From: b sabha <bcsabha.kal...@gmail.com>
From: Charles D'Sa <charlesds...@gmail.com<mailto:charlesds...@gmail.com>> From: G R Vora <grvo...@gmail.com<mailto:grvo...@gmail.com>> To: BMC Mun Comm <m...@mcgm.gov.in<mailto:m...@mcgm.gov.in>> Cc: Act_Kamlakar_Shenoy <shenoykr2...@yahoo.co.in<mailto:shenoykr2...@yahoo.co.in>>, Email Petiton Group <petitiongr...@googlegroups.com<mailto:petitiongr...@googlegroups.com>> To, 27.8.2016 Shri Ajoy Mehta, Municipal Commisioner, BMC Head Office, Room No. 46, Old Bldg., 1st Floor, Mahapalika Marg, Mumbai – 400001. Dear Mr Ajoy Mehta, At the outset I wish to state that my submissions below are with due respect and all humility, with no intention to cause hurt and injury to any individual and /or institution, but only in the interest of public at large. In the event, if my submissions are incorrect, I shall be obliged if your office can educate me by furnishing relevant documents in support. Without prejudice to my rights and contentions I submit as under. Subject :-- Your following improper conduct, brought to your notice by activist – Mr Kamlakar Shenoy (Cell No. 9870987359, E-mail : shenoykr2...@yahoo.co.in<mailto:shenoykr2...@yahoo.co.in>), which holds the Mumbai citizens to ransom :-- a. Turning a blind eye to illegal construction, (in almost whole of Mumbai) b. Turning a blind eye to sub standard roads which endangers life and limbs of citizens. (almost whole of Mumbai). c. Awarding roads and bridges contract to tainted contractors even after having knowledge of sub standard work carried out by tainted contractors. ( Hon. High Court cancels a contract too). d. Inaction against encroachment on roads and footpath by erecting shops making the roads and footpaths impassable and endangering life and limbs of the citizens. (e.g JJ hospital to Akbar Peerbhoy college, Crowford market to Bhendi bazar, Bhendibazar to Char null, Y.M. road and many others in Mumbai) e. Deficiency of service, permitting illegal occupation of premises without valid occupation certificate. f. Permitting illegal construction in Dongri, Pydhonie, Bhendi bazaar (Mumbai 400004, 400008, 400009 ) and no remedial action against such illegal constructions and BMC officers. g. Aiding the illegal buildings constructed on the plots reserved for public amenities. e.g Plot no. 746, Stanley Fernandes Wadi, Near Catering College , Prabhadevi, Mumbai-25. (Copy attached no. 1) h. Shielding the Ex Municipal Commissioner and officers of BMC who illegally i. Reduced the Play Ground space from 2006 to 1283 Sq.mtrs without authority at Dasturwadi, Dadar E. ii. Issued occupation certificate without Play Ground and Recreation ground as per sanctioned plan iii. Issued occupation certificate when the construction carried out in not in accordance with sanction Plan. (Copy attached no. 2) i. Spending of tax money to pay lawyers / Sr. Counsels’ fees and shield the BMC officers against whom FIRs are registered for committing offences which have no connection with discharge of official duty. j. Many other illegal acts brought to your notice by activist – Mr Kamlakar Shenoy. Reference : -- a. Your statement in Mumbai Mirror dt. 8.8.16 that BMC will not allow housing industry to be held to ransom. Avoiding meeting citizens and denying to provide the visitors book disclosing how many ordinary citizens are given appointment. b. Meeting tainted developers by making them sit in VIP lounge on 4.7.2016. c. Denying the request to get the queries raised by whole of Building Proposal Dept, (City) from Sr. Counsel and UD Department. Please wake up Mr Ajoy Mehta :-- In the larger interest of citizens you need to justify your following acts done as Municipal Commissioner of Mumbai :-- 1. Your statement to Mumbai Mirror newspaper : “BMC will not allow housing industry to be held to ransom.” However, you have :-- a. …. not denied nor gave any clarifications on the issues raised by me and building proposal department about the illegal opinion given by legal department b. ….. not clarified illegal sanction of building without compliance of section 39 and 92 of MRTP act, which deprives the citizens of basic amenities such as Municipal theatre. 2. Please give your clarification as to why you have held the ordinary citizens to ransom on the issues raised herein above. What action have you taken to remove the above illegalities which hold a ordinary citizen to ransom. 3. I say that you should also clarify whether your office works for rich and powerful society or for common man at large. If so why have you not provided list of visitors you have met since you took as MC. 4. You shall clarify whether you Mr. Ajoy Mehta can hold to ransom all the citizens of Mumbai who pay you salary and extra ordinary perks by being a silent spectator with dishonest intentions to shield the following :-- a. …. the developers who loot the common man i. by charging 80 % loading on carpet area. ii. By illegally charging on floor rise. iii. By illegally charging heavily to parking space free of FSI iv. By illegally converting the parking space into residential and commercial premises v. By delaying possession of flats for 5 to 10 years even after receiving 95% of the consideration. vi. By illegally parting possession of flats without valid occupation certificates. vii. By grabbing the plots reserved for public amenities. viii. By committing FSI violations by constructing illegal floors. ix. By collecting development charges/ infrastructure charges/ club charges x. By depriving the citizens of Play Ground and recreation grounds. b. ….. the encroachers on roads and footpath endangering life and limbs of citizens. i. By permitting shops and illegal commercial premises on whole of footpath and many other roads. ii. Constructing gardens on footpath and depriving the pedestrians of safe walk iii. By constructing island on roads to facilitate politicians to hang their photos in spite of the roads being jammed due to heavy traffic. iv. Permitting politicians to construct newspaper library on roads and footpath. B ward in particular. v. c. … tolerate sub-standard standards roads and footpaths i. Tar roads having life of 5 years are out of shape in 3 to 9 months and in the 1st rainy season. ii. Concrete road having 30 years of life give up cracks, there is no water table, no meridians, no smooth surface, and water logging on new roads. The cracks appear on concrete roads within 1 year. ( please the work of Shivdas Chapsey concrete road constructed in the year 1992) iii. Water logging on the sides of road and divider splashing the waters on the car wind screen thereby endangering life and limbs of citizens iv. Man holes and utility chambers going deep in or coming high above thereby endangering life and limb of the citizens. v. Footpaths paver blocks giving way with 3 months of installing, inspite of the life being 5 years vi. Pot holes filled are back to original by just one rain fall. vii. The roads and footpath reconstructed and repaired is not inspected and certified stating that the construction is carried out as per specifications d. … tolerate sub-standard Byculla Lalbaug bridge and eastern freeway i. There is no life span mentioned in the contract. ii. For bridges with life span of 100 years the BMC only has 5 years Defect Liability period. What a unfortunate application of mind. iii. The concrete roads on the Eastern freeway having life of 30 years have been wading off within 3 months of the inauguration of roads. iv. There is no inspection report and documents which confirm that the work is carried out as per specifications. e. … not acting against those officers who have caused losses of hundreds of Crores of Rupees and also against whom 250 cases are registered by BMC. 5. …. failed to reply to any of my letters on the grounds that these letters are not on record when in fact these letters have been sent by mail to your office. ( copy attached) 6. …. clarify why Road / bridges contracts were awarded to tainted contractors (refer my letter dt. 15.7.16 addressed to you and sent by mail) Attached No. 7) 7. … delay to register FIR and black list the tainted road contractors from 3.12.15 to 16.5.16. 8. I say that the chart submitted by the Chief Engineer in his submission (which discloses at page 113 top on right side) clearly discloses the knowledge of the BMC Municipal Commissioner and all other senior officials of roads and bridges about the sub standard work and materials used in the construction and repairs of the roads, and their intentions to black list such contractors. The said observations are made from the following date sequence as stated by BMC in their reply a. 16.10.2015: direction to examine the details of complaints by Poonam Mahajan ( M.P.). (pg 104 para 7) b. 3.12.15: MC order dt. 3.12.2015 clause 2 directs the process of blacklisting of contractors and registration of FIR.(page 108 para 1) c. 10.12.15: notice and communication to contractors. (Pg 108, line 1) d. 24.02.15: report filed by two member committee. page (104 para 7) e. 1.4.2016: Addl. Municipal Commissioner submits detailed report (Pg 104 para 8) f. 18.04.16: Municipal Commissioner directs Addl. Municipal Commissioner to submit report for action taken. (Para 9) g. 20.04.16: Addl. Municipal Commissioner submits detailed report.(para 10) h. 25.04.16: Municipal Commissioner issues detailed order on report dt. 20.4.16 of Addl. MC. (para 10) i. 27.04.16: FIR registered against contractors and third party Quality auditors at Azad Maidan. (para 10) j. 16.05.16: Faulty show cause notice issued to contractors. (Para 11) k. Chief Engineer submission (attached no. 8) You were seized with knowledge about the substandard work of the tainted contractors, before granting of 4 road contracts to these tainted contractors. 9. You and the officers of BMC were aware of the sub standard work by the contractors and that these contractors would be black listed a. when DL to M.S. signed in favour of the accused tainted contractors on 4.05.16 b. Standing Committee Resolution was passed on 4.05.16 in favour of the accused tainted contractor. Willful delay to register FIR and issue show cause notice since 3.12.2015 by your Office 10. I say that it is pertinent to note that a. The Municipal Commissioner directs on 3.12.2015 to start the process of black listing the contractors. He has also directed to register FIR. However, no FIR was registered for reasons best known to Municipal Commissioner, nor is there any document disclosing Municipal commissioner has taken any action against any BMC officer for disobeying the direction to register FIR. Deliberate act of Municipal Commissioner to black list the Road contractors without serving show cause notice. 11. The direction to start process of black listing against the six road contractors were given by Municipal Commissioner, without giving any opportunity to the accused tainted contractors, with dishonest intentions, to provide these accused tainted contractors an opportunity to move the Court and get stay on his order passed on 3.12.2015 and thereby further delay the actual process of black listing of tainted road contractors. By such delay the accused contractors could make themselves eligible to get the contracts of the four projects, (which has been now cancelled by the Hon. Bombay High Court ) on technical grounds that as on the day of the awarding the contract there was nothing adverse on record against the tainted contractors. 12. The intention of Municipal Commissioner, not directing issuance of show cause notice before passing a order to black list the accused tainted contractors is because that if the show cause notice was issued in accordance with law, in that event, the process of declaring these contractors’ as black listed would have been completed immediately prior to the 4 contracts being awarded in April / May 2016 and this would have prevented the Municipal commissioner from awarding these contracts to these contractors as these tainted contractors would have been debarred from participating in tender process. 13. It is pertinent to note that when there is mass scale corruption and sub standard work done why Municipal Commissioner failed to direct the inspection of all the roads and restricted to only 15%. This act of the Municipal Commissioner should be investigated as it prima facie discloses dishonest intentions. 14. Inaction to register FIR and issue show cause notice for two months between 24.2.2016 and 25.4.16, the File was just moving between the office of Municipal Commissioner and Addl Municipal Commissioner. I say that there are sufficient grounds for Municipal commissioner to again direct registration of FIR and issuance of show cause notice, but was not done i.e. a. After the direction of preliminary enquiry on 16.10.15 and the report filed by two members committee on 24.2.16, show cause notice should have been immediately issued. b. Since 24.2.16 to 1.4.16 it took 35 days for Addl Municipal Commissioner to file report on the findings and submission made by the two member committee, i.e. on 1.4.16. Surprisingly, the report submitted by Addl. Commissioner after lapse of 35 days, did not mention what action is to be taken against the contractors. In such sensitive cases, the inaction on the part of Municipal Commissioner is a serious lapse. c. As the Addl Municipal Commissioner did not submit on 1.4.16, what action is to be taken, the Municipal commissioner could not decide what action is required to be taken for 18 days. And sent back the file to Addl. MC on 18.4.16. It took 18 days for Municipal Commissioner to return the file to Addl MC requesting what action is required to be taken. It is pertinent to note that on 3.12.2015 Municipal Commissioner has directed black listing of contractors and registration of FIR, but was unable to take a decision thereafter. d. On 20.4.16 Addl MC submits report to Municipal Commissioner of action to be taken. e. On 22.4.16 the noting of DL to MC is submitted wherein it is stated at annexure A para 3 ( C) that “ contractor has carried out work satisfactorily.” Ajoy Mehta Municipal Commissioner signs and makes a false observation in favor of tainted contractors. (Attached copy of the DL to MS no.8) f. However, at the time of signing the DL to MS on 22.4.16 the Municipal Commissioner had knowledge of i. his directions against these 6 tainted contractors since 3.12.15 to black list the contractors and to file FIR ii. The report of the two member committee against the tainted contractors. iii. The earlier report submitted by the Addl. Municipal Commissioner against the tainted contractors. iv. The report sent by Addl. MC on 20.4.2016 i.e. just two days before. g. 25.4.16 MC directs registration of FIR. However fails to direct to issue show cause notice for black listing the contractors and third party auditors. h. Fails to direct cancellation of contracts awarded to tainted contractors. i. On 27.4.2016 FIR registered at Azad Maidan police station. Sir, I humbly submit you to justify the above inactions and that all these acts were done in the interest of public at large. The documents referred to in the above letter are uploaded on this link for your easy reference : https://app.box.com/s/k5iog0xonc527sv8mdluujj9bludt8hp Thanking you. Yours truly, G R Vora Plot 275/3, Gope Nivas, Sion E, Mumbai – 400022 Cell: 09869195785 ================
