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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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Mr. Hitendra Shah   05 March 2016 at 20:32

Your expert advise for action to be taken by my mother.

In the Case of my mother, a widow and senior citizen of 83 years of age, she wrote a letter to MC of MCGM which is as follow. Kindly give advise for actions to be taken.

To,
The Municipal Commissioner,
MCGM,
Mumbai-400 001.

Ref :- For issuing Bills by MCGM for Property Tax for Flat B/704 of Jaya Niwas on Plot CTS NO 496, 496/1 to 11 of Malad Village, give me information that the said flat is in whose name?

Respected Sir,

I was staying in Shiv-Villa Building which was structured on Plot CTS No 497, 497/1 to 11 in Malad Village, with my family since 1974. M/s Rachna Developers & Marketing took in hand Redevelopment work of said building in the year 2005 and it entered into Agreement with all 9 Tenants of Shiv-Villa Building in the year 2005 to provide ownership flat of 340 sq, ft. Carpet Area in the Building to be constructed only and only on the said plot within 12 months of Agreement. Originally all the tenants of Shiv-Villa Building had equal and same area of flat of 340 sq. ft Capet Area. M/s Rachna Developers entered into Agreement with the Tenants of Shiv-Villa Building only for vacating them from their homes to make them homeless. Afterwards the said developers took in hand redevelopment work of the adjacent Building Jaya Niwas on plot CTS No 496, 496/1 to 11 and he Merged both the Plots 497, 497/1 to 11 and 496, 496/1 to 11 illegally and fraudulently for doing all kinds of Frauds, Manipulations, Wrong Doings, Crimes, Criminal Breach of Trust and Cheating. There is no References of Jaya Niwas Building, MERGER and Plot CTS No 496, 496/1 to 11 in the Agreements which M/s Rachna Developers entered into with the Tenants of Shiv-Villa Building in the year 2005. The Said Merger was only and only meant for Constructing Illegal Commercial Hospital on Residential Plot on Residential Zone, on C Wing of Jaya Niwas on the Plot CTS No 497, 497/1 to 11 where Shiv-Villa Building was originally structured, by separating C Wing illegally and fraudulently from Jaya Niwas. M/s Rachna Developers constructed a Building named as Jaya Niwas on Plot 496, 496/1 to 11 with A and B Wing only and only for old tenants of Jaya Niwas and Balance Flats for Sale. The area of the Flats in A and B Wing of New Jaya Niwas are of less than 220 and 270 sq. ft. As M/s Rachna Developers and M/s Parikh Builders did not want to make flats of 340 sq. ft. Carpet Area for the Tenants of Shiv-Villa Building and as they wanted to construct Illegal Commercial Hospital on C Wing of Jaya Niwas on Plot CTS No 497, 497/1 to 11 of two said Merged Plots, they pushed Smt. Savita Sejpal of Flat No 2 of Shiv-Villa Building and Mr. Mrs. Panchal of Flat No 3 of Shiv-Villa Building in lesser Area of Flats B/504 and B/404 (area of the said Flats are less than 255 sq, ft as per Property Tax Records of MCGM and the said Flats are not on the Plot 497, 497/1 to 11 where Shiv-Villa Building was originally structured) by force and by giving threats and by entering into Void and Revoked, Illegal, fraudulent and invalid Agreement mentioning in it that as they were previously tenants of old Jaya Niwas Building and therefore they have been allotted Flats in new Jaya Niwas but actually the facts are that both Smt. Savita Sejpal of Flat No 2 of Shiv-Villa Building and Mr. Mrs. Panchal of Flat No 3 of Shiv-Villa Building were staying in Shiv-Villa Building and not in Jaya Niwas.

In my case as cheater, fraud, liar, misleading Vinay Mandal of M/s Rachna Developers & Marketing became beggar; he did not pay me Rent of Alternate Accommodation of last 16 months @ Rs 7500 per month before December 2008 and therefore I took possession of Flat B/704 in Jaya Niwas as Alternate Accommodation from December 2008. M/s Rachna Developers & Marketing handed over this whole merged project to M/s Parikh Builders. I did not enter into Agreement for Flat B/704 in Jaya Niwas as the said Flat is not on the Plot CTS No 497, 497/1 to 11 and the said flat is of less than 255 sq. ft area as per Property Tax Records of MCGM whereas the area of my Flat was of 340 sq. ft. Carpet Area in Shiv-Villa Building which was originally structured on plot CTS No 497, 497/1 to 11 which is also mentioned in the Agreement which M/s Rachna Developers entered into with me in the year 2005 that my Flat in Shiv-Villa Building which was of 340 sq. ft. Carpet Area and Rachna Developers promised me in the said Agreement to give me my Ownership Flat of 340 sq. ft Carpet Area in the Building to be constructed on the Plot CTS No 497, 497/1 to 11 within 12 months of Agreement entered into. M/s Rachna Developers acquired CC for C Wing of Jaya Niwas on Plot 497, 497/1 to 11 for constructing illegal Commercial Hospital and for separating C Wing from A, B and C wings of Jaya Niwas on the said two merged Plots. M/s Rachna Developers got CC for C wing by submitting my Forged Agreement with MCGM. There was conspiracy and collusion between M/s Rachna Developers, M/s Parikh Builders, their Architects, then concerned MC and Officials of MCGM.

The said Flat B/704 in Jaya Niwas which I am using as Alternate Accommodation is in the name of M/s Rachna Developers & Marketing. For throwing Dust in the eyes of MCGM, Government of Maharashtra, Police, Courts etc M/s Rachna Developers & Marketing issues Fictitious and Bogus Maintenance and Property Tax Bills on me since year 2009. M/s Rachna Developers & Marketing sent me 3 legal Notices through their Advocates for getting Registration of Flat B/704 in Jaya Niwas. M/s Rachna Developers & Marketing and M/s Parikh Builders are throwing money everywhere for hiding their Crimes, Frauds, Wrong Doings, Lies and Criminal Breach of Trust and therefore the Executive Engineer of P Ward of BP Dept of MCGM at Kandivali, Mumbai-400 101 has advocated the said Developers and Builders in his reply dated 1st Oct, 2015 to me that I must get registered the said Flat B/704 in Jaya Niwas because as per his knowledge the said flat B/704 in Jaya Niwas is on Plot 497, 497/1 to 11 and is of 340 sq. ft Carpet Area as per Agreement which M/s Rachna Developers entered into with me in the year 2005, but actually the said Flat B/704 in Jaya Niwas is on Plot CTS No 496, 496/1 to 11 and it is of less than 255 sq. ft. area as per Property Tax Records of MCGM.

I want to know from Property Tax Dept of MCGM that on whose name this B/704 in Jaya Niwas is? If it is in the Name of M/s Rachna Developers and Marketing then why and how they are issuing Fictitious and Bogus Bills on me for Flat No B/704 for Maintenance and Property Tax since year 2009?

M/s Rachna Developers & Marketing and M/s Parikh Builders appointed Miss Varsha of A Wing of Jaya Niwas as Unauthorized/Illegal/Unelected Secretary and CA Brijesh B Shah of Flat B/701, Jayesh of Flat B/503, Jayesh of Flat B/501, Ashwin of Flat B/303, Jayesh and his wife of Flat B/101, Malaben of Flat B/102 and Suchak of A Wing are appointed as Unauthorized/Illegal/Unelected Committee Members or Karya-Kartas since 2010 to collect Maintenance from Residents in Jaya Niwas in CASH and not in CHEQUE. Jaya Niwas is not a Registered Society. As per Law and Rules, Maintenance is always paid by the Owners of the Flats only. The said Flat B/704 in Jaya Niwas is in the name of M/s Rachna Developers & Marketing, even then Varsha and all Karya-Kartas are collecting Maintenance of Flat B/704 from me through Gundagiri and by VASULI since 2010, by force and by giving me threats on directions of M/s Rachna Developers & Marketing and M/s Parikh Builders without giving any Receipt from M/s Rachna Developers & Marketing.

Take Suo Moto Actions on the Spot and arrest all concerned on the spot.

Kindly give me reply immediately.

Thanking you,

Yours faithfully,

(Smt. Vandana H. Shah)

CC to:- 1. The Governor of Maharashtra 2. The Chief Minister, Government of Maharashtra 3. MC, MCGM 4. Mumbai Police Commissioner 5. DCP, Parimandal or Zone II, Borivali West), Mumbai-92 (6) Additional Municipal Commissioner P North Ward, MCGM, Malad (West) 7. The Executive Engineer, P Ward, MCGM, Kandivali (East), Mumbai 101 (8) Head of Water Dept, P North Ward, MCGM, Malad (West) Mumbai-64 (9) Head of Water Dept, P Ward, MCGM, Kandivali (East), Mumbai-101 (10) Head of Health Dept, P North Ward, MCGM, Malad (W), Mumbai-64 (11) Head of Health Dept, P Ward, MCGM, Kandivali (W), Mumbai-101 (12) RTI Activists 13. The Presidents & Secretaries of all relevant NGO 14. The Editors of all Print & Electronic Medias 15. The Presidents of all Political Parties 16 all concerned MPs, MLAs, Nagar Sevaks 17. Hon Minister Vidyaji Thakur, Government of Maharashtra 18. The Registrar, Registrar of Societies, Mumbai. 19. The Senior Police Inspector, Malad Police Station. 20. Asst Police Commissioner, Borivali Div, Borivali Police Station, Mumbai-400 092.


MUKUND DHOTE   05 March 2016 at 20:08

Non filing of fir by police station against builder fraud /cheated

We hav file a complint at PS on Agust 2015 against the Builder, wherein builder induce as owner and plot and entered into agreement to sale with purchasr, in 2011, received the consideration amount Rs.12.26 lacks out of Sale consderation amount Rs.13.51 lacks, where the plot owner was the another party and and after the construction of house builder & Plot owner sold out constructed house funded by the purchase to third party wihtout knowledge of purchaser, complant has been file with PS in Agust 2015 and reminder is given in feb 2016 till PS depaartment is ignoring the filing FIR against the builder as these people are hevily infuluence with Political arena etc. Is this not a Department of PS mandatory and statutory duty to file a FIR and investigate the matter? Is this not a obligation to file a FIR. one of the purchase in the same property is already been filed case in cout u/s 156(3) in end of 2013 till court not directed to to PS to file FIR against the same the same Builder. How and in which way, FIR will register in PS? There are three purchaser have been cheated by the same Builder in Bhusawal, District Jalgaon and all 3 houses construction cost Rs.45 Lacks of Rs.15 lacks each has been tansfered by the Builder to the Third party and third Party sold out each house in Rs.29 lacks each, under which rule Ps has to file FIR execpt 156(3)? pleaseanswer

Anonymous   05 March 2016 at 18:48

remeady

Hello sir.. when a person had done a crime and he convicted and later he relised on bail but the police keeping calling him and they want to keep another unkown cases on him. Wt is reameady for this.

anand   05 March 2016 at 16:20

Govt job for criminal record person (case pending)

dear sir, please help me i want to know that can i got govt job. my uncle was reported and files ncr against me and my brother under sec. 323 , 504 ipc and which is pending in court. i am well quelifed person and i passed exam of power corporation (u.p.) and i want to know that if i show my criminal record then they will appoint me or not. please suggest me sir any court order for releif to appoint of criminal record person. please help sir any suggestion regarding this..

RAHUL   05 March 2016 at 15:39

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What is the first and foremost way to prevent my relatives to sell the property??
All ready title suite is running on that property but still they want to sell and run??
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RAJARSHI BAG   05 March 2016 at 15:16

Tax for land selling

I am a salaried person working as an Assistant Teacher in a Govt. sponsored institution. My gross salary for the F.Y.2015-2016 is Rs.4,50,000/-(Approx.).
I (jointly with my wife) have a piece of agricultural land of 6 decimal in a rural area. We wish to sell the land in March 2016. The selling price of the land is Rs.15,00,000/-(fifteen lakh). My wife is a non-salaried person.
How much tax will have to pay for the same?
Kindly advice.
Thank you.

Om Dubey   05 March 2016 at 14:50

online selling company fraud

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I called the company and they assured me that they will refund but its been 2 months.
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Sandeep jambhulkar   05 March 2016 at 13:41

Labor law dual employment

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Now on paper from 15th till 30 th april i am under dual employment which is practically not possible
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rts   05 March 2016 at 13:22

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Vivek Laddha   05 March 2016 at 13:10

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