed in connivance of the directors/officers of the company and the BMC/ MCGM and its concerned officials and in the process, innocent purchasers of the said project are being cheated and defrauded and it is going to be another incident like Campa Cola compound itself of Mumbai. The rights and interest of several common men who have purchased space in the said ‘Palais Royale’ project, are at stake as the unauthorized construction is going on unabated and high irregularities are being surfaced in the project. Copies of some news reports dated 22.08.2012, 01.11.2012, 17.09.2013, 23.09.2013 & 17.07.2014 concerning the said ‘Palais Royale’, are attached Annexure-4 (Colly).
8. The UHRF has learnt that the BMC before the Hon’ble High Court of Bombay has stated and admitted that its officers had granted permission for refuge area of about 97% of FSI which is much more than the permissible norms. The BMC had to initiate an inquiry against the Chief Fire Officer who recommended huge refuge area in every floor. Further, the MCGM has taken a stand before the Hon’ble Supreme Court of India that the construction of 13 floors beyond 43 floors of the said ‘Palais Royale’, are without any accrual of FSI and are without commencement certificate and is grossly illegal and necessitates demolition.
9. The MCGM in the past had issued ‘Stop Work’ Notices to the Developers/ SRUIL on 16.07.2011 which was withdrawn by MCGM on 11.11.2011, however, again issued on 14.12.2011. On 29.11.2011 notice U/s. 51 MR&TP Act was also issued to the Developer calling upon them as to why the Commencement Certificate issued by BMC be not cancelled /revoked. The MCGM also issued demolition order dated 19.12.2011 to remove/ demolish the structure/ building which was carried out beyond the plan approved. Moreover, despite of having stay on selling the flats/space in the said project, the developers company is selling the flats in the projects and that too in on exorbitant prices even upto Rs. 100 crores per unit.
10. The aforementioned scam being perpetrated by SRUIL and others is not limited to MCGM, but also reaches to the doors of public financial institutions and the perpetrators of this fraud are benefitting by way of siphoning off enormous amounts of public money. They have availed massive loans and credit facilities from the Banks/ NBFCs for the development of the land and construction of its project ‘Palais Royale’. The said loan/financial assistances are running into several hundred crores and has been availed by the company and its officials in collusion and connivance with the concerned officials of various nationalized banks and NBFCs. The total borrowing of SRUIL at present from government Banks/ NBFCs stand at approx. Rs.1,316 crores. The developer company has no intention to refund the public money of the Banks/FIs.
11. The rights and interest of several flat purchasers who have purchased space in the project, are at stake due to the illegalities & irregularities of BMC/MCGM being committed by them in connivance with the officials of the corporation and other local civic agencies. Ultimately, it is the flat owners/purchasers who fall prey to such wrong and illegal activities of the developer company. In the wake of Campa Cola Compound Case also in Mumbai, the Hon’ble Supreme Court had held the construction of buildings at the compound as illegal and ordered demolition of such flats and apartments. The Complainant /UHRF therefore, believes that in view of the law laid down by the Apex Court in the matter of Campa Cola, it is the end users who would suffer the repercussions of such illegal acts done by the developer. The company SRUIL, its officials and MCGM by their aforesaid acts of omission and commissions have left the Flats buyers in pity state and dark future.
12. The UHRF, apart from the complaint dated 17.11.2014 as mentioned hereinabove, had made several representations before the MCGM vide letters dated 22.05.2014, 29.05.2014, 06.06.2014 requesting for immediate actions against SRUIL for doing unauthorized and illegal construction of their Project ‘Palais Royale’. Copy of the said letters dated 22.05.2014, 29.05.2014 & 06.06.2014, are attached as Annexure-5 (Colly). However, in spite of repeated representations to MCGM, the Corporation has deliberately refrained from taking any actions against the developer SRUIL and others but has also granted illegitimate benefits to them. UHRF has diligently followed up with the various authorities including MCGM and also filed RTI application with the PIO, MCGM on 16.12.2014 however, the MCGM gave a vague reply to the said RTI application. MCGM merely asked the UHRF to inspect the file so that no written documentary evidence of their inaction is created in form of reply to the RTI.
13. Since the UHRF filed several RTI applications and after repeated follow ups able to receive/ get voluminous files, documents being 9 files of EB/987/GS/A (1436 pages) and 4 files of EB/2572/GS/AL (1705 pages) pertaining who to the project ‘Palais Royale’. UHRF appointed Mr. Abhijit Sawant (of M/s. Dimensions Architects), architect to get an opinion on the same and he after thorough examination of the said documents submitted his report dated 11.02.2015 and highlighted several additional illegalities and irregularities in the project. Copy of the said report dated 11.02.2015 attached as Annexure-6.
14. The UHRF also on 22.11.2014 made a complaint to the Addl. Commissioner (EOW), Mumbai against the Accused therein for fraud, cheating and financial scams and various other irregularities and unauthorized construction in the project of the developer company. Similarly, we have filed a complaint dated 28.11.2014 with the Director, Central Bureau of Investigation against 15 persons / companies of S.Kumars Group of Companies, their directors, and officials of 20 Banks and Financial Institutes for frauds, cheating & financial scams of Rs. 40,000 crores in connivance with officials of various Banks & FIs. Copy of the said complaint dated 22.11.2014 and 28.11.2014, are attached as Annexure-7 & 8. The said complaint of UHRF is against the SRUIL and its director and its architects, contractors and officers of MCGM who have supported the frauds, cheating and financial scams of more than Rs. 1316 crores and about the various irregularities and unauthorized construction in the project ‘Palais Royale’ of developer company.
15. When no action was taken on the complaint dated 22.11.2014 by EOW, the UHRF was constrained to file an RTI Application with the office of EOW, Mumbai. In response to the said application, UHRF received copy of a letter from EOW stating that they had forwarded the same to the Addl. Commissioner of Police, Anti Corruption Bureau (ACB), Worli, Mumbai vide letter dated 06.12.2014 along with our complaint dated 22.11.2014. The UHRF has also received a copy of letter dated 13.02.2015 written by ACB to the MCGM wherein the Anti Corruption Bureau has admitted that they have received the complaint but have not started investigation so far and have sought permission for the same from the Commissioner, MCGM. Copy of the said letter dated 13.02.2015 of ACB, is attached as Annexure-9.
16. Sir, the office of the Hon’ble Chief Minister through Mr. R.M. Pardeshi, Officer, Government of Maharashtra has sent a letter dated 01.01.2015 along with the complaint filed to the MCGM directing them to act in furtherance to the order dated 07.11.2014 of the Hon’ble Supreme Court of India. The Office of the Hon’ble Chief Minister forwarded the said letter dated 01.01.2015 of Mr. R.M. Pardeshi along with the file to the Law Department, MCGM. Copy of the said letter dated 01.01.2015 is attached as Annexure-10.
17. The complainant/UHRF has also received copy of a letter dated 03.03.2015 written by the Law Department of MCGM to Mr. R.M. Pradeshi wherein while replying to the letter dated 01.01.2015, they completely diverted the issue and have tried to mislead to the office of the Hon’ble Chief Minister & Urban Development suggesting that a writ of 2013 filed by one ‘Janhit Manch’ in the Hon’ble Supreme Court of India is pending in this regard. While citing the reason the Law Department, MCGM has returned the file without any action to the Office of Hon’ble Chief Minister. Copy of the said letter dated 03.03.2015 is attached as Annexure-11.
It is relevant to mention that the complaints/ representations to various authorities / forums were sent and are being persuaded by the complainant UHRF only on the directions of the Hon’ble Supreme Court of India wherein the apex court vide an order dated 07.11.2014 in WP(C) No. 915 of 2014 has granted permission to approach the appropriate forum by making appropriate application(s)/ representation(s) for appropriate relief(s). Moreover, the matter pending between SRUIL, MCGM and said Janhit Manch has nothing to do with the issues raised by United Human Rights Federation.
18. Sir, we do not understand as to why the office of MCGM has not sanctioned/ permitted the Anti Corruption Bureau to investigate the matter who have sought his permission / NOC to proceed in the matter? What are the reasons behind holding back the investigation as desired in the matter by ACB? It seems that the developer company, its directors/officers and some officers of MCGM with ulterior motives, do not want to permit the ACB for a proper and fair investigation.
Sir, under these facts and circumstances, we hereby request your goodself to investigate the frauds and illegal activities undertaken by Shree Ram Urban Infrastructure Ltd and their promoters/ directors/ officers in their project ‘Palais Royale’ and give directions for taking disciplinary and punitive actions including following :
a) carryout an immediate and urgent investigation in the illegal affairs and irregularities in the project ‘Palais Royale’, being constructed at Worli, Mumbai;
b) directions be given to seal the project ‘Palais Royale’ and pass orders to immediately stop work so that no further construction be carried out;
c) issue directions to the developer SRUIL to stop with immediate effect the sale of flats/units in the project;
d) declare the said project as illegal and issue public notices in various local as well as national news papers for the awareness of general public about the illegalities in the project;
e) to pass strong directives and orders, including punitive action against SRUIL for carrying out illegal construction in complete violation of the Development Control Regulations;
f) initiate investigation against SRUIL, its directors/ officers, contractors and architects and pass order such that the licenses of such architects and contractors be cancelled for the illegal activities;
g) initiate appropriate enquiry and investigation by directing registering of criminal cases under the provisions of Prevention of Corruption Act and other penalizing laws against concerned officials of MCGM;
h) initiate action against the project ‘Palais Royale’, Mumbai so that the 13 floors illegally constructed beyond 43 storey are demolished and the rights of the lawful purchasers / investors in the project, be protected.
(k) call upon the developer SRUIL to submit the status of the project, list of investors / purchasers who have been sold flats in the project, details of income made out of the sale of flats and details of all the agreements and arrangements made by the developer in the project;
n) take possession of Public Parking Lot building from the developer SRUIL with immediate effect since they have not handed over the MCGM till date and which was a condition precedent before constructing the incentive FSI in the main building;
(m) grant sanction/ permission or issue NOC to the Anti Corruption Bureau, as desired by them for initiating the necessary action/ investigation and registration of an FIR;
(n) take strong action against the concerned officials of BMC/MCGM and they be suspend with immediate effect ;
Sir, we seek your immediate and appropriate action in the matter.
Thanking you,
Yours faithfully,
For United Human Rights Federation
A.K. SINHA
(Secretary)
Attachments : Annexures 1 to 11, as mentioned hereinabove.
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