Transcript Slum rehabilitation projects in Mumbai, under section 3k

Maharashtra Government’s 2G Scam
Rs.50,000 Crore Ghotala in the name of
Slum Dwellers
Presentation : Dr. Kirit Somaiya
BJP National Secretary
Rs.50,000 crores LOOT by
Congress-NCP Government
• Congress-NCP Govt. of Maharashtra has gifted
Rs.50,000 crores worth property/project with profit of
rs.31,500 crores to “selected builders”
• The land/property belongs to Govt. of India, Defence
Ministry. Govt. of Maharashtra, MHADA, BMC handed
over to this builder in the name of slum dwellers
• CRZ salt land also allotted for development in the name
of
“Rajiv Gandhi Aawaas Yojana”
Cheating, fraud by Congress Govt. in the name of Rajiv
Gandhi
Total Projects allotted in SRA
u/s 3k
Total Area of 6 Projects
235 Lac Sq. ft.
Land Value
Rs 6,652 Crores
Total Saleable Component
Available
446 Lac Sq. ft.
Market Value of saleable area Rs 41,840
Crores
Total Projected Profit
Rs 31,500
Crores
Govt. of Builders - for Builders
• Hundreds of Acres of Land in Mumbai worth thousands of Rs
Crores gifted to selected Builders
• Rules, Guidelines, Provisions of Laws violated to suit the
Favored Builders
• No bidding, transparent process
• No consistent process followed in the six approvals.
• Proposals cleared with Amazing Speed
• Out of way/ abnormal Exemptions/ Relaxation given
• No due diligence
• Financial capacity of the developer ignored
• No accurate knowledge of number of families (structures)
before issuing LOI
• No consent obtained from slum dwellers
• GBR (General Body Resolution) copy not obtained
Ghotala Sanctioned/Implemented by both Chief ministers
Shri Prithviraj Chavan Shri Ashok Chavan
• 11 Nov 2010 – Maharashtra had 2 Chief Ministers –
i) Shri Ashok Chavan
ii) Shri Prithviraj Chavan
• 55,27,000 sq.ft. land was gifted by Housing Ministry, Govt. of
Maharashtra to a small-time builder, Lashkaria Constructions
Pvt.Ltd. on 11 November 2010
• Housing Ministry issued directive/order purported to be dated 11
Nov. 2010
• Lashkaria Constructions with Paid-up Capital of Rs.15 lacs was
gifted/handed over project of Rs.10,000 crores with profit margin of
Rs.6,400 crores
• 11 Nov. 2010 – Shri Ashok Chavan was the Caretaker Chief Minister
and Shri Prithviraj Chavan took over as regular Chief Minister
• Rs.50,000 crore SRA land scam of Congress Govt. of Maharashtra is
parallel to that of 2G telecom scam of Govt. of India.
Loot in the name of SRA
New Jamindar in the name of Slum dwellers
Legal Acts/ papers referred to:
• Govt. referred various provisions to have cluster
development/ township Development
• An area of 40 hectares & above having large number of
slums
• Dharavi model of township redevelopment u/s 3.19 of
Appendix IV of DCR 33(10)
• Now this is another concept/ FRAUD - Maharashtra Slum
Areas Act 1971, section 3k along with:
• New Housing policy Maharashtra of 23/7/2007 &
• National Urban Housing and Habitat policy, 2007
Advocate General Ravi Kadam’s
Legal Opinion on SRA…. Ignored
Govt. asked legal opinion of Advocate General on
relaxation on SRA Provisions. Advocate General
said :
• Annexure I/ II/ III required before LOI can be issued
• Preface of Appendix IV of DCR 33(10) says
redevelopment proposal to be submitted by
owners of the land/ CHS/ MHADA/ NGO’s.
• Section 2.8 of Appendix IV of DCR 33(10) says
existing schemes or under consideration schemes
cannot be overridden
• NOC required from land owners within 30 days of
issued LOI
Lashkaria Developers
• Plot at Malavani, Malad West, Mumbai, is
513,482 sq meter, of which 25,789 is under CRZ
regulations.
• Paid-up capital of the company is Rs 15 lac
• Obtained loan of Rs 37 lac from a Co-Op Bank
against residential flat.
• Financial Reserves, turnover etc. few million
• Rs 52,41,74,738 paid to Maharashtra Govt. on 23
Nov. 2010
• Who are the REAL OWNER of this Company?
Lashkaria Developers
Un-dated
Application to SRA asking relaxation from payment of
land premium
18 Mar 2010 Lashkaria’s application to CM
1 July 2010
Housing Ministry called special meeting attended by
SRA, The Builder & others
2 July 2010
Letter from SRA to Housing, provisional LOI can be
issued though application has no required documents
5 July 2010
Housing Ministry issued directives to SRA that all
rules, guidelines should be ignored
5 Nov 2010
Housing Ministry decided to give Project Approval
under Sec 3k of SRA
11 Nov 2010 Maharashtra Govt. sanctioned the Project.
Directives/Letter issued to SRA
Lashkaria Developers
• Full contradictions about Number of Slum
Families/Structures- 14,000 to 25,000.
• Guidelines regarding certification of Slum
Structures/ Annexure II by-passed
• Legal provision about Annexure II/ consent of
70% slum dwellers ignored
Lashkaria Developers
Total project Area
55.27 Lac sq ft
Land Value
Rs 1,381 Crore
Total Saleable
Component Available
107 Lac Sq.Ft.
Market Value of Saleable Rs. 8,000
area
Total Project Profit
Rs 6400 Cr.
Ashok Chavan & Lashkaria
30 Oct 2010
CM Ashok Chavan announced
Resignation
10 Nov 2010
Ashok Chavan submitted his
resignation to Governor, who
asked him to continue as
caretaker-CM
11 Nov 2010
evening
Prithviraj Chavan took oath as
New Chief Minister
Aakruti Builders
• Total plot size is 26 hectares at
Antop Hill
• Huge portion of Salt Pan Land
with Mangrove shrubs
Aakruti Builders
13/7/2009
Original
application to CM, wants provisional
LOI/ IOA/ CC to be granted without 70%
consent of Slum Dwellers
Special exemption from 40 hectares area
provision 15/7/2009
Application forwarded by Housing to SRA
6/8/2009
SRA reply to Housing Dept. that since there
are prior proposals, possibility of litigation
exists
26/9/2009 Hsg. Ministry accorded Approval
Aakruti Builders
Total project Area
45 Lac Sq. ft
Land Value
Rs 1,350 Crores
Total Saleable Component
Available
88 Lac Sq. ft
Market Value of Saleable area Rs 8,700 Crores
Total Project Profit
Rs 6,900 Crores
Lokhandwala Builders
• Total 4 plots at Lower Parel-Haji Ali,
Worli = 68,970 sq metert for 2621
families (structures)
Lokhandwala Builders
16/6/2009 MCGM Commissioner Jairaj Pathak writes a letter to
Housing Secretary, asking to approve the composite
project without 70% approval and asks to extend cut-off
date from 1995 to 2000
20/6/2009 SRA letter to Housing Secretary, asking to consider
waiving the 70% consent of local residents and to extend
the cutoff date from 1995 to 2000
13/7/2009 Application from Lokhandawala builders to Maharashtra
CM, mentioning the 4 plots. Does not mention 3k
14/8/2010 Approval for project under 3k(1)
5/10/2010 MCGM Commissioner Kshatriya writes a letter to
Housing Secretary, asking to approve the composite
project as per 3k and relax the height restrictions under
section DCR 31(4)
Lokhandwala Developers
Total project Area
7.42 Lac Sq. ft.
Land Value
Rs 371 Crore
Total Saleable Component
Available
12 Lac Sq. ft.
Market Value of Saleable
area
Rs 1,800 Crores
Total Project Profit
Rs 1,400 Crores
Ruchipriya Developers
• Plot is at Akurli village, Kandivali East
project total area is 456,800 sq mt (45
hectares) for 15,000 to 17,000 families
Ruchipriya Developers
21/10/2008
Application made to CM for approval on lines of 3(19) of
Appendix IV of DCR 33(10). Proposal asks for permission to
build 5,000 PAP tenements (is it to bypass Financial statements
under Annexure III?)
6/11/2008?
Housing department letter to SRA instructs them to issue
Provisional LOI/IOA/ CC without Annexure II and that Annexure II
to be issued in 60 days
10/7/2009
2009 (date
unclear)
Ruchipriya letter to Secretary Housing asking not to insist on
GBR (General Body Resolution) and 70% consent. Also requests
not to insist on 5% open spaces! Requests Housing department
not to insist on Annexure III.
SRA writes to Housing department to take cognizance of HC
order and UD circular SRA/2008/prakra170/circular-1 for
procedure of ‘first come first serve’
8/8/2009
Approval by Housing Secretary under 3k
Ruchipriya Developers
Total project Area
51.42 Lac Sq.Ft.
Land Value
1,450 Crore
Total Saleable Component
Available
92 Lac Sq.Ft.
Market Value of saleable area Rs 7,300 Crores
Total Projected Profit
Rs 5,300 Crores
Shivalik Ventures
• Plot at Golibar, Santacruz for 25,000 structures, is 125
acres
• Plot has 26 acres belonging to MHADA, 43 acres
belonging to Central government Defense, 52 acres is
private land ownership and 2 acres each is ‘seema shulk’
and state collector.
• Unitech a major stakeholder in Shivalik.
• CTS 12/ CTS 541 belongs to Indian Military and CTS 377 is
Customs Department, Government of India.
• SRA2008/CM-22/PraKra187/Jho-1 referred to.
• State Government Housing policy of 23/7/2007 referred
to.
Shivalik Ventures
21/1/2008 Application made by Shivalik
21/1/2008 CM writes to Housing department to scrutinize the
application.
17/4/2008 Letter by Shivalik (claims 52 acres private land purchased,
but no details)
25/6/2008 Letter by Shivalik
21/4/2008 Internal noting of Housing department says no authentic
data available for number of families residing. Narration
says 22 acres is private land for which no NOC is
available.
20/8/2009 LOI issued by SRA, for 28 acres only, for section wise
construction. Earlier LOI issued for 14 acres dated 2007,
but no performance checked before issuing new LOI.
Shivalik Ventures
Total Project Area
( In principle approval)
56 Lac Sq. ft
Land Value
Rs 1,680 Crore
Total Saleable Component
available
115 Lac Sq. ft
Market value of Saleable
area
Rs 13,800 Crores
Total projected Profit
Rs 10,000 Crores
Sterling Buildcon
• Project is for Borla village, Chembur
for 18.94 hectares (189,438 sq mt) for
7,000 families.
Sterling Buildcon
9/2/2010 & Application/ letter by Sterling Buildcon to CEO of SRA
20/5/2010
31/5/2010
SRA letter to Housing department saying Annexure III not
to be insisted upon, before issuing LOI.
22/6/2010
Developers Sushiraj to CM and Housing Department
saying their scheme already has approval and Sterling
Buildcon has made wrong representation on land
ownership.
2/7/2010
SRA letter to Housing department
17/8/2010
SRA letter to Housing department
11/11/2010 Approval for project under 3k
Sterling Buildcon
Total Project Area
20.39 Lac Sq. ft
Land Value
Rs 420 Crores
Total Saleable Component
Available
32 Lac Sq. ft.
Market Value of Saleable area Rs. 2,240 Crores
Total Project Profit
Rs. 1,500 Crores
Congress-NCP Maharashtra Govt.’s
NEW JAMINDARI
•
•
•
•
Concept Evolved in 2009
Execution in 2010
Illegal sanction & allotments
Maharashtra Govt. sanctioned projects under
the guise of Sec 3K of SRA Act & Govt. of India’s
Housing Policy
• GOM has given in principle approval to all.
• LOI issued to many of them.
• Rough working, projects cost, valuation, profit is
Rs 40,000 t0 Rs 50,000 crores!
Total Projects allotted in SRA
u/s 3k
Total Area of 6 Projects
235 Lac Sq. ft.
Land Value
Rs 6,652 Crores
Total Saleable Component
Available
446 Lac Sq. ft.
Market Value of saleable area Rs 41,840
Crores
Total Projected Profit
Rs 31,500
Crores