Panaji Police Inspector Rajendra Prabhu Dessai has in a written note
informed the Chief Judicial Magistrate Ashley Noronha that a preliminary
inquiry is being conducted into the cheating case filed against former
Chief Minister Manohar Parrikar and Nilesh Amonker Managing Partner of Apex
Computer and Engineering Services.
As the police sought further time the Court has adjourned to March 13th the
petition seeking directions seeking to register an F.I.R against Manohar
Parrikar and Nilesh Amonker.
In a complaint filed on 6th February at the Panaji Police Station it has
been alleged that Manohar Parrikar and Nilesh Amonkar committed offences
under Sections 420, 406, 409 read with Section 120-B of the Indian Penal
Code by having criminally conspired, cheated and caused loss to the State
exchequer in the fraudulent renting of office premises at ‘Spaces’ and
‘Kamat Towers’ at Patto Plaza at a very exorbitant annual rent of over Rs.
5.5 crores.
It has been also sought that the police be directed to promptly
investigate the case and that the Court monitor the investigation as the
accused Manohar Parrikar and Nilesh Amonkar are politically well connected.
The Court’s attention has been drawn that Manohar Parrikar by a note moved
on 26.11.2012 directed that readymade premises of around 3000 sq. mts be
hired to accommodate government offices but surprisingly on 25th February
2013 an altered and tailor made advertisement was issued calling for
Expression of Interest for office space of 6000 to 7000 sq. mts on Hire
Purchase basis for which besides Nilesh Amonker the only other valid bid
being of Prudential Group Real Estate Developers owned by Nilesh Amonker’s
brother-in-law Gaurang Sinai Suctancar
It has been alleged that Manohar Parrikar and Nilesh Amonker criminally
hatched a conspiracy with dishonest intention for their sole benefit and
that on instructions of Manohar Parrikar, the Government high-handedly
deviated from Hire Purchase and surprisingly instead took Nilesh Amonker’s
premises on a three year locked rental agreement extendable by another
three years with a 3.5% annual increase in rent.
If the premises were not being taken on Hire Purchase as was advertised it
was required to re-advertise as Government was deviating from the original
advertisement. It was specified that the area of 6000/7000 sq. mts should
be in one building or in two adjacent buildings. Nilesh Amonker offered
5434 Sq. mts. in the building ‘Spaces’ and 613.25 sq. mts. at ‘Kamat
Towers’ but factually ‘Kamat Towers’ is not adjacent to ‘Spaces’ as was
required.
The government committee which inspected the premises found that the actual
floor space offered at ‘Spaces’ was only 3320.98 sq. mts. and not 5434 sq.
mts. as wrongly stated by Nilesh Amonker in his bid.
Before renting the premises from Nilesh Amonker there was no attempt to
identify other government owned available premises and renting the premises
was a well stitched neatly planned plot orchestrated by Manohar Parrikar to
solely and unduly benefit Nilesh Amonker.
The Government from 1st November 2013 leased from Nilesh Amonker 4841 sq.
mts which includes the 925 sq. mts. of the parking space in the basement of
the building ‘Spaces’ and 613.25 sq. mts. at ‘Kamat Towers’ for a monthly
rent of Rs. 42,92,904.80 without the required rent rate reasonability
certificate from the Public Works Department (PWD).
Nilesh Amonker has already been paid a whooping Rs. 5,50,10,537.60 (Five
crores fifty lakhs ten thousand five hundred thirty seven rupees and sixty
paise) as a year’s rent while the premises remained unused. While in all
private premises rented the owner pays the municipal taxes, for Nilesh
Amonker the Government showered further unheard of generosity by footing
even that bill.
Though the real estate market in Goa is in utter dumps with office space at
Patto just around Rs. 450 a sq. mt, the govt with criminal and malafide
intent despite being cash strapped recklessly rented premises at Rs. 650 a
sq. mt. while also pouring in crores of rupees on furnishing those premises
only to benefit Nilesh Amonker.
The Supreme Court has held that the cloak of office cannot be a shield to
commit crimes and claim immunity especially in an offence under Section 420
of IPC. Manohar Parrikar and Nilesh Amonkar need to be brought to book in
this multi-crore fraud on Goa’s tax payers.
Aires Rodrigues
Advocate High Court
C/G-2, Shopping Complex
Ribandar Retreat,
Ribandar – Goa – 403006
Mobile No: 9822684372
Office Tel No: (0832) 2444012
Email: airesrodrigu...@gmail.com
Or
airesrodrig...@yahoo.com
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