Land grabbing reported in Maharashtra
A letter by an aggrieved resident to authorities is being published here for the information of all concerned and also the NGOs, who so ever could take necessary action and help the aggrieved citizen of India.
President of india
Prime minister of india
chief minister of Maharashtra
Mid day news paper
To, Times of india news paper
Subject : Conveyance of housing society in Maharashtra where land grabbing in name of conveyance and Maharashtra cooperative societies act ,1960 and rules 1961 does implemented in practical .
We introduce our self as Shree Vivekanand Nagar co-operative housing society ltd situated at S.V.Road near KoraKendra Borivali (W) Mumbai 400 092 land mark opposite fly over bridge Maharashtra .we are REGISTERED SOCEOITY AS PER THE MAHARASHTRA CO-OPERATIVE SOCIETY ACT 190 AND RULES 1961 . our registration no is BOM/HSG 5894 of 1979 where 101 FLATS 8 SHOPS in our society, consist of 4 buildings and 7 wings society was build in year 1973 till late 1978 in two phase ,our society consist of 3 different plots which were amalgamation by the owner /developer as per the MOFA act 1960 all agreement are registered documents register with registrar of society
Our Owner / Developer Ms vivek developer as per the data available in our sale agreement s per the MOFA ACT 0f 1960 each individual flat .our original land owner Mehta’s and other who had sold for the entire consideration with all 3plots no final plot no 748,749,750 C.T.S no 805 and original plot no 428 .sold to Juthani and other in year1972 .again by sale of agreement same year 1972 Mr. Juthani and other by agreement of sale sold to M/s Vivek builders registered firm with registrar of firm .as M/s Vivek builder has registered adders office as 56 S. V. Road Borivali (W) Mumbai 400 092 Maharashtra .
As our society is registered and protected under the MOFA ACT 1960 ,from last few decade we are fighting and trying to acquire, procure conveyance of land of our society as registered society the owner developer has not transferred the conveyance rights to the as per the MOFA ACT 1960 after the society got registered in year 1979 with our any documents which has to be handed by the owner/developer to the registered society as per the MOFA act 1960
But this is to bring to your kind attention as nearly 80% of society registered in Mumbai does not have conveyance as developer /plot owner do not transfer the conveyance rights to the registered society it is common practice of the developer s and the land owner these deprive of the rights of the society
We had and are in process of land conveyance of our society since 1979 after the society registered got registered and after society was handed .our society committee in1983 were to had followed and applied for conveyance of society land through federation of society in Mumbai the owner /developer M/s Vivek builder and land owner Mehta’s and other did not transferred land conveyance nor did submitted documents related to the society offices bearer .
As we have not been submitted agreement copy between original land owner whose name appears on property card and Mr. juthani and other and agreement between Mr.juthani and other and M/s Vivek builder Agreement between M/s Vivek bulder and flat/shop owner is under MOFA act 1960 with certificate issued by solicitor /lawyer M/s Bhaishanker kanga and Girdharlal solicitor and notaries co having address Bhaikagi Maneckji Wadia building bell lane Mumbai 400 001
Sir it is request to you and your concern department to look into the matter as our registered society under Maharashtra co-operative society act 1960 ,rules 1961 our land conveyance are sold by the original land owner whose name appears on property card in conveyance with owner developer to individual fats/shops owner where individual flat owner rights are secured and protected under MOFA act as huge and hard earned money of individual flat owner has been put to build dream house and these builder /developer /owner transfer land conveyance rights to other builder with conveyances with corporation /land and revenue department /registrar office and make fabricated document s and sale the registered society conveyance and claim to be the owner of the land property where already they have sold long back year and now came for claim be owner of the plots as our land owner (whose name appear on property card ) sold conveyance rights and development rights with conveyance with the developer M/s Vivek builder to one m/s vas infrastructure ltd (public limited company listed in Bombay stock exchange )having registered address Jawala estate s .v. road borivali (W) Mumbai 400 092 Maharashtra in year 2010 this M/s vas infrastructure ltd had made indenture deed of conveyance with development rights (power of attorney form M/s vivek builder) once the ”DEEM CONVEYANCE “ and “cluster property “ was announce all developer started grabbing land to make huge profit on hard earned money of individual people and middle class family in Mumbai as well outside Mumbai in Maharashtra
Our land owner /developer M/s Vivek developer builder has signed indenture deed of conveyance and sold conveyance rights along with development rights and the developer /owner who is confirming part to these “indenture deed of conveyance “to the sale as per MOFA ACT 1960 once the society is registered conveyance has to be transferred to the registered society but here with help of different department and connivance with corporation land owner and owner/developer both sold the conveyance rights and development rights to M/s vas infrastructure ltd as its another way for land mafia and grabbing land .with my best knowledge this m/s vas infrastructure has more than 30 registered society has done this practice of grabbing land
After we heard of conveyance sold with no document with our society has filled criminal case against the original land owner and developer /owner in magistrate court borivali .Mumbai .as department of land revenue after filing caveat has transferred the property card in M/s vas infrastructure ltd as already DEEM CONVEYANCE as in process where the confirming party M /s Vivek builder itself has cancelled the power of attorney ,where the M/s vivek builder who”s name appeared on indenture deed of conveyance was not at all partner to M/s Vivek builder and did not have any rights to sign the important documents as the confirming party /Partner did not have any authorization for signature still with conveyed with all department with the registered the “indenture deed of conveyance “.
As we were in process of hearing at registrar office the authority was not responding to our matter for more then few hearing after we had to complain to the joint registrar about the same and in few week it was transferred to another authority .
During the processes of deem conveyance we had received the indenture deed of conveyance where it was registered deed in year 2010 with original land owner and owner/developer as confirming party where in entire proceeding M/s Vivek builder nor did the original land owner appeared only m/s vas infrastructure ltd appear as an intervener and proceeded the entire proceedings
It had been brought to the notice of the registrar (ddr ) that the confirming party which is signatories to the “indentured of conveyance was never authorized to sign not did was partner on that present day to M/ s Vivek builder and he had been long back retired in year 1977 form the company partner ship. Still the document got registered and was in to force at same time during the process of deem conveyance the confirming party M/s Vivek builder had already cancelled in year 2012 the power of attorney which was given by him in indenture deed of conveyance in 2010 .still the authority had not passed order of convey acne to the applicant society as society had already filled suit and criminal case against M/s Vas infrastructure ltd so in his order he has mention the same and application was rejected on these grounds
As in his order he has mention that applicant society has filed is eligible to get conveyance but due to above reason he cannot grant conveyance of land , the we have to file writ petition in high court which was admitted and expedited for hearing .
In order of registrar it was clear stated and mention about the manipulation of document and misinterpretation of things and managed by all department concerned .it has been already challenged but what about our owner ship rights ? when it will be decided and for how many long year to wait
As we have already constrain the m/s vas infrastructure ltd for using our FSI and TDR to any other place and securing our in as m/s vas infrastructure ltd had filed case against M/ S Vivek builder in city civil court during the process of DEEM CONVEYANCE of our society where m/s vas infrastructure ltd has put 2 different case for not to create 3rd party rights and development rights an managed to incorporate hi s name in property car as one of department authority is residing in his building adjacent to our plot with conveyances with different managed all things as It is common practice of all developer builder in Mumbai as on date
After filing caveat still department of land revenue and record managed to incorporate his name in property card .when the tile it was under challenged in court of law how can these types thing happened in our country and government department are blind folded and pay no heed to my knowledge it is common practice of land mafia with big shots and babus park their black money Our society is 40 year old an we are in processes of getting conveyance and fighting at our best ,with our hard earned money where 80 % registered in Mumbai are facing this situation this is my humble request to amend or make law against the mallified practice of selling of conveyance of land ,were in Mumbai itself the slum are tagged and protected by law that if these slums are staying in particular year then corporation or any department cannot demolish or take any action against them where we as member of society pay huge property tax ,municipal tax ,land revenue tax an many other charge and still are not the owner of land or get conveyance of the society this is the law were hard earned money put by individual person being wiped out merely conveyance is not there then why the chief minister has taken special drive of “deem conveyance” to make this miserable life of individual and at stage were all family member getting harassed in this manner
Its my request and make amendment some new law regarding conveyance of the land in Maharashtra or thought out India make same law and practice of the same when once society is formed automatically the conveyance right has to be transferred why to ask or file case for transfer of rights when itself MOFA act 1960 id it self is clear .then why this mallified practice
The best example of Campa cola where the flat owner are suffering due to negligence of corporation and developer /owner of the plot s and all concern department to sanction or grant permit ion why does always lay have to suffer and why not the authorities or concern department is responsible for doing it
Right of the flat /shoP owner are protected under the MOFA ACT 1960 then why it has been not implemented or acted upon year passes away but no result nor culprit is punished
As we authorized members are sending you for in our best interest and hope we will get prompt and effective response from your side
Waiting in anticipation of positive reply and quick action
IF ANY INCIDENT UNNATURAL HAPPENS TO ME OR MY FAMILY (ROAD ACCIDENT ,HIT AND RUN ETC) AS I AM RECEIVING THREAT FROM UNKNOWN PERSON ,ANY MANY UNKNOWN PERSON COMES IN OUR SOCIETY TO STOP MY WORK FOR CONVEYANCE OF OUR SOCIETY THEN ONLY AND ONLY ALL THE ABOVE PEOPLE ARE RESPONSIBLE AND HELD LIABLE FOR THE SAME
TUSHAR T JAVERI
MOBILE NO 91-9821132080
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