Message by E mails sent to all responsible ministers,authorities, Supreme Court of India. I have filed online complaint with The Supreme Court of India for Violation of My Basic And Fundamental Human Rights Under Constitution of India.
From: Kashyap [mailto:kashyap@kashyapfinance.com]
Sent: Tuesday, September 15, 2009 11:10 AM
To: 'office@tharoor.in'; 'jacob@tharoor.in'; 'nehhabhatnagar@gmail.com'; 'sharad@tharoor.in'; 'jmphatak@hotmail.com'; 'mswraju@yahoo.com'
Cc: 'presidentofindia@rb.nic.in'; 'manmohan@sansad.nic.in'; 'cpio-la@nic.in'; 'brahmavtar@nic.in'; 'teestateesta@gmail.com'; 'javedanand@gmail.com'; 'cjpindia@gmail.com'
Subject: RE: Reply. . Reference No. : 13020 & Diary No. : 26411 ; GUNDARAJ AT BORIVALI(WEST).MUMBAI SIMILAR TO TALIBAN
Importance: High
Sensitivity: Confidential
To,
All authorities
The Respected President of
Respected Honourable Minister for Law & Justice : Dr. M. Veerappa Moily ,
Respected Dr. Shashi Tharoor Company: Ministry of External Affairs,
Dear & Respected Madam Teesta Setalwad. Citizens for Justice and Peace,
I request the Honorable Supreme Court of India and The Respectable Chief Justice to please take immediate and very rigorous action against the responsible state government officers,employees.
Please read the full details given below ;
“The Supreme Court of India is the highest court of the land as established by Part V, Chapter IV of the Constitution of India. According to the Constitution of India, the role of the Supreme Court is that of a federal court, guardian of the Constitution and the highest court of appeal.
Articles 124 to 147 of the Constitution of India lay down the composition and jurisdiction of the Supreme Court of India. Primarily, it is an appellate court which takes up appeals against judgments of the provincial High Courts.
But it also takes writ petitions in cases of serious human rights violations or if a case involves a serious issue that needs immediate resolution.
The Supreme Court of India had its inaugural sitting on January 28, 1950, and since then has delivered more than 24,000 reported judgments.”
As has been explained in my earlier emails I had filed complaint to the Honorable Supreme Court of India and The Respectable Chief Justice and the members of Jury to defend My basic & Fundamental Human Right as a Citizen of India. These rights are basic human rights of all citizens and can be applied irrespective of race, place of birth, religion, caste, creed or gender. They are enforceable by the courts, subject to specific restrictions. Rights are synonymous to freedoms.
I filed complain with you because online efiling facilities are available with the supreme court of India. Please read the full details of email. In case I do not get justice from you will file complain with the Respected President of
My demand is my Basic and fundamental Human Right to Life ,Right to live peacefully and Right to Live with dignity. An activist judiciary has also served to expand the scope of fundamental rights to incorporate economic and social rights as well. Progressive and creative judicial intervention expanded the scope of Article 21 of the Indian Constitution which guarantees the Right to Life. Justice Krishna Iyer and other activist judges, through a series of very significant judgements, drew extensively from human rights law, to conclude that the right to life means the right to live with dignity, and that the right to live with dignity includes the right to livelihood, right to education and right to health.
The constitution of
Fundamental Rights of the Constitution of India is preserved in order to guarantee civil liberties to all its citizens, to provide a peaceful and harmonious life. These rights are individual rights and include equality before law, freedom of speech and expression, freedom of association and peaceful assembly, freedom to practice religion, and the right to constitutional remedies for the protection of civil rights by means of writs such as habeas corpus. The concept of issuing rights to the citizens has been developed from the England`s Bill of Rights; the United States Bill of Rights and also France`s Declaration of the Rights of Man. Anyone violating the fundamental rights of the land can face result punishments in the court of law.
I AM JUST DEMANDING MY BASIC HUMAN RIGHT UNDER CONSTITUTION OF
Harassment and Nuisance created regularly by Mr Jaswant from FLAT NO. A- 004 Premnagar No. 5,Co-op Hsg Society Ltd,Off S.V.P. Road, Borivali(West),Mumbai-400092 by carrying on Commercial Activities at Residential Area without authorization
by
BRIEF SUMMARY OF FACTS / ALLEGATIONS OF HUMAN RIGHTS INVOLVED. :-
My demand is my Basic and fundamental Human Right to Life ,Right to live peacefully and Right to Live with dignity. An activist judiciary has also served to expand the scope of fundamental rights to incorporate economic and social rights as well. Progressive and creative judicial intervention expanded the scope of Article 21 of the Indian Constitution which guarantees the Right to Life. Justice Krishna Iyer and other activist judges, through a series of very significant judgements, drew extensively from human rights law, to conclude that the right to life means the right to live with dignity, and that the right to live with dignity includes the right to livelihood, right to education and right to health.
The constitution of
Fundamental Rights of the Constitution of India is preserved in order to guarantee civil liberties to all its citizens, to provide a peaceful and harmonious life. These rights are individual rights and include equality before law, freedom of speech and expression, freedom of association and peaceful assembly, freedom to practice religion, and the right to constitutional remedies for the protection of civil rights by means of writs such as habeas corpus. The concept of issuing rights to the citizens has been developed from the England`s Bill of Rights; the United States Bill of Rights and also France`s Declaration of the Rights of Man. Anyone violating the fundamental rights of the land can face result punishments in the court of law.
I AM JUST DEMANDING MY BASIC & FUNDAMENTAL HUMAN RIGHT UNDER CONSTITUTION OF INDIA TO LIVE & STAY PEACEFULLY WITH MY FAMILY AT RESIDENTIAL AREA AS A HONEST CITIZEN OF INDIA AND HONEST DIRECT & INDIRECT TAX PAYER .
Harassment and Nuisance created regularly by Mr Jaswant from FLAT NO. A- 004 Premnagar No. 5,Co-op Hsg Society Ltd,Off S.V.P. Road, Borivali(West),Mumbai-400092 by carrying on Commercial Activities at Residential Area without authorization
by
I request your good-selves to please consider following points :-
The agreement for
For converting residential premises into commercial premises a proposal is to be submitted to local authority(
prerequisites e.g. Application for cc, Notice u/s 342, Plans, existing building plans, occupation permission, D.P. Remarks, NOC from Co-operative Housing Society, stability certificate from Structural Consultant .
Has Mr Jaswant ( Owner of Residential Flat no. A – 004 at Ground Floor) has complied with procedure for converting residential premises into Commercial premises.? Is NOC of the Co-operative Society Obtained ? Simply No.
This is the clean and very transparent case of Unauthorised use of Residential Premises for Commercial Purpose without permission of Mumbai Municipality And Society Authorities. Our Society has not permitted any such commercial use even committee members do not have power to permit any such commercial activities.Our society Bye-laws do not permit any kind of business activities from society premises.
Complaint to Police is to be made on the matters of: :-
1) Nuisance carried out by unauthorized use of flat / shop / parking space / open space by member or builder.
2) Threatening / assault by or to the member of society.
3) Creating noise after prescribed deadline hour in the evening
Please read the word Unauthorized use of Flat. Even any legal form of business is prohibited from Residential Premises.
Please read news from Judicials Reforms , February 2006 & Tribune Noida in 2005
On 16'" February 2006, the then Chief Justice of India, Y.K. Sabharwal passed a detailed order setting into motion the process of sealing of properties in designated residential areas of Delhi which were being used for commercial purposes. In the drive that followed to implement the order, thousands of premises being used for commercial purposes such as shops and offices, many of which had been functioning for decades, were sealed, forcing them to buy or rent premises in shopping malls and commercial complexes. This sealing went on relentlessly under the continuous supervision of Chief Justice Sabharwal's bench, monitored and directed by a Court appointed monitoring committee.
House allotment cancelled for commercial activity
Our Correspondent
Noida, August 9
The Noida authority cracked the whip on allottees who were using their residential premises for commercial purposes. The authority has cancelled the allotment of six houses and issued notices to another 172 allottees on complaints lodged by residents welfare associations (RWAs) of the respective sectors. They have been warned to stop commercial activities on their premises.
Besides, the allotment of five others have been suspended for not having deposited the allotment money within the time limit.
According to a spokesman of the authority, residents welfare associations had complained against residential premises being misused for commercial purposes in their respective sectors. The Noida authority had sent notices to the offenders. Most people had stopped the commercial activity.
Noida engineers, in a survey, found that in some 176 residential houses and plots commercial activity was still being carried on. Notices to some of them had already been sent but to no effect.
CEO Avnish Awasthi then passed cancellation orders for certain houses as per the report. The allotment of houses of Ravinder Kumar (E-253), Krishan Kumar (E-177), B. Kishore (E-84) in Sector 27, Jagjeewan Prasad, H-84, Sector 22, and Vidhya Devi Y-358A, Sector 12 here have been cancelled by the Noida CEO. Notices to another 172 allottees have also been sent, it is learnt.
I hope the above would clear any doubts or ambiguity about the matter under consideration. This is very transparent and clear offence requiring intervention by Maharshtra State Police Department and Mumbai Municipality Authorities And Maharshtra Government .These rights are basic human rights of all citizens and can be applied irrespective of race, place of birth, religion, caste, creed or gender. They are enforceable by the courts, subject to specific restrictions. Rights are synonymous to freedoms.
I am honest citizen of Mumbai,Maharashtra ,India aged 53 years ; staying at present residential premises since JUNE,1991 without any disturbance. I am paying all direct , indirect tax,levy, govt revenue honestly then why state Govt does not take any action. Under constitution of India all citizens has basic & fundamental right to live peacefully without any disturbance. It is a prime accountability of state Government , Local Authority , Police Force to keep law & Order for its citizens.
My personal life, family life, social life and professional / business life has come to an dead end because of harassment created by Jaswant Jain conducting business from flat no. A-004 located just next door to me. My wife is suffering from acute asthama living on asthalene rotomax since last 7 years. My son is doing Chartered Accountancy in Final C.A. not able to concentrate on study. My life has simply become miserable . Further Mental, Financial damage to me , my wife and son is indeed huge & irremediable. Because of continuous harassment since last almost 5 Months I am not able to sleep peacefully , not able eat my food . It is indeed a “HAVOC “ and “DISASTER” situation created in my family life , social life and personal life.
I am surprised how Mr Jaswant of Jaswant & Company( Residential Flat No. A-004 on Ground Floor) has obtained the Shop And Establishment License from State Government Departments Mumbai Municipality and The works contract Act or Any kind of Registration Certificates from responsible Sales Tax Department for conducting business from residential area. No permission is available either from State Govt (Local Authority) department or under Maharshtra C0-operative Housing Society Act.
My Complain against Mumbai Municipality is that why no action was taken in response to my online Complaint filed with Mumbai Municipality Corporation Number 0720594023 dated 19-06-2009 at 2.00 Noon against Mr Jaswant Carrying on Commercial Activities from Flat no. A-004 , Premnagar No.5 Society,Borivali(West),Mum-92.) for stopping his business activities immediately.
PRAYER / RELIEF IF ANY SOUGHT
My personal life, family life, social life and professional / business life has come to an dead end since almost last May-June , 2009 because of harassment created by Jaswant Jain conducting business from flat no. A-004 located just next door to me. Every day on daily basis people in large numbers are visiting the said premises( A-004) looking into my drawing Room and creating nuisance , harassment for my family. My wife is suffering from acute asthama living on asthalene rotomax since last 7 years. My son is doing Chartered Accountancy in Final C.A. not able to concentrate on study. My life has simply become miserable . Further Mental, Financial damage to me , my wife and son is indeed huge & irremediable.
Even I had been given threat by Mafia Lobby ( carrying on business activities from residential area at my co-op Housing Society) to trap me into some kind of bogus & fabricated serious offence with help of local police station & Criminal Lawyer. Please tell me where is law and order at Mumbai ; The so called business capital of India.
1) I want immediately stoppage of Business Activities from Flat no. A-004 ,Ground Floor,at Prem Nagar Bldg No. 5 Co-op Hsg Society Ltd. The said disputed Flat no. A-004 must be confiscated & forfeited by the Maharshtra State Government.
2) I want minimum compensation of Rs 10,00,000/- ( Ten Lac) from The Maharshtra State Government for horrible harassment, torture to me and my family. State Government has failed to protect my basic and fundamental human rights as explained earlier. I want president’ s Rule at State of Maharshtra as a result of very …..very nasty suffering since last 4 to 5 Months. If present ruling party can not keep Law & Order they do not have right to remain in power. The Respectable President ‘s Rule is better option for citizens of Mumbai , Maharshtra.
3) All the responsible officers,employees, persons must be punished ruthlessly.
NAMES, DESIGNATION, AND ADDRESS OF THE PUBLIC SERVANTS AGAINST WHOM COMPLAINT IS BEING MADE :-
(1)The Respected Mr Rakesh Maria ,
Joint Commissioner Crime Branch,
Police Comm. Office, Crawford Market,Mumbai-400001.
Tele Nos:- 022—22620406 ; 22620111 ; FAX:- 022-2262055
(2) The Respected Assistant Commissioner,
R/Central Ward ,
Railway Station, Borivali (W),Mumbai-400092.
Telephone:- 022—28946000
(3) Respected Secretary Mr Sudhirkumar Goel
Co-operation Department of Maharshtra Govt., Mantralaya.
Nariman Point, Mumbai -400021
Tele No:- 022- 22025283
E Mails:
(4) Respected Secretary Mr Manukumar Srivastava
Urban Development & Nagri Vikas ,
Maharshtra Government, Mantralaya.Nariman Point,
Mumbai -400021.
Tele No:- 022- 22021444
E Mail:
Name. , Designation & Address of the Authorities/Officials to whom public Servants are Answerable :-
(1)The Respected Chief Commissioner of Police
Mr D Sivanandhan , Near Crawford Market,
Police Commissioner Office, Mumbai-400 001.
Telephones:- 022—22620826 ; 022—22633333
FAX :- 022—22633319
(2)Respected Commissioner of Municipality MR JAIRAJ FATAK
Dr.JAIRAJ M.PHATAK
Office Address
Municipal Commissioner
Municipal Corporation of Greater Mumbai
Municipal Head Office ,Mahapalika Marg
Mumbai CST .Mumbai-400 001.
Tel:0091-22-22620525 ; 022—22620251 …..Extn:- 3109
E mail: jmphatak@hotmail.com ;
(3)The Respected Chief Minister of Maharshtra
Mr Ashok Shankarrao Chawan
Chief Minister Secretariat, 6 th Floor , Mantralaya,
Mumbai-400 032.
PHONE NUMBERS: 022-22025151 ; 022-22025222
FAX NO: 022- 22029214
With regards & thanks
Kashyap Vyas
Kashyap Mansukhlal Vyas, A-003, Premnagar Bldg.No.5, Co-Operative Housing Society Ltd ; Off S.V.P. Road,
Telephone Nos:- +91 -- 022—28901477 &+91 - 022—30607772
From: efiling.sci@nic.in [mailto:efiling.sci@nic.in]
Sent: Friday, September 11, 2009 3:32 PM
To:
Subject: Reply.
Please refer to practise and procedure available on Internet for the purpose for filing
and registering a matter. Please rectify your defects noted on website against your
Diary No. 26411 for registration.
I strongly urge all citizens of India please do not give up your fight against corrupted State Govt and Central Govt Officers,Employees,Police Force,Municipalities and other departments. Government is able to run and manage its departments because you,me and all the citizens(including individuals,institutions,corporates,business organisations are paying either direct or indirect taxes,govt levy. Government is not obliging us. We have all rights,basic fundamental & human rights to complain ,probe and immediate justice for any kind of corruption,malpractices being carried out by government,govt organisations. We provide them money so we are master not servant. You can complain and write to any authority if violation of Basic & Fundamental Human Rights is involved.
With Regard & Cheers
Kashyap Vyas
