Sunday, December 01, 2013

Irshya devi(the goddess of Jealousy) gets hold of Anna Hazare who is doing all in his power to harm Arvind Kezriwal.

Irshya devi(the goddess of Jealousy) gets hold of Anna Hazare who is doing all in his power to harm Arvind Kezriwal.
Kanpur- 01-12-2013---by Robby Sharma-sharmarobby1@gmail.com
Irshya Devi the Goddess of Jealousy is the most benefic and most harmful Goddess at the same time.
All the Ills and all the Sins committed by Mankind are under her influence. Human beings just cannot help but be jealous of everyone who gets ahead of them.
          At the same time all the cases of Corruption coming to light are also due to the  influence of Irshya Devi as those who do not get the share of the Corruption money in a given deal are going to the press and spilling the beans so both bad and good things in  life can be attributed to Irshya Devi.
          The latest victim of Irshya Devi is Anna Hazare, who has become  so jealous of the fame of Arvind Kezriwal that he is not leaving any stone unturned and is bent upon harming Arvind and issuing all sorts of interviews and messages maligning Arvind and his AAP.
I was also fooled by Anna Hazare for a very very short time during his Lokpal Agitation, which too was the brainchild of Arvind Kezriwal, who brought Anna Hazare on the International Platform by letting ANNA hog all the lime light of the Agitation, other than in Maharashtra, who else knew Anna Nationally what to talk of Internationally?
But one day I heard Anna Hazare on TV proudly proclaiming that he was such a Sanyasi and he was so honest that he did not even know the names of the children of his family members who lived in the same Village. This gave me a shock of 4400 volts because this was not a quality he was boasting about but indeed it was a shameful admission and showed the Man’s arrogance.
From then on I was sure that this Man from India’s western Ghats was going to harm Arvind one day and he has chosen just before Polling in Delhi to unleash all his missiles on Arvind. I hope Anna suffers Gods wrath for his evil deed.

Any way I am going to Install a Portrait of Irshya Devi in my Bhrasht Tantra Vinashak Shani mandir. I have requested Shashikala and Bindu to give their No objection if I use their face for the Portrait / Statue as this Omni Present Irshya Devi (goddess of Jealousy) is not mentioned in the Hindu scriptures so there is no description of her anywhere. 

Wednesday, June 05, 2013

REAL ESTATE(REGULATION & DEVELOPMENT) BILL 2013 how the Central Government has let free the Builders to loot the general public.

REAL ESTATE(REGULATION & DEVELOPMENT) BILL 2013 how the Central Government has let free the Builders to loot the general public.
The one most important thing which the Government has deliberately omitted to take in to account is the date of creation of the undivided interest of the Flat seeker  in the land and common area of the project . The government ought to freeze the f.s.i of the builder to the date on which he accepts the first payment from any flat seeker in his project. In order to understand the matter more clearly, the readers may read the following Example. In short the undivided interest in Land & common areas of a project comprises in general 50 % of the cost of the Flat and in posh localities as much as even 95 % and more. For example if the F.S.I is say 1.5 and the cost of the Land in say greater Kailash in delhi or say Pali Hill in Mumbai is say Rs. 5 lakh per square meters (At present the cost of the best of construction is only Rs. 15 thousand per square meters). So on a Plot of say 1000 square meters , based on the F.S.I, of 1.5, the covered area will be 1500 square meters. divide it in to fifteen flats of say 100 square meters each. Now the total cost of the flat wil be 1000(plot area) X 500000 (land cost)+1500 (covered area ased on 1.5 F.S.I) X 15000 (cost of Construction per square meter) divided by 15 (No. of Flats) =Rs 34833333=00(three crores forty eight lakh, thirty three thousand three hundred thirty three). Now each flat owner will own interest in land and common areas of the project to the extent of 1000 sq meters divided by 15 flats =66.66 square meters which @ 5 Lakh per square meters will be worth Rs. 33333333=00 (three crores thirty three lakh, thirty three thousand three hundred thirty three). The remaining 15 lakh being the cost of the construction of flat @ 15000/= per square meters so the interest of flat owner in the land & common areas of the project is 95.69 % of the total cost of the Flat. Now except for Maharashtra no other State has tried to safeguard this interest of the Flat owner and even in Maharshtra, it has not been done from the proper stage. What they provide is that the Builder cannot construct any additional unit unless he seeks N.O.C of all the Flat owners, now that on first sight looks okay but it is not so because this protection is given only after registration of agreement which is either midway or at Completion time. Now take the general Scenario where at the time of sanction of the Project Building Plans, the F.S.I applicable is 1.5 in the above example and the builder start selling the flats keeping a healthy profit for himself based on the F.S.I available and cost of Land suppose he sells the flats at Rs. 4 crores each thereby earning a profit of 4 crores  minus 3.4833 crores cost=0.5167 crores per flat or 7.75 Crores on the project of 15 flats. It is to be clearly understood that the Builder adds his profit from day-one and all his calculations are based on the initially available F.S.I only.
Now suppose the builder Lobby collects say one thousand crores bribe and pays it to the concerned Minister & officers of the state or the center and manages to increase the F.S.I to say 2.00 midway through the project now he gets to build an area of 2000 square meters instead of the 1500 square meter at which he started his project or in other words he gets to build 5 more flats so instead of 15 flats he now gets to sell 20 flats @ 4 crores each and makes 10.334 crores profit instead of the 7.75 Crores and in the bargain the share of undivided interest of each flat owner in the project Land & common areas comes down to 1000 Sq meter divided by 20= 50 square meters worth only Rs. 50 X 500,000=00=2.5 crores only instead of 3.3333 crores his interest was originally worth so each flat owner suffers a loss of Rs 83 lakh. I have been researching the subject for more than twenty years and I have found that even 5 % of flat owners do not take this most important aspect in to account while buying the flat. I met Sri Shankar Agarwal the Principal secretary Housing of U.P.in about 2008/09 and even he admitted that his own builder in NOIDA had sold more Flats than planned and that he was not aware that he had lost money on account of diminishing of his interest in the common areas and Land of the Project. Most surprisingly this very same Housing Secretary , within a month or two of my meeting with him increased the F.S.I in the State of U.P from 1.75 to 2.5 to even 3.75 & more. Now he and his minister may have got a few Crores from the Builder Mafia but he caused a loss of lakhs of Crores of Rupees to the Flat owners in the then ongoing Projects.
Now in the above example case if the F.S.I was increased to say 3.0 instead of 1.5 then the Builder would get to build thirty flats instead of fifteen and thus make a profit of Rs.15.5 Crores instead of 7.75 Crores and each Flat owner would own  only 33.33 Square meters Land in the project worth Rs.1.66 Crores instead of 3.33 Crores originally thus a little less than 50 % of his investment will be wiped out without his knowing. Now if the Building were to fall down in say an earthquake then each Flat owner will own onlyRs.1.66 crores worth interest in the bare Plot.
So how can this fraud be prevented ?
Very simple –by freezing the F.S.I of the Builder in the Project to the F.S.I initially sanctioned for the project or to the time of acceptance by him of the First advance from the first Flat seeker in his project.
Or in other words any Increase in F.S.I. if needed to make affordable housing available , should not be extended to the ongoing Projects in which selling of Flats has already commenced.
Robby Sharma
Kanpur
Mob-919415438326,919235844258
Email-sharmarobby1@gmail.com

Blog-sharmarobby.wordpress.com

Monday, April 16, 2012

prohibition on overloading of Trucks will destroy the Economy of India.

R o b b y S h a r m a 865, Block-B, Panki Freelance Research Scholar Kanpur—208020 U.P. Town & Country Planning Problems INDIA

& Land Acquisition Act Ph:9235844258;9415438326

email.sharmarobby@hotmail.com Blog-http://sharmarobby.wordpress.com;

How prohibition on overloading of Trucks will destroy the Economy of India.

To Sri Manmohan Singh Ji 15-04-2012

Prime Minister of India:

Sir all that glitters is not Gold, similarly most of the Laws now being made in India are bad and in fact are counter productive.

There is a Myth that overloading of trucks is hurting the economy very badly in fact the opposite is true. Stop Overloading and your economy will suffer very badly as India is a Oil importing Company sorry Country.

It is proven fact that a Truck sanctioned to carry 9 tonnes can carry Eighteen Tonnes i.e. double and only about 25 % of fuel will be consumed extra. So you are saving 75 % of fuel.

Initially when Trucks were being manufactured in India at around 1950-60, the Trucks could not carry more load but later on with Steel heads coming in to vogue the problem was solved. The two major Truck Producers in India namely TATA & ASHOK LEYLAND due to fierce Competition amongst them produced Trucks of so fine a Quality that they could easily carry more than double the Loading capacity by weight but till about 1975, Tyres were the only problem because taking advantage of the shortage in this sector , the Tyre Companies formed a Cartel and produced very substandard Tyres in India till MODI GROUP entered the Field and started producing high quality tyres, forcing the rest to follow.

Since then the Trucks can easily carry even two and half time than the registered laden weight but to sell more trucks the Truck Companies are deliberately not giving “F” forms for the increased load carrying capacity with the result that the Truck which can easily load 20 Tonnes is sanctioned by Transport Authority to carry just 9 tonnes.

There is another Myth that Overloading of Trucks is responsible for majority of Accidents. In fact the opposite is true, In case of Overloaded Trucks, the Drivers, drive more slowly and carefully and thus more safely to protect the Tyres from overheating.

In fact high speed is the major cause of accidents in the Country and under loaded Trucks (and Buses) are driven at high speeds and recklessly causing millions of accidents, Therefore Speed is the main culprit for causing so many accidents and not Load. Seeing the high density of population in India, there should be a maximum speed limit of fifty Kilometers per hour on Highways and only Forty Kilometers (Thirty Kms in crowded parts) in Cities. Those crossing this limit should be publicly flogged (monetary fine will only increase the Corruption” .The Traffic Policeman in case he indulges in corruption in such matters should be immediately sent to Jail for three years and his service terminated. All you need is good and fool proof Devices for catching Speedsters.

There is another Myth that Overloaded Trucks damage the Roads. This may happen as we in India do not have proper Road Rollers, We need much heavier ones than the ones we have. If the Road is rolled over with a Road Rollers having say twenty Tonnes of Axel weight then Trucks carrying lesser Axel Weights can easily Ply. The problem is that we Roll the Roads with small rollers of say ten Tonnes (with less than six tonnes of Maximum Axel Weight) and then Trucks of more Axel Weight may damage it. Roads in India being mostly made by Stone and Tar are mostly damaged by RAIN as it water (specially water logging) is the Enemy of Tar. So better Roads of Concrete / Modern materials , rolled with very heavy Road Rollers are the need of the hour.

Now the question of breakdown of Trucks on account of overloading has to be addressed .In this connection if Roads are smooth and the Speed (rather than weight) is controlled then this problem will not be there. More wear and tear results in more production of Spare parts and thus generates employment for millions of Workers and Mechanics.

It will be in the interest of a Fuel scarce Country like India to force the Truck Manufacturers to give a more Load bearing “F” form so that the official Registered Laden weights of the Trucks can be increased to a more realistic level say about twice the present laden weight. Do this and Roll your Roads with heavier Road Rollers and fix speed limit of fifty Kilometers per hour and strictly punish Speedsters. You will be able to reduce the accidents and save about forty percent on diesel Import Bill.

Rest assured that the Tyre Companies will meet the challenge and the most critical load bearing component i.e. Tyres will not be found lacking in Quality, the Trucks are already of so high a quality that they can carry twice the Weight than now at no extra cost at all, what ever the Manufacturers lack is already taken care of by the Vehicle Owners, who increase a few leaves in the Springs and give the extra tension require to the Spring a practice which they have been following since decades.

Remember only drastic ideas can change the destiny of Countries no matter how unpleasant they may sound

(Robby Sharma)


Wednesday, October 26, 2011

WINDFALL FOR THE OFFICERS OF THE NATIONAL CAPITAL REGION PLANNING BOARD

WINDFALL FOR THE OFFICERS OF THE NATIONAL CAPITAL REGION PLANNING BOARD

Posted by Robby Sharma on 26-10-2011

The Allahabad High Court full Bench while deciding the greater Noida and Noida Extension-NOIDA Land acquisition cases on 21-10-2011 has issued a direction which will enrich the officers of the NATIONAL CAPITAL REGION PLANNING BOARD beyond their wildest imagination. The Builders in order to get their projects approved will have to get the Master Plan 2021 of NOIDA approved by the NCRPB and every one knows that the NOIDA Authorities are not going to grease the palms OF THE NCRPB officers for the purpose so it is but natural that the BUILDERS will be forced to step in. Rest assured the NCRPB will approve all the projects as in India everything everyone is for sale.The relevant direction of the Allahabad High Court is as follows:-

Reserved on 30.09.2011.

Delivered on 21.10.2011.

Group-1 (Writ petitions relating to village Patwari)

(1)Case :- WRIT - C No. - 37443 of 2011

Petitioner :- Gajraj And Others

Respondent :- State Of U.P. And Others

With

(2)Case :- WRIT - C No. - 48089 of 2011

Petitioner :- Meghraj Singh And Others

Respondent :- State Of U.P. And Others

With

…..

……….

……………some five hundred other cases

“5. The Greater NOIDA and its allottees are directed not to carry on

development and not to implement the Master Plan 2021 till the observations and directions of the National Capital Regional Planning Board are incorporated in Master Plan 2021 to the satisfaction of the National Capital Regional Planning Board. We make it clear that this direction shall not be applicable in those cases where the development is being carried on in accordance with the earlier Master Plan of the Greater NOIDA duly approved by the National Capital Regional Planning Board.”

…………..

Dated: 21.10.2011

The judgment of the Allahabad High Court although correct in dismissing the cases filed years after the Acquisition is very very strange indeed with regard to cases where the Builders carried on developments in spite of status quo orders of the Court. The Court has ignored the contempt of its own orders and given no relief to the Writ Petitioners of these Writ petitions. Satish Mishra is indeed a great fixer of Judiciary and that is the only reason that he is so close to Mayawati ji.

This Judgment , by which relief has been given to builders and Allottees of plots solely on the ground that they are third parties and as such third party rights need to be protected. Now what this Judgment means is that some dacoit can rob you and then sell your property to say ten people and when the Police catches him then you will not get back your property as third party rights have been created by the robber selling the goods to these ten people. Now is it what actually happens? Answer is …. No. In such cases the Police even arrests the buyers of the stolen property. So indeed the Judgment is ridiculous. So what should have been done is that the Land which was fraudulently acquired (stolen) from the land owners, who did not take any compensation should have been restored back to the owners (irrespective of the fact that 60% or even 90 % Land owners had accepted the Compensation) and the Builders and Allottees of NOIDA Authorities should have been given the option of recovering their damages from the NOIDA/Greater NOIDA Authorities and the Court fee for the purpose should have been hoisted on the NOIDA Authorities. That would have been Justice.


Thursday, September 29, 2011

PRANAB MUKHERJEE & his Oath to Support his UPA GANG

PRANAB MUKHERJEE & his Oath to Support his UPA GANG

Posted by Robby Sharma on 30-09-2011 sharmarobby@hotmail.com

Main Pranab Mukherjee, Ishwar ko Hazir Nazir maan kar yeh kasam khata hoon ki :-

1. pichale dino jo maine 25-03-2011 ko apne UPA gang ke anya Sadasya Chidambram ke khilaf 2 G mamle mein ek note likh diya thaa who vastav mein maine is prakran mein apna hissa na milne ke karan likh diya tha.

2. Ab mere Gang ki leader Sonia Ji aur Deputy leader Manmohanji ne is prakran mein mera hissa mujhe de diya hai atah aaj ke baad main puri nishtha se apne UPA gang ki bhalai ke liye kaam karoonga tatha UPA Gang ke karya arthaat Bharat desh ko puri tarah loot kar iski samast Daulat apne UPA gang ke sadasyon mein baatne mein poora sahayog karoonga tatha puri nishtha se is kaam ko anjaam doonga. Kisi khas va Aam ko is mein jara bhi sandeh nahin hona chahiye.

3. Apne pure hosho havas mein main yeh bayan karta hoon, ishwar meri madad karein.

English

I Pranab Mukherjee swear on God as hereunder:-

1. That recently on March-25-2011 I had drafted a note against

my fellow Gang Member Chidambram due to Non Receipt of my

share in 2-G scam.

2. That now the leader of my UPA Gang Soniaji & deputy Leader Manmohan Ji have given me my share ,therefore I take oath to work for the welfare of my UPA Gang with full sincerity and give my full cooperation in the Gang’s objective of Looting Bharat and dividing all its wealth amongst the Gang Members of the U.P.A Gang. No person whether poor or Rich should have any doubt about it.

3. I have given the above statement in a very healthy and wealthy state of mind. So help me God.


Tuesday, September 27, 2011

Son Born to a Eunuch-Hijre ko Beta paida hua hai

Son Born to a Eunuch-Hijre ko Beta paida hua hai

Posted by Robby Sharma on 28-09-2011 sharmarobby@hotmail.com

Yesterday the Central Bureau of Investigation (C.B. I ) of India has pleaded in The Supreme Court that it is a Autonomous Organization as such the Central Government can not force it to probe the Role of P. Chidambram in the 2-G Scam.

So finally a Son has been born to a Eunuch and CBI has delivered Chidambram’s Son. It is indeed the event of the millennium.


Sunday, August 21, 2011

Anna Hazare Ji Beware of False Prophets (God men)

Anna Hazare Ji Beware of False Prophets (God men)

Posted by Robby Sharma on 22-08-2011

Feedback -- sharmarobby@hotmail.com

Respected Anna Hazare Ji Please beware of False Prophets and so called God Men as they are none other than Corporates and the only difference between them and other Corporate Sector is that the Corporate Sector pays taxes while these False Prophets and so called God Men do not pay any taxes.

Please remember that they have made an appearance after seeing the massive Crowds gathered in your Support since early Morning on Sunday. They may be the agents of the Government and please understand that they neither have the good of the Country in their hearts nor your welfare. They are also very jealous of your popularity, had they really cared about the Country, then instead of just visiting you in Jail, they would have given a call to their followers to fill the Jails on the day of your arrest itself and should have gone to Jail themselves. Please also understand that you live in a Room of 8X10, while their Bathrooms are five times bigger than your Room and their Bank Lockers are even bigger.

Please remember I have never seen a God Man in India kick out any Bureaucrat or politician saying that “you are corrupt” instead they are given VIP darshan and special Ashirwaad and in turn they get Crores of Rupees, Land for their Ashrams and standing instructions to the authorities to look after them. Have you seen a single Ashram with a Board asking Politicians and Bureaucrats (all of them are corrupt, even the Supreme Court has said so) to stay out, Very soon you will see a Shani Mandir with such a Sign Board.


Saturday, August 20, 2011

Aruna Roy and Her Lok Pal Bill


Aruna Roy and Her Lok Pal Bill

Posted by Robby Sharma on 20-08-2011

Please respond to sharmarobby@hotmail.com

1. The latest news is that Ms Aruna Roy has come forward with another Lok Pal Bill and she claims that Anna and his team are not the only Civil Society in India.

2. Well Aruna Roy Ji I would like to tell you that the people of India will recognize the Team Anna as the Civil Society of India because they have been advancing the cause since long and their team Members have gone on fast and endangered their lives not once but several times.

3. So Aruna Roy Ji do you wish to say that we should also wait for your Children to grow up and stake a claim to being the Civil Society after say about ten or twenty years.

4. Aruna Roy Ji please note that you no longer belong to the Civil Society in fact now you belong to the Ruling Society being a member of the National Advisory Council a team headed by the Mother Hen of Corruption Ms Sonia Gandhi. It is only at her instigation that you have come forward to sabotage the people’s movement led by Anna.

5. Please remember you should not be jealous of Anna Hazare, you of your own accord Joined Sonia and her team.

6. Please remember that when a Goat is readied to be eaten he is castrated and he becomes badhia and grows fat and then he remains useless for any other manly purpose but simply provides more meat to the Eaters and that is the entire purpose of his castration.

7. So Aruna Roy ji please enjoy your position and the riches and power which come with it and leave India to the true Civil Society that is Anna and his team, you have had your day and your say and your day in the Sun now let the true Sun shine and do not try to diminish his brightness.

Here is an article about the Uncivil Comments against team Anna by Aruna Roy:-

Uncivil comments by Aruna Roy
Tribune News Service

New Delhi, April 16
Another meeting on the Jan Lokpal Bill at Nehru Memorial adjoining the historic Teen Murti Bhavan saw civil society members voicing apprehensions on the unlimited powers that the Lokpal would enjoy if an anti-corruption Bill, as envisaged by Hazare-Kejriwal group in the joint drafting committee, becomes a reality.

“The attempt is not to junk the Bill but we don’t want to create a Frankenstein either,” leading social activist and member of Sonia Gandhi-headed National Advisory Council Aruna Roy said at the meeting convened by social rights group NCPRI. “Absolute power corrupts absolutely,” she warned.

According to NCPRI member Shekhar Singh, accountability of the Loppal is exceedingly important. “Not just for the 11 persons at the top but at the level of vigilance officers in districts, where it may become the most lucrative post to hold,” he says. Ever since the agitation started, differences have emerged with the Hazare-Arvind Kejriwal group, which wanted its version of the Jan Lokpal Bill to be the basis of discussion with the government. An issue on which it particularly does not agree is the setting of deadlines, first for the Bill to be finalised and then passed by the Parliament.

The Aruna Roy-led Mazdoor Kisan Shakti Sanghtan has asked for “broad public consultation, across groups and regions” to precede the joint drafting of the Lokpal Bill by civil society and UPA Ministers. There is a need for a strong anti-corruption bill but not at the cost of quality, Roy says, emphasising on need for large-scale public consultations and, more importantly, accountability of those who were being entrusted to hold others accountable through the Jan Lokpal Bill. “Other people who are interested in the Bill should generate discussions and present it to the government,” she adds.

Incidentally, members insisted that today’s meeting should not be termed as a “parallel meeting” since it had been planned much earlier. Roy said today’s meeting had originally been planned as a meeting of NAC’s Working Goup on Transparency and Accountability meeting on NAC, which was earlier shelved.

A Frankenstein’s monster that will devour all of us’

Krishen Kak 11 May 2011

Three earlier essays on “the Hazare phenomenon” enlarged on the duplicity involved of Hazare and company in their crusade against corruption.[1] The essays noted, in particular, the shady financial dealings and absence of transparency and accountability in the publicly-presented accounts of the NGOs of Hazare & co., though they demand transparency and accountability from others. Scanned were data in the public domain of Anna Hazare and his NGOs, Arvind Kejriwal and his NGOs, Kiran Bedi and her NGO, Swami Agnivesh, Mallika Sarabhai, Shanti and Prashant Bhushan, Medha Patkar, Aruna Roy and Harsh Mander. Justice Hegde’s association with the politically-biased Hazare & co., while still Karnataka State Lokayukta, was questioned. Noted too was the gross hypocrisy of their alignment with the person publicly described as the source of corruption in India.

In “The ox calling the donkey horned”, Aruna Roy was quoted on the Jan Lokpal Bill drafted by Kejriwal with support from Hegde and Prashant Bhushan. She called it “a Frankenstein’s monster that will devour all of us”. Aruna Roy is Convener of the Government of India’s National Advisory Council Working Group on Transparency, Accountability and Governance. She is thus Sonia Gandhi’s NAC mukhota in the war against corruption, just as Anna Hazare is Kejriwal’s PCRF’s IAC’s mukhota.

Friday, August 19, 2011

Letter to Anna Hazare Ji for saving the Country (PART-1)

Letter to Anna Hazare Ji for saving the Country

(PART-1)

Posted by Robby Sharma on 19-08-2011

please give feedback on sharmarobby@hotmail.com

Dear Anna Hazare Ji here is what I think you should do next to take forward your struggle to rid India from Corruption.

The Elections are coming the first one being in Uttar Pradesh next year Please give a call to the people of the Nation to boycott all the present political parties and make a call to the ordinary Honest Citizens of the Country to fight the Elections as Independent candidates and out of these please back the Candidates who meet the following standards and agree to the following conditions:-

1. The candidate seeking your Approval should be able to pass a Narco Analysis test as well as a Lie Detector test to ensure that he/she does not have any Black money and is not indulging in any Criminal Activities.

2. The Candidate Seeking your Approval will have to agree that he/she will if elected agree to undergo a Narco analysis and Lie Detector test every three months to ascertain if he/she has indulged in any Corrupt practices during that period.

3. Your Team should make New Laws and Amend the existing Laws in public interest and all the Candidates enjoying your support shall be obliged to pass these Laws in the Legislature/Parliament.

4. If any Candidate after being elected fails to abide by these terms then you should give a call to all the people of the Nation to boycott that candidate for ever and for a Social boycott of his entire family.

5. Your team should immediately decide about the amendments which need to be made to the Constitution in public interest so that the coming generations may be protected against corrupt Governance.

6. Please make Constitutional Amendment to provide for periodic preferably every three months Narco Analysis and Lie Detector tests of all the Bureaucrats and Ministers to find out if they have indulged in any Corruption during the period. If Science can be made to save human Lives then it can also be used to free the Country from Corruption since at time of the Making of the Constitution and the Indian Evidence Act, the Lie Detector Tests / Narco Analysis tests were not known , they have to be included now as the truth has to be found at all cost.

7. Your team should lay down the Qualifications for election as Legislators/Parliamentarians and lay down the age of retirement of politicians, in these qualifications. The whole concept behind the Retirement Age is that after a certain age, both physical and mental alertness decreases therefore if a Supreme Court Judge is retired at 65, an Army General at 60 and other Government servants also at about Sixty then how can the Politicians be allowed to continue after Sixty five ? are they a better specimen? Just imagine a scenario where there is a nuclear attack on India late at Night and some Old aged Prime Minister of say above Seventy is awakened, he will be incoherent for a long period of time and then may be he may be able to gather his wits around him, then may be he will not even be able to stand on his quivering arthritis stricken legs by then it may be too late. If medical certification of fitness is given as an excuse then the same should apply to the Army Officer/Judges and other Government officers also as they in any case have lesser responsibility/decision making power than the Ministers/P.M.

8. Make a new Law to subject all the present Ministers / Prime Ministers and Bureaucrats as well as those who have retired during the last ten years, to a Compulsory Lie Detector Test as well as a Narco Analysis test to find out about the black money stashed by them and then to recover the same and punish the culprits. In case of the Deceased out of the above category their heirs may also be made to undergo these tests.

9. Please note that All new Laws in India as well as the existing Laws are failing in India as the Implementing agencies are totally corrupt and these laws were made by the British and later on by Indian Politicians assuming that the Implementing agency will be totally Honest while the Opposite is true and to prevent the misuse there are no safeguards in the Laws. Had these Laws been made with the assumption that they will be implemented by corrupt officers then there would have been safeguards in all the individual laws themselves to prevent their misuse, the Provisions of IPC are inadequate as even the supervising officers all the way to the top are corrupt.All new Laws which are made and All existing Laws should be amended, and it should be ensured that they are made or amended keeping in mind that the Implementing Agency is likely to be totally Corrupt and to prevent the misuse or disuse of the Laws, provisions should be made in to all these Laws itself providing for stringent penalty for Omission as well as for misuse. For example if it is the duty of the Municipality to ensure that there are no stray Animals(cows, Dogs Pigs etc) on the Roads then if say some individual or some Organization finds say Fifty strays on the Road then the Officer responsible should be deemed to have indulged in Corruption (Omission has to be treated as Corruption otherwise no Law will ever succeed.) and then there should be provision for his imprisonment of at least three years as well as termination of service. Similarly if say ten Illegal Building or ten cases of Illegal User of Land is found in any given area/Zone in a city then the Engineer/Officer responsible for preventing this should be deemed to have indulged in Corruption and should be deemed to be in Collusion with the Law breakers and he should be imprisoned for minimum five years as well as terminated from service. Similarly if there are found to be say three encroachments on some village common land, unreported by the Patwari to his superiors, the Patwari should be deemed to have colluded with the land grabbers and should imprisoned for three years as well as thrown out of service. If however the Patwari reports the Illegality then after being reported by the Patwari, his superior officer fails to act within three days then he should be deemed to have colluded with the encroacher and should be imprisoned for seven years as well as terminated from service. The higher the post the greater the punishment.It is impossible to control or prevent Corruption just by The Prevention of Corruption Act as the Corrupt do not give advance telegrams to the Authorities declaring that they will be taking bribe on such and such date at such and such venue so please come and catch them red handed therefore Omission beyond a reasonable limit has to be treated as Corruption, the only thing to be kept in mind is that a reasonable exception has to be made such as if there are only say ten Stray Animals or only three Illegal Buildings/Land User in his Area then the Officer may be allowed to make amends by removing the Illegality but a warning should be issued to him and entered in his C.R.

10. In the next part I will give suggestions to prevent the Corruption at lower levels of the Government.

Thanks

Robby Sharma

(865, Block-B, Panki Kanpur-208020)

Mob-9235844258,9415438326


Tuesday, August 16, 2011

Anna Hazare will have to die in Jail to stir Kolkata/West Bengal

Anna Hazare will have to die in Jail to stir Kolkata/West Bengal

Posted by Robby Sharma on 16-08-2011 please respond on email-sharmarobby@hotmail.com

To day the entire Country was up in arms literally in Support of Anna Hazare after his arrest but not a squeak was heard from Kolkata / West Bengal after all their dearest Mamta Didi , to whom they are emotionally attached due to the 30 year misrule of Marxists is a member of the Criminal Gang of UPA . The Bengalis react emotionally, the only time I remember they reacted was when India nearly lost their World Cup semifinal in 1996. They always reacted whenever Ganguli to whom they are emotionally attached lost his place in the Indian Cricket team. Therefore for Kolkatta and West Bengal to react in your favor Anna you will have to die in Jail and then they will react more than at any other Place in the Country. So Anna please die in Jail please please die because I want to see West Bengal and Kolkata in the main stream of the Nation. I sometimes feel that lately there has been a dearth of the revolutionaries in Bengal a area which produced in the past such revolutionaries like Subhash Chandra Bose, Surjya Sen , Vivekanand, Khudiram Bose, Kanu sanyal and many others with the exception of Dr Vinayak Sen a true patriot or is it that between themselves the CPM and Mamta have managed to destroy the spirit of the Bengalis .

The good news coming on 21-august from Kolkata is that the P.M has BEEN BOOED AND TOLD TO GO BACK BY KOLKATTANS, THAT IS THE SPIRIT I WANT IN KOLKATA.

Tags-Anna Hazare, Kolkata, Kolkatta, Anna Hazare please die in Jail.

Monday, August 15, 2011

Kapil Sibbal ,Digvijai Singh, Pranab Mukherjee, P Chidambram, the Varah Avtars of the India National Congress Gang

Kapil Sibbal ,Digvijai Singh, Pranab Mukherjee, P Chidambram, the Varah Avtars of the Indian National Congress Gang

Posted on 16-08-2011

by Robby Sharma sharmarobby@hotmail.com

Dear Country men I feel that Kapil Sibbal, Digvijai Singh, Pranab Mukherjee and P Chidambram are proving to be the Varaah Avtars of the Gang of Indian National Congress in power in India. They are trying to extricate (imitating the Varah Avtar of Vishnu, who extricated the Earth from the Ocean for the betterment of the living beings) the Congress party from the Dirt and Shit in which the Congress party has fallen, however these Avtars of Congress are making efforts just so that their Gang can continue to loot the people of the Country as it has been doing ever since Independence.

Just see and look closely at their faces and see how their evil deeds are reflecting on them Kapil Sibbal, Pranav Mukherjee and Digvijay Singh all three’s faces Resemble a Varah and as for Chidambram, he resembles a tall but ill fed varah. If you agree then email me.

As far back as 27-03-2006 in my post titled 2030-INDIA-the biggest Brothel & human organs market of the World , I had clearly written about the Gangs in India as under:-

In the Subject heading—“Monopoly of Government functionaries over all the material resources of the Country. instead of people friendly Governments, there are only Organized gangs in power every where, Governments functioning solely for the benefit of lobbying interests.”

“ para- 89- …….If one goes to a PWD Office, one feels that he is

caught up in gang of which the Executive Engineer is the Sargana (Gang Leader).similarly if one goes to a Electricity Office, one feels that he is

caught up in gang of which the Executive Engineer is the Sargana (Gang Leader. if one goes to a PWD Office, one feels that he is caught up in a gang of which the Executive Engineer is the Sargana (Gang Leader) similarly in a Municipal Corporation the same feeling is there only it is the Municipal Commissioner who is the Gang Leader, Similarly in Urban Development Authority, the Vice Chairman is the Gang leader, in a Collectorate, the Collector is the Gang leader, similarly in the District Courts, the District Judge seems to be the Gang Leader, similarly in the High Courts & the Supreme Courts, the Chief Justice is the Gang leader, in the case of the States, the Chief Minister & in case of the Central Government, the Prime Minister is the Gang leader. Look at Uttar Pradesh Sachivalaya (Secratariat) it is more of a Veshyalaya (Brothel),with hundreds of call girls plying their trades there, meeting Secretaries & Ministers ,lobbying for the interests of their businessmen clients who send them their to get their works done.”

Lately after the Supreme Court Collegiums took over appointments of Judges in the higher Judiciary, there are some people friendly Judgments in say about one percent of the cases but the higher Judiciary is weighed down by the Lakhs of anti people Judgments delivered over the years earlier when the Higher Courts were full of anti people Judges and their only qualification to be appointed was Arse licking of Politicians / Government. These Judgments were delivered by bigger benches of 4 or 5 or even more Judges as at that time there was very little work for Supreme Court Judges and greater number were free to sit on Benches and hear cases. As against that, now only two judges hear the same type of cases as such they can not over-rule the earlier foolish anti people Judgments delivered by larger Benches. The only solution lies if the present Chief Justice ensures that all cases are heard by not less than Seven Judges so that the earlier dirt can be cleared.

The Government keeps on shouting that the Parliament is Supreme and that Anna Hazare and others are trying to blackmail it and all their acts are unconstitutional. Now does the Government wish to say that once it gets a majority, its Gang gets a License to loot the Country and trample upon the General Public as long as the Gang remains in Majority.

The recent case of Karnataka is a case in point, where the Lokayukt found the Chief Minister and some of his Ministers guilty of corrupt practices and even after that B.S. Yedurappa remained defiant saying he enjoyed the support of the majority of legislators (it was only after the National Leadership of BJP swung in to action that he resigned but on his own terms and his man was made Chief Minister and mark my words were it not for the ongoing agitation of Anna Hazare and Baba Ramdev against corruption then even the BJP would have remained mum because it too is a Gang remember the serpentine Queues of favor seekers for petrol pump and gas agencies during P.M ship of Atal Bihari Vajpayee , who were obliged in thousands.

Therefore if the Constitution fails to prevent the Government from looting the people then it needs to be changed as it has been changed a hundred times for the benefit of the Looting politicians, surely it can be amended to bring in the provision to punish these corrupt politicians / Bureaucrats by providing for compulsory quarterly Narco Analysis and Lie detector tests to find out about the corruption done by them.

Till today no qualification for Legislators and Parliamentarians has been laid down. Firstly it should be made mandatory for politicians to retire when they attain the age of sixty five years an age at which even Supreme Court Judges are retired. Secondly they should be subjected to Narco Analysis and Lie detector tests to find out about their Black money before their nominations are accepted. If this is not made mandatory then the Country will go to Dogs.

There may be arguments that these provisions are not in the Constitution and Evidence Act but these can be amended in public interest.

Another warning please please beware of appointing any Senior Advocate of the Supreme Court or the High Courts to any Legislative Assembly /Council seat or Parliament or to any other Constitutional Post they are the most dangerous and harmful people in India please do not ask me for reasons as I have found this out by my lengthy research only. Lately they are being given tickets in large numbers by powerful politicians of all parties, as they are helping them in hiding thir Illdeeds and saving them in the Courts.


Friday, August 12, 2011

Land Acquisition and Resettlement and Rehabilitation-Bill-2011 -LARR BILL-2011

Please read my comments in hindi on Land Acquisition and Resettlement and Rehabilitation-Bill-2011 b(LARR Bill-2011) on my other blog sharmarobby.wordpress.com as I can not upload the PDF file on this blog

Thursday, July 14, 2011

Are our Security Forces really efficient or are they over glorified

Are our Security Forces really efficient or are they over glorified

By Robby Sharma…. 14-07-2011

sharmarobby@hotmail.com

I just want to make the few points as below:-

1. It took almost 72 Hours for thousands of Police personnel and

dozens of Elite NSG Commandos to tackle the Mumbai terror attacks on 26 November 2008 and there were only about ten Terrorists and in fact in the Taj Hotel there were only two or three terrorists and they held on for 72 hours. Major Unnikrishnan lost his life in the operations.

2. Hundreds of Civilians were killed and injured and Top Police

Officers like Hemant Karkare and his colleagues fell to Terrorist

bullets.

3. In the Kashmir Valley almost every month one hears of

encounters between Army and Terrorists and invariably a Major or Colonel of the Army is killed and many Army men injured and there is merely a solitary Terrorist or two killed in the encounter.

4. Recently there was a terrorist attack in Kabul on the

Intercontinental Hotel and all of the about nine Terrorists were killed, within about six hours and the Civilian casualties , were between ten to less than twenty as per reports Please compare.

Wednesday, July 13, 2011

ABOLISH PRIVATE FAIR PRICE SHOPS IN P.D.S AND HAND THEM OVER TO PRIMARY SCHOOLS

ABOLISH PRIVATE FAIR PRICE SHOPS IN P.D.S AND HAND THEM OVER TO PRIMARY SCHOOLS

R o b b y S h a r m a 865, Block-B, Panki Freelance Research Scholar Kanpur------ 208020 Town & Country Planning Problems Uttar Pradesh. INDIA

& Land Acquisition Act Ph:9235844258;9415438326 email.sharmarobby@hotmail.com Blog-http://sharmarobby.wordpress.com;

To 13-07-2011

The Chairperson of NAC through

The Secretary, National Advisory Council,
Government of India, 2, Motilal Nehru Place,
New Delhi
– 110 011.
Phone:011-23062580
email: ritasharma.secy@nac.nic.in ; dhiraj.s@nac.nic.in

Subject :- News Items to the effect that NAC has recommended that

Fair Price Shop owners Commission be increased and they

be paid salaries also

Respected Chairperson Ji

1. If the above subject line is true then it would be a very contra productive decision because please understand that the Salaries of Public servants have been increased ten fold during the last ten years but the corruption has gone up hundred fold because the public servants due to their increased wages, get used to a better and in fact elitist lifestyles and start moving in still higher social circles, foreign jaunts etc and thus the hunger for money is ten times more, the Scams which used to be in hundreds of Crores are now in Lakhs of Crores. An I.A.S couple in Madhya Pradesh was found to have three hundred Crores in black money. There are thousands like them who have been not caught. Therefore by paying salaries to the Fair Price Shop owners and increasing their Commission will whet their hunger for easy money even more. Why do you think there is a heavy premium to get Fair Price Shops, is it because the Fair Price Shop owners are so mad as to form a queue for some Loss making project. In U.P a Grain Scam of several Thousand Crores in pilfering of Fair Price Shops Grains to Bangladesh etc is being investigated by C.B.I and the culprits are mostly District Collectors and Fair Price Shop Owners.

  1. Therefore the only way that the Public Distribution System can be used for the benefit of the people is by making the Government run Primary / Elementary Schools of Villages as the basic block of development works in Villages /Towns. The teachers in these Schools ( please do not equate them with teachers of higher education in specialized fields, which are even now underpaid) are paid salaries far in excess of the work they do (you can get better and more laborious teachers at one third the salaries it is the mistaken notion of the Government that if they pamper Government servants by paying more money to them then they will work better and will not be corrupt, in fact the opposite is true the more you pay the more corrupt they will be.). They hardly have four hours of work to do and on top of it they enjoy hundreds of days of vacation.
  2. That all the Fair Price hops should be handed over to the primary/ Elementary Schools, they will neither lack the manpower nor the time to do this Job which is in fact very simple as the Fair Price Owners merely open their Shops for only a day or two to distribute the Ration. The children studying will be able to inform their Parents about the availability date of the Rations. In fact these Primary /Elementary Schools teachers and Staff can be given many more Jobs which are presently being entrusted to the Lekhpals/Patwaris/Talatis (Revenue Inspectors called by different names in various States and it is one of the very few Government Posts, which have been manned , since even the British Times by the most corrupt persons and is almost hundred % corrupt cadre and was corrupt even in British times the failure of all the Government Welfare Schemes is mainly due to this cadre, which works directly under the District Collectors, who are the Mother Hen of Corruption in India).
  3. You can give the Job of Survey of BPL families, Job of keeping track of MANREGA Funds, WIDOW PENSION, Old Age Pension, Handicapped Pension Scheme and even entrust the Election List maintenance etc to these Primary/ Elementary Schools. In short if the Country is to prosper then these Primary /Elementary Government Schools (which are present in millions and almost every where) should be made the basic building Block of development and public service. All they need to do is to work for two hours after School hours and even then they will not have to work for more than eight hours a day.

Please give a careful thought and abolish all the FAIR PRICE SHOPS IN THE PRIVATE SECTOR AND HAND OVER THE PDS SYSTEM TO THE GOVERNMENT RUN PRIMARY/ ELEMENTARY SCHOOLS.

Thanking You

Yours Sincerely

(Robby Sharma)

Sunday, July 10, 2011

Part-2 Defects in Land Acquisition Amendment Bill 2009

R o b b y S h a r m a 865, Block-B, Panki Freelance Research Scholar Kanpur------ 208020 Town & Country Planning Problems Uttar Pradesh. INDIA

& Land Acquisition Act Ph:9235844258;9415438326 email.sharmarobby@hotmail.com Blog-http://sharmarobby.wordpress.com;

To 10-07-2011

The Secretary, National Advisory Council,
Government of India, 2, Motilal Nehru Place,
New Delhi
– 110 011.
Phone:011-23062580
email: rita[at]nac[dot]nic[dot]in; dhiraj.s@nac.nic.in

Subject;- PART-2-Some major defects in the Land Acquisition Amendment Bill-2009, passed by the Lok sabha , and proposed to be again put up before both Houses of Parliament.

Honorable Secretary Ji:

I am pasting below News Item Dated 4 July 2011 disclosing about certain views of the National Advisory Council as well as about some of the Proposals of the Central Government. I have already in Part-1 of my letter to you explained why the 70 /30 ratio for Private Land Seeking Parties need not at all be Incorporated, In fact the present Unrest about Land Acquisition is only because of the Evil Deeds of the LAND ACQUISITION COLLECTORS all over the Country. Details have been given by me in my detailed Commentary on Land Acquisition Amendment Act on my Blog. The reasons behind the revolt against Land Acquisition may be summarized as below:-

1. That The Land Acquisition Collectors, since many decades have

been declaring a fraction of the actual Market rate as Award to nourish the Mafia Nexus of Land Acquisition Collector/His officials+ some powerful and resourceful Villagers (who finance the Reference cases of Poor Villagers) + Advocates (who in turn settle with the Judges hearing the Reference Cases for Increase in Compensation ).

2. That for Example if the Market rate of any Land is say Rs. 1000/= per square Meters then as a general practice the Land acquisition Collector will declare a belated Award of about Rs 100/= Per square meters. Thereafter the Mafia will come in to operation and Agreements will be got signed from affected Villagers (by the Resourceful Villager + Advocates) whereby the Villager will be made to agree to give about fifty % of the increased Compensation (declared in Reference Cases under Section-18 by the Civil Judges) to this Mafia.

3. That The corruption prevailing in Courts, in Land Acquisition Compensation claims is quite apparent from the Observations made by the Allahabad High Court Bench in their judgment dated-05-03-2004 in the matter of Fiirst Appeal No.981 of 2002 (Agra Development Authority V/s State of U.P) and other connected appeals, the Observations are:-

“These facts disclose the scandalous state of affairs prevailing in the district courts of the U.P. and it is no wonder that the public is disgusted with this state of affairs which smacks of rampant corruption”………………………

“Let the Registrar of this Court place copy of this judgment before the Administrative Committee of the High Court for taking appropriate action against the concerned persons and Judicial officers who appear to be in collusion.” One of the Judges who delivered the Judgment in the above case , M.Katju is now a Supreme Court Judge. Dozens of Civil Judges came under a cloud by this Judgment.

4. That in the past, The Land Acquisition Collectors almost always gave their Awards, treating the Lands of the Landowners, almost always as Agricultural Lands. In reference Cases the Civil Courts treated the Lands near the Cities and within them as having probability of being built upon and so in most of the cases they compared the market rates with small plots sold in the Vicinity for dwellings and started deducting from 25 % to ONE THIRD for Development and balance was allowed as Compensation. To better understand it the following example may be taken: (i)- In a Land Acquisition Case of say 1967, in Kanpur the Award is declared at average rate of about Rs. 2000/= per Bigha (about Rs.1/-per square yard), although the Fair market rate is about Rs. 6000/- per Bigha (the Collector almost always ignored the Sale Deeds of higher value on one pretext or other and secondly the Sale Deeds never Reflected the true status because since decades there is a Black money content of about sixty percent in all Land Transactions and in case of Land Acquisition, all the Land Owners suffer on this Account as this black money Component is never taken in to Account while declaring the award and even after adding 15 % earlier and now 30 % Solatium, the Land Owner was always offered a fraction of the actual Market Value), treating the Land as Agricultural. (ii)- The Farmers file Objections and the Acquisition Mafia comes into play and Reference Cases are Filed under Section-18 and the Civil Judge quotes from some Supreme Court Judgments and treats the Land as good for building purposes and compares the rate with some small plots sold in vicinity say @ Rs. 20/= per square Yards and after deducting one third for Development , allows Rs.12/= per Square yards as Compensation. Often the Case goes to the High Court or Supreme Court and a few Rs. Plus or Minus is done and the matter is finally decided in about twenty years on an average. The Land owner finally gets about Rs.5/- per square yard + interest etc and the Acquisition Mafia makes about Rs.5/- per square yards + interest etc. (iii)—As there were and there are no guidelines in this respect , this has continued for Decades. Initially this was not very harmful because the Land was being sold by the Authorities on very little profit and the Development charges incurred were about Rs.4/= to Rs.6/= per Square yard and the Authority was selling Land at about Rs. 30/=. (iv)—That later on some over zealous Pro Government Judges of the Supreme Court (mainly Justice K. Ramaswamy) started giving Anti Farmer Judgments in all cases (please see details in my Letter dated 23 March 2007 on my Blog) and it so happened that what ever arbitrary action the States or Land Acquisition Collectors took was always Justified by the Higher Courts, with the result that a great amount of unrest set in and the Land Owners were only able to get their Compensation after decades of Acquisition and at that time they were not able to buy even 10 % of the Land, which they lost initially because the Land Prices were increasing at about 25 % compounded rate. In the Sixties wheat was about Rs. 1/= per Kg and Land about Rs.30/=to Rs 100/= per Sq Meters. Now Wheat is about Rs.12/= (increased by twelve times ) and Land is now about 10000/= to Rs. One Lakh Rs. Per Square Meters (increased by 300 to 1000 times depending on locality). (v)---In some cases the Higher Courts (Supreme Court and High Courts) started deducting even 84 % for development charges as there were and are no proper Guidelines and in certain cases when Land for Roads etc was Acquired, no deduction was made by the Supreme Court saying that no Land will be required to be left for Roads /Parks etc. (vi)—Presently the External Development charges are about Rs.2000/= per Square meters and Land is being sold by the Authorities at Lakhs of rupees a square meters as heavy profiteering is going on. In the recently struck down by the Supreme Court case of Land Acquisition, The Greater NOIDA Authority awarded Compensation of About Rs. 1200/= per square meters together with all the other statutory dues as per the L.A Act. The Authority sold the Land in Bulk to Builders at Rs. 10,000/= per Square meters. Now providing for deduction of 50% of Land for Roads and Parks, the Cost price to Authority for saleable 50 % area came to about 2400/= per Square meters and by adding Rs.2000/= per square meters for External Development charges, they ought not have sold the Land at more than Rs. 5000/= per square meters and to add salt to the wounds, the Authority is charging the External Development charges from the Builders ,who are taking it from Consumers. So the Authority is engaged in heavy profiteering and at the same time they are not giving the breakup of cost/ selling price to any body, Seeing the Compensation Awarded by them to Land Owners, they had no justification to sell the Bulk Land at more than 3000/= Per square meters as they sell Commercial Land at four times the Residential Rates. In NOIDA , they are selling Land at Lakhs of Rupees a square meters.

5. That in the Land Acquisition Amendment Bill-2009, the Central Government has fixed a better criteria for fixing the Market Rate and for this purpose, they have inserted SECTION-11B but even after this the Controversy will remain because the Collectors declare two types of Circle Rates, one for Agricultural Lands in Rs. Per Hectares/Acres, and one for Residential/ Commercial /Industrial Plots in Rs per Square meters. The difference is huge for example in Gurgaon, the Circle Rate for Agricultural Land is about say Rs. 1 Crore/Acre (i.e. Rs. 2500/=00 per Square meters) while the Residential Circle Rate is about Rs. 15000/= per square Meters, while the actual Market rate as Agricultural Land is about Rs. 4 Crore per Acre and Rate of developed Plots in some areas as high as Rs. 1 Lakh per sq meters and on an average about Rs. 25,000/= per square meters even in unauthorized colonies. Therefore whether the Land owner is to be given Compensation of Rs. 1 crores per Acre at Agricultural rates or Rs. 15000/= per square meters at Residential Rates has not been explained in the Land Acquisition Amendment Bill-2009 and this will remain the main issue of contest and there will be no end to Compensation Litigation.

6. That to avoid this I had made detailed Suggestions in my letter dated 23rd March-2007 but they have not been heeded. No guidelines in this respect are there as to what rate to apply and where and while comparing the price with market rate of small Plots what is to be deducted for development charges (presently generally 25 % to one third is deducted and in some cases even 84 % has been deducted without any reasonable cause).

7. That about 80 years back the Bombay High Court said that while comparing the rate of Large Plot of Land with that of a small Plot of Land , the Wholesale Rate should be about 40 % to the retail rate , this Judgment was followed by the Supreme Court in only one or two cases but this is a very reasonable calculation. Say in the case of Gurgaon, in Areas where the Retail rate of Developed Plots is 25000/= per square meters the Rate of Rs. 10000/= NETT is Needed to be paid to the Land Owner , which comes to Rs 4 Crore per Acre, which is the actual market Rate of agricultural Land in Gurgaon as against the Circle Rate of Rs One Crore/Acre. You may make inquiries about this and you will be amazed to find it to be true. Therefore clear guidelines are needed in the Land Acquisition Amendment Bill 2009 specially in proposed Section-11- B if farmers unrest/ revolt and consequent litigation is to be avoided

8. That secondly there are no transparent guidelines for fixing of Circle Rates, in Delhi & Gurgaon & NOIDA, where lots of black money is in play the Circle Rates are about 25 % of actual Market Rate while in Cities like Kanpur, where the State Government in its greed for Stamp duty collection has in most outlying areas fixed the Circle Rates at thrice the actual rates with regard to Residential/ Commercial Circle Rates . Therefore this aspect of arbitrary fixation needs to be addressed if Proposed Section-11 B(1) (i) is to be meaningful. Proposed Section 11-B (1) (ii) & (iii) are meaningless till such time that the black money content of Land deals is not eliminated and for this purpose it should be mandatory for the Collector/ Income Tax Department (which has now by Section-50 C of their Act started valuing properties at the minimum rate of Circle Rate) to acquire randomly about 2 to 3 % of properties registered in the Registrar’s Office by paying ten to fifteen percent over and above the purchase cost. (for this purpose a independent Committee will have to keep an eye on the actual market rates and recommend Acquisition of undervalued properties)

9. Whatever may be the provisions of Law laid down,it is certain that the Land Acquisition Collector will never follow them (as per the past record) therefore unless Criminal penalty is imposed on the Land Acquisition Collector, for neglecting to follow the provisions of law, the problem will not end .The present Country wide Unrest against Land Acquisition is mainly because of the malafide and mischievous actions of the Land Acquisition Collectors. That therefore there should be a proviso to Section-11-B to the effect “that if the Land Acquisition Collector omits to take in to consideration fully, the factors provided for by Sections 11-B (1) (i)(ii) (iii) or 11B (2) (i)(ii)(iii), then he shall be held personally responsible and will be punished with imprisonment of three years as well as with fine”.

10. That the Proposed Section-11-B (3) is unconstitutional as it does not matter to the Land Owner as to which Agency is taking his Land and to which Use it will be put. There can be no discrimination on this account in matters of Compensation if this Section is not deleted then it will give rise to millions of litigations. A Judgment or two in this respect of the Supreme Court were given on account of over zealousness to favor the Government and are in fact wrong.

11. That However there may be cases of States, where the Land Owners get only restricted Rights of User of their Agricultural Lands and can not put it to any other Use but in case of Uttar Pradesh the Bhumidhar (Landholder) with transferable Right can under Section-142, of the U.P. Zamindari Abolition & Land reforms Act-1950, use his Land for any purpose including Industry, Commercial, residential and he does not even need the permission of any body under the U.P. Zamindari Abolition & Land reforms Act-1950 for this purpose. The Land of the Land Holder is his livelihood and he can earn his livelihood by his traditional / any other Lawful means through his Land. Therefore a detailed examination on this aspect is needed.

12. That if the true Market Rate is offered to the Land Owner at time of the Section-4 Notification itself and the Circle Rate is reasonable and reflects the actual Market Rate then majority of Land Owners will accept it as I have submitted in my detailed Suggestions dated 23rd March-2007.

13. That proposed Section 11 C , though not illegal will prove to be useless.

14. That no Proposal is there in the Land Acquisition Amendment Bill-2009 to stop the Illegal practice of Collectors, who manipulate as well as sometimes fabricate records to escape from the LIMITATION PROVISIONS between Section-4 Notification & Section-6 Declaration and Section-6 Declaration and Section-11 Award. To stretch this time limit they insert notices in Newspapers as late as two to three months (and in certain cases even years) and even then if they fail to make the declaration of section-6/ award under Section 11, they fabricate public notice and just type a Notice and show that it was displayed on notice Board in Panchayat or at prominent places. I had given detailed suggestions in the Letter dated 23rd March-2007, which have not been heeded. In fact the time period between first and last Publication should not be more than 15 days and Criminal Penalty should be levied on the Land acquisition Collector and he should be punished by two years imprisonment on the breach of this period or in the alternative, the First of the date of Publication in the gazette/ Newspaper/ Public Places should be the relevant date for the purpose of date of section-4 Notification /Date of Section-6 declaration as the case may be.

15. 15. That the Amendments proposed in Section -12 are insufficient, the Land acquisition Collectors have been on a regular basis making back dated awards and filing them to avoid Section-11A limitation. It should be made mandatory for the Collector to publish a summary of his Award in the Official Gazette. He should further be directed to publish a public notice of the Award having been declared within three days of declaring the Award and the date of the earlier Publication of the two should be taken as the date of Award. I have given detailed suggestions in this regard in my Letter dated 23rd March-2007.

16. 16. That the News item dated 04 July 2011 says that the Central Government is thinking of making Section-6 Declaration as relevant date for purpose of Market Value. This proposal is outright foolish as after publication of the Section- 4 Notification, the Act bars the sale and purchase of Land in the Area so after this date , there is no way that the Market value can be ascertained for Section-6 Declaration date. About fifty sixty seventy years back when there was no limitation between Section-4 to Section-6 and between Section-6 to Section-11, the Section -6 date was taken as there used to be gap of decades between the Section-4 & 6 and the only purpose of section-4 by Improvement Trusts was to stop building activities so that the purpose of Acquisition was not thwarted so it was thought fit to take Section-6 date as the relevant date. In the present case there is a limitation of one year between Section-4 and section-6 and 12 % Additional Compensation under Section-23 -(1-A) is allowed over market rate till date of Award which is needed to be changed to 15 % per annum compounded quarterly. So the Section-23-(1-A) needs to be amended accordingly as this is the minimum rate at which the Land prices are increasing.

1 17. That the Proposed Amendment to Section-23-(2) of the Act, increasing the amount of Solatium from 30 % to 60 % is not needed and in fact as suggested by me in letter dated 23rd March-2007, it can be even reduced to 15 %. The only need is that correct Circle Rate, Correct market rate is ascertained and guidelines for comparing the Market rate of larger agricultural Area with respect to rate of small developed plot at 40 % of the small Plots rate is laid down. However the Government may retain the Sixty percent Solatium proposal with a rider that this sixty percent will be given only if the Landowner accepts the Compensation at Agricultural Market value and undertakes not to contest the Award by relying upon any sale of Land of less than one Acre for Non Agricultural purposes.

1 18. That proposal of Part-11A & Part-11 B of the Land Acquisition Amendment Bill 2009 as passed by the Lok Sabha are Useless as poor Farmers can not be asked to go to the state Headquarters of the State Authority as it is they are caught up in the web of the Land acquisition Mafia and the present Proposals are not going to decrease the Litigation. If the Government thinks that just by incorporating provisions of market value assessment on account of the Circle Rate also and increasing the Solatium to sixty percent then the Government is grossly mistaken as the contagious issue of agricultural Circle Rate vis a vis the residential Circle Rate has not been resolved in the proposed Amendment So the Authorities under Part-11A & Part-11 B of the Bill have to be DISTRICT LEVEL AUTHORITIES ONLY so that the Farmer can easily approach them.

I Trust that you will agree with the Suggestions. I will send more Suggestions in Part -3 of my Suggestions.

Thanking You

Yours Sincerely

Robby Sharma

865, Block-B, Panki Kanpur-208020.