ग्रिएवांस लैटर दतेद ५-२-०८ -स्वागत स्कीम -कलेक्टर ऑफिस

ENCLOSURE:-

COPY OF LETTER DATED 5TH FEBRUARY 2008 SENT TO SWAGAT SCHEME OF COLLECTOR ( REGISTERED VIDE REFERENCE NO 6932) AND REFERRED AS QUESTION 47 IN THE LETTER DATED 7TH FEBREUARY 2008


BY HAND DELIVERY AS WELL AS BY EMAIL

SOS MOST URGENT MESSAGE FOR PERSONAL ATTENTION OF THE COLLECTOR OF AHMEDABAD

PRIVATE AND CONFIDENTIAL ( CONTENTS OF THE PRESENT LETTER NOT TO BE DISCLOSED TO CITY MAMLATDAR AND ITS OFFICE) FOR PERSONAL SAFETY


From :- Pankaj S Mody
2nd Floor, Janmangal Apt
40 Brahman mitra mandal soc
Paldi, ahmedabad 380 006
Email modyps@gmail.com

Mobile 94270-26109

The Collector of Ahmedabad,
COLLECTOR OFFICE ,
SHUBHASH BRIDGE
AHMEDABAD

Respected Sir,

GRIEVANCE UNDER SWAGAT SCHEME

SUBJECT:- GRIEVANCE AGAINST CITY MAMLATDAR PASSING ORDERS IN TAKRARI NODH 74/07 IN HOT HURRY FOR APPROVING ENTRY 5975 ( FINAL PLOT 768/10 ADMEASURING 3065 SQMETERS IN TP SCHEME 3/5 , CHADAVAD) AND URGENT NEED TO PUT STAY ORDER AGAINST HAREKRISHNA DEVELOPERS,ETC WHILE ATTACHING AND SEALING THE PROPERTY ( FINAL PENDING FURTHER INVESTIGATION).
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१.This is in reference to the announcement made in newspaper to accept complaints/grievances under SWAGAT scheme and the same has to be filed on 5th February 2008.




२.My grievance is against the City Mamlatdar who has passed orders in takrari nodh 74/07 (for approving disputed entry 5975 pertaining to Final Plot 768/१.0 admeasuring 3065 sq meters in T P Scheme 3/5 and the plot located at main cross roads of Municipal school at Parimal crossing on C G Road ) in hot hurry showing undue favor to Harekrishna Developers and their advocates.

३।In view of undue haste in passing the orders without examining various aspects while not giving a proper hearing ,the City Mamlatdar has passed the Orders on 9th October 2007 itself without reading the contents of further written submissions made on October 9th, 2007 and without incorporating the observations to the said written submissions (made on 9th October 2007) in the Order finalized on 9th October 2007 by the City Mamlatdar.

४।The City Mamlatdar has miserably and deliberately failed to make detailed observations to my representations especially when it involves dubious practices used in hijacking the companies by way of amalgmation of three companies and sale of the property at less than Rs eight crores ( where the non performing asset was exceeding Rs 22 crores of Rupees and using dubious means to recover the term loan by sale of the property to the builder Harekrishna Developers in collusion with Oriental Bank of Commerce- successor to failed Global Trust Bank ).

The office of the Honorable Chief Minister of Gujarat has ordered investigation through Home Department earlier and the same is pending and was brought to the notice of the predecessor Collector in one of the emails sent earlier and the then Collector had been kind enough to give assurance that the matter would be examined vide email on 10th/11th July 2007. It appears that the City Mamlatdar has not closely examined the matter.




As the Builder has commenced the construction on the disputed property on Final Plot 768/10 , it is absolutely necessary to issue immediate status quo orders on the said property against Harekrishna Developers and their representatives while taking the photographs of the said property. It is also necessary to take further steps of attaching and sealing the said property for further investigation so as to examine the collusion between Harekrishna Developers and the Office of City Mamlatdar in detail.

I am furnishing some primae facie issues in the EXHIBIT A enclosed herewith. I am also furnishing table depicting enclosures of various annexure by way of EXHIBIT-B for ready reference so as to draw reasoned conclusions.

I shall be taking up the present matter with the Honorable Chief Minister in view of instructions given by the Honorable Chief Minister and explain the said details of the present case and related issues as it involves the issue of Life and Liberty and the issue of personal existence especially when I am already leading life as a living dead person while the family has been more or less is disintegrated. I therefore most humbly urge you to take all appropriate steps to avoid further multiplicity of legal proceedings.

It has been reported in today’s news paper ( dated 5th February 2008) that the office of the Collector would be closely examining the old titles of the property pertaining to the Hotel which came crashing down recently and several persons died. In view of such human approach , it is expected that my grievance would be dealt minutely.

I humbly urge you to review the passing of further entry 6027 which was done behind by back. Additional details shall be furnished subsequently.




Kindly acknowledge receipt of present grievance letter and prompt steps taken to restrain the builder from carrying on construction activity on the said disputed plot on account of Civil Suit 5827 of 2001 is pending trial in the Bhadra City Civil Court.
Thanking you.


Yours most respectfully,

PANKAJ S MODY.

MOBILE 94270-26109.



ENCLOSURES:-

1. EXHIBIT A
2. EXHIBIT B
3. ANNEXURES TO EXHIBIT B


EXHIBIT A

OF VARIOUS ISSUES IN RELATION OF COLLUSION OF HAREKRISHNA DEVELOPERS WITH CITY MAMLATDAR



1. The present record of right shows entry of 4913 and this entry pertains to the status quo position to be maintained in light of directions given by revenue department. As long as this entry was pending it was necessary that no fresh entry ( in particular 5975) ought to have been passed till the matter is examined in complete detail by the City Mamlatdar’s office in light of my objections raised by me.

2. I had submitted letter to the Collector office and Supritendant of Stamps on 16-5-2007 as regards large scale evasion of stamp duty of Government of Gujarat. In view of said letter and without furnishing detailed explanation , the order was passed by the City Mamlatdar which shows that the City Mamlatdar does not work in the interest of the revenue department at all.

3. The then collector of Ahmedabad had assured me vide email dated 10/11 July 2007 that the matter would be examined by their office. However, inspite of such assurance , the City Mamlatdar has not furnished detailed report in this regard at the time of proceedings in takrari nodh.

4. I had brought to the attention of the Talati/Circle Inspector vide my letter dated 25-1-2006 and 6-2-2007 to register the entry for Notice of Lis Pendens in light of Civil Suit 5827 of 2001 pending in the Bhadra City Civil Court pertaining to the final Plot 768/10 in Chadavad , T P Scheme 3/5 varied situated near Parimal Rly Crossing , Ahmedabad. To prevent multiplicity of proceedings as well as to hardship to me and any potential buyer , it was ABSOLUTELY necessary for the City Mamlatdar office to FIRST pass entry OF LIS PENDENS in the Record Of Right showing pending litigation before EVEN considering to pass the entry 5975 (pertaining to sale deed of Span Medicals Ltd in favour of Harekrishna Developers on 2-4-2007 vide document number 3315 registered with Sub registrar’s office. This has not been done at all which primaefacie indicates collusion and outright favour to the buyer Harekrishna Developers and thereby unnecessarily resulting in ( avoidable) multiplicity of legal proceedings for the undersigned.

5. The City Mamlatdar ought to have taken consideration the orders passed in SCA 16255 of 2006 on 4-8-2006 passed by Honorable Justice Jayant Patel of Gujarat High Court as the Court Order indicated that the Lis Pendens document cannot be ignored and the same ought to be brought to record so as to prevent hardship and multiplicity of legal proceedings. The said order was reported in my letters as well as on 3rd October 2007 to the City Mamlatdar due to her collusion did not apply Justice Jayant Patel’s said order and wrongfully made her Order on 9th October 2007. This primae facie indicates total lack of understanding and lack of appropriate skills of due diligence ,etc on the part of the City Mamlatdar.

6. Harekrishna Developers has misled the City Mamlatdar stating that my Civil Suit 5827/2001 has been disposed/dismissed and without verifying the facts , the City Mamlatdar has relied on the misleading statements of Harekrishna Developers and permitted the entry 5975 in favour of Harekrishna Developers by virtue of the Order passed on 9th October 2007. The City Mamlatdar has not obtained specific orders of the Bhadra City Civil Court that the Civil suit 5827/2001 pertaining to this particular property has been finally disposed off. This reflects incompetency of the City Mamlatdar as well as collusion with Harekrishna Developers and their advocates.

7. Pursuant to letter dated 30 May 2007, the City Mamlatdar had issued instructions to the Talati/Circle Officer to conduct detailed investigation vide their letter dated 5/6/07 vide RTS/RIV/vashi 2686 to carry investigation and make detailed report on the same.

However, the detailed findings have not been furnished to the undersigned in this regard before the Order was passed on 9th October 2007 in takrari nodh74/2007 by City Mamlatdar does not clarify as to the said instructions at all The copy of the order dated 9th October 2007 is once again produced as per link under:-

The City Mamlatdar ought to have made available the copy of detailed investigation report to the undersigned in view of my earlier correspondence so that I am given necessary opportunity to make my comments in this regard.The undue haste by City mamlatdar indicates undue favour to Harekrishna Developers and cause lot of hardship and multiplicity of expensive legal proceedings to me which I am not in a position to afford at all.

8. It is also necessary that the Collector gives instructions to the administration working under him so as to obtain detailed findings pursuant to email dated 4th October 2007 to Advocate A C Damani ( Advocate giving written opinion to Harekrihsna Developers) with a copy marked to Oriental Bank of Commerce and the Collectorate office. Neither Oriental Bank of Commerce nor has A C Damani has clarified which primae facie means that something is fishy. It is therefore , necessary to hold detailed inquiry in this regard.

9. It is also necessary that the Collector gives instructions to the administration working under him so as to obtain detailed findings pursuant to email dated 4th October 2007 to Advocate A C Damani ( Advocate giving written opinion to Harekrihsna Developers) with a copy marked to Auditor Hemant Kashiparekh of Span Medicals ,etc and the Collectorate office. Neither the auditor nor has A C Damani has clarified which primae facie means that something is fishy. It is therefore , necessary to hold detailed inquiry in this regard.

10. The issues narrated above are not the only one that are narrated here. There are many for lapses on the part of City Mamlatdar reflecting collusion with Harekrishna Developers and their advocates.