R o b b y S h a r m a 865, Block-B,Panki Kanpur-208020
Uttar Pradesh. INDIA
Freelance Research Scholar Ph:09235844258; 9415438326
Town & Country Planning Problems Email.sharmarobby@hotmail.com
2030-INDIA-the biggest Brothel & human organs market of the World
To Mr 27-3-2006
Hansraj Bhardwaj
The Honorable Minister of Law Government of India
New Delhi.
Subject: Failure of the Judiciary, its incompetence, Incompetence of
the legislature to make proper laws, 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.
Dear Sir:
1. A few days back there was a news item attributed to you wherein you had observed that “The Citizens were being denied the basic Civil rights as the Courts were not willing to grant bail to the accused & it was impossible to get bail & the Supreme Court was responsible for this state of affairs”. Your Observations are the bravest words of the century.
2. Sir tell me what did the Government expect when instead of a free & fair & efficient Judiciary it has over the years created a “Government Harem” & filled up the Judiciary with its yes men the Judges are acting merely as “Government’s Concubines”. To please their masters, each & every arbitrary & anti people, draconian action of the Governments including the distortion of the Constitution by anti people amendments has been upheld by this dirty judiciary as-- just & reasonable with the result that even the Government now does not know as to what is right & what is wrong.
3. Look at the state of the Justice system in India, it is said that a person is deemed to be innocent till proven guilty. However in India it is just the opposite, as soon as an FIR is lodged against any one, no matter howsoever innocent he may be, he is arrested & sent to jail under Judicial custody & instead of the prosecution proving him guilty, it is he who has to prove his innocence & although the Courts below are empowered to grant bail but they simply do not do so & just keep on pushing the responsibility upwards often to the Supreme Court & 99 % of the persons simply can not afford it & simply languish in Jail. How can a Magistrate or a Judge remand a person to Judicial custody even when the police do not seek his remand & he is not even needed for investigation? How can the Court assume that the person if free will interfere with investigation? How ? This is the only excuse they always give. All this is done so that their brothers of the legal fraternity can reap benefit of the agony of the accused person & earn fat fees. The Jail manuals made hundred years ago simply ignore the fundamental Rights granted by the Constitution & are hit by Article-13 of the Constitution but then no body in the Country understands Article-13. Why should an accused deemed innocent person be forced to live in a dirty room with tens of others? Why should he be forced to eat the dirty & rotten food of the Jail? Why should he be deprived of his privacy, deprived from a clean toilet? Deprived of his newspaper, his T.V, clean clothes? While the Judges, the Parliamentarians, the Legislators & other Government Employees grow fat on public money. There are thousands of cases where people have spent years in jail for murder of some person who later turns out to be alive .Now how do you compensate them for the loss of precious years of their lives? There must be some law to see that in such cases the investigating officers/Government prosecuting Counsel & the sentencing judge are punished by sending them to jail. So make such a law immediately.
4. That as you are aware that for the last many decades, the legal profession has only been the resort of those who failed to qualify for Engineering/Medicine/C.A & other constructive courses & adopted the profession merely to earn their bread. With negligible facilities in Courts in India, including lack of suitable accommodation, these fresh lawyers after studying for about twenty one years & more, from day-one are made to sit under some tree with a steel trunk therefore what happens to his self respect & dignity can well be imagined. Take the case of Kanpur, The Civil Court here is a Large Public Urinal with smell of Urine all around, thousands of illegal structures, thousands of illegal electric connections, traffic jam of pedestrians in the Court Compound, a Multi-story building which does not meet the fire safety regulations (at-least six meters clear space all around for fire tenders) & has truckloads of rotting garbage around & below it, some has been rotting there for years. In such a situation you can well imagine the quality of the District Judge presiding over such a fiefdom any self respecting man would never ever accept the post in such a garbage dump but one after the other shameless judges have been occupying the post.
5. The President of India, K R Narayanan on 28-01-2000, while speaking on the occasion of the Golden Jubilee of the Supreme Court of India said “That even now Justice is not available to the poor….That is why it is said that Courts are Casinos, where a lot depends on how you throw your dice…..If the Citizens do not get fair & affordable justice then … they may instead of following the rule of law, take the law in to their own hands”. The news items dated 29-01-2000(carried in Amar ujala & Aaj of Kanpur ) are enclosed as Annexure-1.
6. It is a pity that the shameless Chief Justice of India & his fellow Judges did not then & there tender their resignations in spite of these observations of the President. If one or two trains meet with an accident, there is an immediate hue & cry raised for the resignation of the Railway Minister, similarly in case of one or two communal riots, the resignation of the concerned Home/Chief Ministers are demanded & on many occasions, the politicians have, taken the moral responsibility & resigned but never these shameless judges of the Supreme Court or the High Courts although they often proclaim openly that they have crores of cases pending & their entire system is in shambles & has failed. The situation would have been hundred times worse if these judges had not rejected crores of deserving cases ( every day Lakhs of cases against the Government instrumentalities are rejected although a majority of them would have been allowed in any civilized country having a fair & free judiciary).
7. Sir during the British period when corruption was not so rampant in other departments, even at that time the legal profession left much to be desired, take the case of The great Indian freedom fighter Ram Prasad Bismil:-his case was in appeal under the Title Ram Prasad v Emperor…I now Quote from the judgment of the appeal (refer to A.I.R 1927 Oudh 369 (1) ….page-375… “the three appellants Ram Prasad, Rajendra Nath Lahiri and Raushan Singh, who were sentenced to death subject to confirmation by this Court, became entitled, under a practice of the local Government which has been in force for some years, to legal assistance at the expense of the Crown. The appellants, who had not been sentenced to death, were not under this practice entitled to legal assistance at the expense of the Crown. But as a special case the Crown has allowed those, who did not appoint private Counsel, legal assistance & paid for it. Ram Prasad in his petition of appeal, demanded as of right to select his own counsel. He stated that he would only be satisfied if he was represented by a Gentleman called Mr Gobind Ballabh Panth ….. The Crown approached Mr Gobind Ballabh Pant and offered him the brief. He refused to accept it on the fee that the Crown was ready to pay.” Ram Prasad Bismil was sentenced to death & executed & this greedy lawyer, Gobind Ballabh Pant, who had refused to defend the great freedom fighter only because of money went on to become the Home Minister of India & the longest serving Chief Minister of Uttar Pradesh & has hundreds of institutions/roads/mohallas named after him…….If you would care to read this judgment further sir you will be ashamed of your party because most of the witnesses against Ram Prasad Bismil were Congressmen. Therefore when such a party assumed power after independence it can well be imagined what sort of system they would put in place.
8. Sir The State Of India has under the garb of creating State Instrumentalities to give Justice to the People has instead created STATE MONSTERITIES which are enjoying all the privileges at Public expense but instead of serving the Public they are only sucking the blood of the people.
9. The lower Judiciary is totally Corrupt & inefficient while The Higher Judiciary is totally & Shamelessly ELITIST in Nature shamelessly engaged in their self promotion endlessly lobbying with the Government for appointments even after retirement, the Government too is obliging such of them as are willing to go to any extent to trample upon the fundamental rights of the people under their foot in order to please the Government which is the biggest litigant.
10. That it is no secret that majority about 95 % of supreme Court & High Court Judges are appointed from amongst the Government servant lower Court Judges & Government Counsels practicing in Higher Courts & now who are these Government Counsel……Mostly those who due to lack of any talent or merit are unable to succeed in their practice & then bribe the politicians or on caste consideration are appointed as Government advocates & then go on to become Judges of the Higher Courts……These Yes men (Government Concubines) then blindly……go on deciding case after case in favor of the Government thereby creating & maintaining a Monster State……At that time their sons & daughters (who become Government advocates due to the influence of their parents) are there before them arguing for the Governments case & naturally getting favorable decisions.
11. I am enclosing as Annexure-2 News item published on 2-5-2004 in Amar Ujala in which the Chief Justice of the Supreme Court Mr V.N. Khare has expressed concern over the “falling standards of Government advocates…who are appointed on political considerations…& from them we can not expect any quality” Now 95 % of Higher Courts Judges are appointed from amongst these very Government advocates therefore one can well imagine the state of affairs of the judiciary.
12. In further support of my contention ( Judiciary being a Government’s Harem)I am enclosing Annexure-3 News item published in Times of India Kanpur on 24 November –2004..according to this news item about 300 UP lawyers of High Court sought action by way of impeachment against two judges Justices M A Khan and Justice N K Mehrotra—for allegedly compromising their high offices for personal gain. Needless to say that the Government took no action & Justice M. A. Khan created judicial history in U.P. by giving his decision in favor of the Government in the matter of 40 rebel Legislators of B.S.P. who had illegally defected to support the Mulayam Singh Government. He gave his decision in-spite of the fact that the other & senior judge of the bench had reserved his judgment. Justice Khan retired, on 30th November-2005,soon after giving his Judgment & the grateful Mulayam Singh appointed him as the first Chief Information Commissioner of U.P. but the Governor did not give his consent.. The concerned News items published in Times of India on 18th December-2005 & in Dainik jagran Kanpur on 22-02-2006 are being enclosed as Annexure-4. Justice N.K Mehrotra on retirement has been made the Lokayukt of Uttar Pradesh please see Annexure-4-A, newsitem dated 17th March-2006.
13. Therefore it is shameful that even some people friendly legislations like Consumer forums& Commissions /MRTP / Lokayukt /Information Act etc are being frustrated because they have become havens for the resettlement of these “Government Concubines” after their retirement from District Courts/High Courts/Supreme Court.
14. Take the case of Justice U.C Banerjee Commission, inquiring in to the Godhra Train fire incident.This gentleman while obeying his political masters (Lalu Prasad Yadav) got so carried away that before his report on the Godhra incident could be tabled in Parliament he gave an interview to “OUTLOOK” magazine( carried in 21st feburary-06 edition) & gave a clean chit to the accused persons by saying that the fire was started inside the train & all this even as another Commission of Justice Nanavati-Shah was already inquiring in to the matter. Therefore the Banerjee Commission ought not to have been there in the first place. Do these Judges have no shame at all, it is disgusting.
15. These are the Judges who would not think twice before gifting an expensive Car to their sons & daughters on their birthdays and at the same time allow a few hundred of rupees as legal expenses to the succeeding petitioners when it comes to allowing cost .The Advocates charge Lakhs of Rupees for a single appearance while the per capita daily income of Indians can be counted on the fingers.
16. These are the People to whom the State has entrusted the task of guarding the Socialist character of the Constitution. It is disgusting that the general public of India can never ever hope to get justice under such a dispensation, The Judges know it, the Advocates know it yet not a single High Court or Supreme Court Judge has ever resigned saying that they have no moral right to continue on seats of Justice while the Masses are deprived of it at every stage by every forum, it is all the more surprising when one ponders that they can go back to ten times more lucrative practices than the official salaries & perks they get , yet they cling on to their seats for the Glamour or perhaps there is more in the seats than meets the eye .It is only in the rarest of rare cases that too in sensational ones, highlighted by the media that Justice is shown to be done in India. For every meritorious case allowed to succeed there are at-least one lakh meritorious cases thrown daily in the waste paper basket & rejected. It is only the Judiciary of India which is most responsible for the present mess in the country as no public servant can ever be convicted. At the same time the general public is deprived from even the semblance of justice.
17. Sir I have seen hundreds of strikes by the Advocates for frivolous causes but not once have they gone on strike in protest against the Judicial mess, denial of justice to the common man etc. Sir I salute you Men of the Bench & the Bar.
18. Sir thousands of cases decided by the High Court & Supreme Court have been read by me & I am convinced that the Judges of the High Courts & Supreme Court in India are not only inefficient/ Government Yes men but are outright stupid & even a High School student of a good public School would be able to give a better judgment then that given by these Judges. These judges instead of a plain & simple reading of the Statute look for & manage to find such complications in the Laws as Could & never would enter the thought of the Legislature which framed them.
19. All over the Country there is a wave of resentment against the Acquisition of Lands for dubious purposes by the Government under the garb of Land Acquisition for Public purposes under the draconian provisions of the Land Acquisition Act-1894.The Governments are misusing the Law & such misuse is being done as a rule rather than as an exception .The Judges (Government Concubines) would go to any length to please their masters & justify their actions. The case of Abhey Ram (dead) by LRS & Ors V Union of India & Ors reported in (1997)5 SCC 421 is a classic example of the stupidity of the Supreme Court Judges & the depth to which they are willing to plunge to please their Political Masters. The brief details are:- In some cases of Land Acquisition, the Government acted in fraud of their powers & cheated the affected persons by not holding the inquiry under Section-5A(2) although it claimed to have done so as a result the High Court was not left with any option & quashed the Section-6 declaration in respect of the lands of only those petitioners who had approached it some petitions went up to the Supreme Court & the summary of the Supreme Court Judgment in this case & many other similar cases is that :- If the Government acts in fraud of its powers then the benefit of quashing of the Section-6 or any other proceedings of land Acquisition would accrue only to those who go to the Courts but if even one of the Land owners gets a stay of proceedings for his land then the stay obtained by one will be used to deny the benefic provisions of the Land Acquisition Act like interest etc to all & even in cases where the Judges make a mistake by not specifying in their stay orders the lands, the same result will be there. Therefore what these learned Judges wish the public to believe is that the Parliament of India has made a Law which has put an impossible burden on all the landowners covered by Land Acquisition notification that they should submit meekly to the L.A. proceedings no matter how illegal & arbitrary the proceedings may be & ensure that not only should they themselves not obtain any stay order but it will be obligatory upon each & every one of them to ensure that no body else also challenges the same & obtain any stay on any stage of the L.A. proceedings as the folly of one would apply to all. Had this case been decided by a High School student of some good school then the Judgment would have been to register a case of fraud against the concerned Government servant who played the fraud (of fraudulent Section-5 hearing)& Section-420 IPC proceedings would have been initiated. It is quite apparent that even the Supreme Court Judges have not understood the word “any” used in explanation to Section-6(1) & explanations to Section-11-A,Section-23(1-A) etc which has to mean that it has to refer to the particular land only in relation to which stay was obtained as is clear from the phrase “any particular land” used in 1st proviso to Section-6-(1).
20. Similarly these Judges of the Supreme Court have reached a consensus that as per the Land Acquisition Act, if the Government takes possession of the Land then it can not loose possession even if the same has been taken/obtained by fraud. They say that there is no provision in Land Acquisition Act for reverting of land back to the owners even if the award is Quashed-What these judges mean is that a Criminal should be allowed to enjoy the fruits of his crime. What they say is that the Land will vest in the Government “free from all encumbrances”. That may be true but it can only mean that the land will so vest only if the possession has been obtained after following all the due provisions of law & it will naturally revert back to the erstwhile owners in case of any illegality & all that the Government can get is the refund of any Compensation paid-minus some reasonable penalty of fraud Free from all encumbrances will only mean that the rights of the earlier owners will cease (again subject to the following of all the due provisions of law) but the purpose of Acquisition will come as a fresh encumbrance on the land & the Government will have to use the land only for the purpose for which it acquired. Any other interpretation will mean that the Government can acquire the land of Citizens by saying that it wants to build a School in the Residential colony, the Land owners may not object due to the usefulness of the purpose. Now once the government Acquires it can it then build a foul smelling Garbage Dump instead? As per these August Judges—it can.
21. In hundreds of cases these Judges have ruled that the Master Plan of the City can not bar Acquisition of land for public purposes, “whatever may be the User of Land in the Master Plan, the Government can always acquire land under the Land Acquisition Act for public purpose”, while this view may be acceptable in only rarest of rare cases of emergency nature but the affect of their Judgment is that firstly the Government can acquire some Lands “for Planned Development of say-“Kanpur” without having any plan at all then afterwards they can make a plan & allocate land for Residential, Commercial Industrial purposes & reserve say 10 % of the area for Green Belt / Parks /Open Spaces/forests & thereafter having utilized/ sold all the sellable land for Residential, Commercial Industrial purposes & finding that the Supreme Court & High Courts have in many cases held that the Master Plan land User of Parks/forests etc should not be changed for other purposes by the Authorities, to bye pass this they can then bring in a Land Acquisition notification for acquiring these Green areas/Parks/Forests/Open spaces also for say residential purposes & then the Judges will say that there is no bar of Master Plan for Acquisition of land for public purposes”, the result will be that there will be no longer any green areas in Cities. Take the case of Kanpur City, in 1970 a Master Plan was made in which thousands of acres was left for Green Belt/Open Spaces for Organized Games? Green Links. The Government sold all the land for Commercial/Industrial/Residential Uses but instead of developing the Green Belt/Open Spaces for Organized Games? Green Links, Awas Vikas brought a Residential Scheme in Green Links, & now Kanpur Development Authority is acquiring the Green Belt & Open Spaces for Organized Games for the declared purpose of Residential Colony under New Kanpur City Scheme. Now the Courts will say that the Master Plan does not bar the Government from Acquiring Lands for public purposes. Therefore you can well see how the Foolish Judgments passed by Supreme Court are ruining the Cities & the Country.
22. Sir you & your Party promised much, your party-men are most vocal when it comes to debates on the media in front of an audience, I would like to know as to what you plan to do to purge the Judiciary & completely overhaul it as small changes here & there will only be cosmetic. If you can not do it then why do you not close down all the Courts & stop the Drama of Justice to all being played on the People of India. At least during the British period the Judges were partial only in cases where the interest of their empire clashed with those of the public in all other cases they dispensed justice, The Collector held Court even under Trees Attired even in his half pant & hat , They came from a prosperous & cold Country yet they made do with Khas Ki wetted screens & cloth fans They sweated in their seats ,made do with Mosquito nets but carried on their duties my Hats off to them.
23. Now look at the present judges they sit in their opulent Chambers in Air conditioned comfort leave their air conditioned Palaces in air conditioned cars only to return back to them after completing the Drama for the day. Except for service matters {In which cases the Judges go to any extent to grant relief as they themselves consider them selves as servants of the State} in all other matters their decision depends not on the merits of the cases but on the Faces of the Advocates who plead them, on their lobbying, on their relations with them in such cases they find points or excuses to either grant or refuse relief depending whether they like or dislike them. However in cases against the Government the judgment is mostly in favor of the Government & the judges themselves raise objections which even the Government counsel do not make.
24. It is most surprising that they are listing hundreds of cases daily which means that they are supposed to read thousands of pages of the files which is an impossibility meaning there by that they can not & do not read the files how then are they delivering justice? Therefore the blindfolded lady having a scale in her hand used in Indian courts i.e the goddess of Justice in the Indian context depicts that Indian Judges dispense justice without even reading the files. It is all a Drama being played on the people, if they have more cases then they can handle then they should either force the Government to appoint more Judges or they should resign in protest to force the Government to act if at all they have the interest of justice at heart Sir I am ashamed of them.
25. May be you can do much more by going back to the Bar & pleading the cases of some poor people in need for a nominal fee/free of cost.
26. Is clinging onto seats the only priority of men in power as that of those on the Bench. I am sorry to say it but Sir I am ashamed of The JUDICIARY OF INDIA as should be you. I challenge you to go as a common Citizen & ask any Advocate of any Court in India including the senior advocates & they will all tell you one thing that if you are claiming any relief from the Courts against the Government( other than in service matters), then you are not likely to get any relief against the Government because in cases against the Government, Judges simply do not give it, there is no question of any merit no matter howsoever arbitrary & unjust the act of the Government body may be.
27. I am enclosing some more Newspaper articles which show the acute mess the Country is in. Annexure-5 is News-item published in two Newspapers in Kanpur on 17-11-2003 in which the Supreme Court says “Everybody is for sale”. Annexure-6 is the News-items carried in various Newspapers on 24-02-2004 regarding Ahmedabad Magistrate taking bribe for the issue of Arrest warrants against President Abdul Kalam Azad & Chief Justice of India V.N.Khare. Collusion between advocates & Judges.Annexure-7 is the News-item published in Amar Ujala Kanpur on 16-2-2004, in this the Chairman of the U.P.Bar Council says that only 50 % of advocates in U.P. are actually engaged in legal practice while the balance 50 % are only acting as Touts(Commission Agents)..it is therefore clear that it is only the Judges of the Courts who are recipients of the Commission/Bribe. The files of the cases in which bribes are paid by the litigant are called for by the Judges & decided on priority basis while other files are allowed to linger on for years & years & years….Has the Government ever bothered to check as to why cases filed years earlier are pending while those filed years later than the earlier bunch are disposed off. How is it that even the High Court & supreme Court are engaged in this practice. Why is it that in the Case of the B. S. P. rebels filed in about 2003 in Lucknow High Court, the High Court found time to hear the case on a regular basis & decide it while Lakhs of much earlier cases are pending even in the Supreme Court, some cases are being decided after forty years while those of other prominent persons are decided within days.
28. That the honest Citizens of the Country have rejected the INDEPENDENCE. Hardworking Youngsters from Punjab are willing to risk their life & limb to reach U.S. or Europe & become the Citizens of the erstwhile Colonial powers. Similar is the situation with youth of Goa who would give their all to become Citizens of Portugal the erstwhile Colonizing power. Recently when Israel made known its decision to recognize some Jewish Community of the North Eastern State of India & offered Israeli Citizenship to them there was an headline in Outlook magazine to the effect “Wave of Joy swept through the region on the Israeli decision” please note that this wave of joy was due to the fact that these people wanted to be rid of the Indian Citizenship. Millions of hardworking artisans & skilled workers are willing to settle even in the Authoritarian regimes of the middle East even at the cost of facing religious persecution. Demands
29. Therefore please note & make a law to ensure that all cases in the lower Courts are decided within six months, all appeals within another six months. All Writs/cases/Appeals in the High Court are decided within six months & similarly the Supreme Court also decides all cases before it in six months therefore no case should be allowed to drag on beyond this period.
30. The cases of Land Acquisition & its Compensation should be decided& finalized within one year even if they go up to the Supreme Court.
31. The power of the Collector under the Land Acquisition Act to declare the Award should immediately be withdrawn & the Compensation should be decided by a Committee consisting of members of the public of the area & complete Scheme of rehabilitation of affected persons should be made prior to launch of proceedings.
32. Put down clearly in the Land Acquisition Act-1894-That the Possession of Land will revert back to the owner, in case of any illegality found in following the provisions of the Land Acquisition Act. The owner( in case he wishes it back) will simply have to return the compensation received-Minus- the penalty which he can deduct from that amount due to the illegality committed by acquiring Authorities.
33. Make it clear in the Land Acquisition Act-1894 that “any particular land” means the land belonging to the owner & that in case even if the High Court by mistake fails to confine any stay order to the particular land of the petitioners even then it will be read to relate to the land of the petitioner & any stay order obtained by one person will not deprive the others from the benefic provisions of the Act. Also make it clear that in case any illegality is found in the Land Acquisition proceedings by the Courts resulting in quashing of the Proceedings relating to lands of certain petitioners then the benefit of the Courts orders will be offered to all the land owners who due to financial or any other reasons, may not have approached the Courts.
34. After every month, all the Judges of the Courts should be compulsorily asked to take a Polygraph test where firstly they should be examined about the cases decided by them to see that they have firstly read the entire file secondly that they have decided the case on merits alone & not on any other motive.
35. Since the Judges of the Courts are so fond of sending the accused persons(howsoever false the case may be) to Jail(Judicial custody), a law should be made to ensure that they themselves remain in Jail under the same condition as the other persons in Judicial custody at least for a week every year without any special favor shown to them so that they will learn a little more about the fundamental rights as laid down in the Constitution.
36. No Government Advocate/Counsel should be made a Judge of any Court. Judges should be restricted to dealing in cases relating to their own field of experience. Not more than 20 cases should be listed before any Judge in a day.
37. No advocate above forty should be made a Judge & Judges should be made to retire at Fifty years of age as older Judges are more prone to become system oriented then younger ones & are likely to become more rotten with age.
38. Article-13 the most important article in the Constitution has been most neglected & little understood by these men in black therefore an endeavor must be made to test all the laws in force & see if there are any which do not violate Article 13.
39. All the fundamentals of life in India namely Education, Health, Justice & Housing are under the control of the mafia out of these the last two are under control of the Government which itself is the biggest mafia in control of Justice & having monopoly over Housing Land. these basics of life are priced out of the reach of the masses.
40. While the average salary of a worker in India is only about Rs 1500/= per month, The Government has by the Fifth pay commission increased, extravagantly, the salaries of Government Employees & the Multi national & Big Business Houses are offering starting salaries of tens of lakhs of rupees per annum with the result that the increase in buying powers of these ten percent households has made the life of the common man all the more miserable & taken further away from him the basics of life which have become dearer. Therefore howsoever retrograde it may seem yet there has to be upper limit to the salaries paid in the Country.
41. Land for Housing purposes covers all the paraphernalia that is necessary for man’s physical convenience from the site of his house to his roads to his railways, shops, public places, Recreation spaces & his factories. Man has always used land lavishly if he has been able to afford it. He has never paid any heed to the limitation of land available to him either through a willing seller or a willing Government which has often used the land Acquisition Act in a Ruthless manner as it has the other instrumentalities at its command-namely the Judiciary; Legislature; Executive; the Military & the Police. To achieve its objective of usurping the resources of the Country to redistribute them to a chosen few. This 10% of the populace comprising of Government functionaries, Judiciary, Bureaucrats & top brass of the Army & Police & some super rich persons are thus consuming the dreams & aspirations of the 90 % have-nots of the Country.
42. As social status has always been associated with control over more & yet more land, the rising fortunes of of a urban family puts more & more pressure on scarce Housing Land. A family will first move from a tenement flat to a suburban house with a small garden thence to a larger house & so on this is of course justifiable but to a limit. The Super rich will shift to mansions with acres of grounds, lakes & orchards. Some even maintain a number of residences This rape of scarce land has been allowed to go on by the help of a sympathetic Government which has always had a soft corner for the Elite as they themselves belong to the same strata of society. While the deprived sections are deprived of even the minimum land needed for a shelter over their heads.
43. The Urban Land ceiling Act-1976 failed due to a corrupt Administration & captive Judiciary & later on instead of correcting & resolutely implementing it a Elitist Minister threw the Act in to the waste paper basket & scrapped it altogether & since then property prices have risen ten fold due to wide scale speculation in land.
44. As you are aware, speculation in land has become the national Sport of India & Indians, every body including Governments, State Instrumentalities, politicians, Traders, Government officers & officials, Judges & other rich & powerful persons are engaged in buying, hoarding & selling at profit, land all over the country. In case of housing land in urban areas, the State Instrumentalities & Authorities are themselves the biggest mafia.
45. The Government Instrumentalities are hoarding the acquired lands(acquired on a large scale) like Sukkhi lala of Mother India (who used to hoard grain & ask for the honor of needy women in return for it)& releasing land in small quantities of schemes of a few acres each thus creating a artificial shortage of land & jacking up the prices every now & then, the release price bears no resemblance to the cost of acquisition & the increase in rates are wholly unjustified. While all the other necessities of life including income of honest Countrymen have seen a jump of about 30 to 50 times over the last fifty years, the price of Land has gone up by about two thousand times, taking it beyond the means of the majority.
46. The high cost of the basics of life is turning everyone in to thief those in the Government who are not on seats of power & thus denied extra income by way of bribes are being forced to resort to other questionable means to supplement their incomes. The Army is being charged of selling off petrol during transportation & instead carrying water in its tankers & dumping in the fuel dump(case reported from Jammu recently) then there was the News of selling off of subsidized Liquor of Army Canteens in to the open market by Army Generals. Such a situation is deplorable but how do you expect a well read, sophisticated Army Officer to pay for the professional education (Medical/Engineering/MBA/) of his Children which can presently cost about Rs twenty-thirty lakhs per person in India. How can he buy a House for himself which in keeping with his status can cost upwards of Rs one Crore in a good-sized City. Are you paying him that kind of a Salary to him? Therefore by allowing for large-scale speculation in land as well as surrendering the Education & Health services to the Mafia forces you are destroying the Institution of the Army as well. DEMAND:- 1. Put a Cap of Rs 5 Lakh per annum on salary. Any salary paid by any
person/company/corporation above this limit should not be allowed to be
deducted as expenditure for the purpose of tax.
2. Relate Income Tax/Corporate tax with employment. A corporation/company
/individual employing more employees should be taxed at lower rate for the
same income than one who employs less employees.
3. Make the income tax law simpler & do away with all exemptions after a
Exempting a minimum income so that the role of Chartered Accountants is restricted to Accounts only & there is no need of any Tax planners & advisors.
4. Make a law to ensure that for Government Service, the maximum salary
payable including all perks is not more than three times the minimum salary
payable. Thus if a Peon is paid a starting salary of Rs.5000/=per month then
the highest salary payable to the highest ranking officer should not be more
than Rs.15000/= per month.
47. Thus being denied from much needed Housing Land, the poor clustered around & settled in to slums on these vast & surplus Government Lands, they settled on Railway lines, on the foot paths, on the roads, on & in the drains, in cement sewer-pipes lying on roads on Junkyards & even Land fill Sites & all other unhygienic areas where they get a chance- from where they are uprooted time & again, with the help of the Police by the brave hearted men of these Authorities as well as the High Courts & Supreme Courts who have never gone in to the root of the problem & simply harp on such & such Law. & never suggested a solution.
48. It will be interesting to note the Observations of the Supreme Court in three cases to reach the conclusion as to how we have failed after independence to plan for our poor who were much better of under the British in any case under them there was no dearth of housing sites. It was observed in the case of State of west Bengal v/s Terra Firma Investment & Trading private Ltd, reported in 1995SCC(1)125 “during the British period the villages were self sufficient & thus there was very little urban growth” ………..direction-10:-“the development of city or urban area is to last for centuries as such authorities are expected to anticipate & foresee the problems that may arise due to future growth of the Population”.
49. Now compare this with the Observation of the Supreme Court in the case of Olga Tellis & Ors v/s Bombay Municipal Corporation & ors reported in 1986 AIR, SC,180 & 1985SCC(3)545 & thereafter in the case of K.Chandru etc etc V/s State of Tamil Nadu reported in 1986AIR,SC204 & 1985 SCC(3) 536 wherein it is observed “the massive migration of rural population to big Cities is because of lack of livelihood in the villages. If he is evicted from the slums, pavement in city then his very right to life is in jeopardy in violation of Article 21 & 19(1)(e) & (g).
50. The Supreme Court clearly said that Slums are due to the failure of the Authorities in implementing the Master Plan provisions. All this was merely lip service, the Supreme Court has failed abjectly to see that no plans have in fact ever been made for the poor in the first place & the Master Plans are Patterned on the western pattern & cater mainly to the elite.
51. The Governments are compounding the acute problem of Housing lands in the cities by charging land use conversion money. You should make laws to discontinue the practice immediately instead you should take the following steps:-
1.The Ceiling Act which was repealed in 1999 has to be reenacted(after removing
the discrepancies under the earlier law) if the Country is to be saved. There should be a ceiling of 300 to 500 sq meters per family in the case of plots & 3500 to 4000 Sq feet in case of Flats & this ceiling should apply to all towns above 300000 population otherwise by 2030 INDIA will be the biggest Brothel of the World because Housing Land, Health services & Education ,all three basics of life being controlled by the mafia the people are no longer able to afford them by their legal earnings.
2.Ban Sale of Agricultural land in the Development areas to non agriculturists(
those whose families did not hold agricultural lands at the time of Zamindari
abolition Acts within 8 km radius of the then city boundary, now Urban area).
3.Give exemption to qualified builders including exemption from stamp duty with the restriction that they will have to complete their Schemes within 5 years, by which time all the land/flats built by them as per the layout plan should be sold & registered in favor of purchasers.
4.Allow a minimum of 2.00 as F.A.R & in case of lesser ground coverage an F.A.R of up to 3.50.
5.While providing for a maximum F.A.R, provide for a minimum F.A.R as well so that only the needy buy the scarce land. Thus a minimum F.A.R of at least 1.5 should be enforced. Fix property tax rates on this basis. Start charging penal rates of property tax on properties which do not consume this minimum F.A.R within two years of purchase. Provide for compulsory Acquisition of all un-built-upon plots at a maximum of 50 % of the cost of its acquisition by the purchaser if they do not consume the minimum F.A.R. within five years of purchase.
6. The minimum permissible F.A.R to be compulsorily occupied in compliance of the Ceiling law , Thus an unoccupied dwelling unit to attract penal rate of property tax as compared to a occupied one.
7. Exemption from Rent control Act to all new buildings as well as buildings constructed within last thirty years for all time.
8. Bring down the Stamp duty to 2 %.
9. Ensure for provision of minimum 50 square meter of Housing land to all slum dwellers free of cost or at rates affordable to them based on the average earnings of Indians after excluding the earnings of the higher earning ten % . of the populace.
10. acquire all surplus lands lying idle with Government departments, NTC mills & shift the Government Officers to modest accommodations & reclaim scarce land & redistribute it to the poor free of cost.
11. Give these lands on lease, free of cost to Educational Institutes who under take to impart quality Professional Education at affordable rates to the Citizens.
12. In Cantonments, allot surplus lands to Professional Institutes on lease, free of cost& reserve 100 % of the seats in these colleges for Children of army men.
52. Sir the day The President, The Prime Minister, The Ministers of India move into modest Houses out of their Palaces as is appropriate for our poor Country, that day The Country will move into an era of Light as it did into darkness when they moved into their palaces after Independence because then others will also fall in line till then we are doomed for a Thousand years of darkness.
53. That in keeping with the Socialistic Character of Indian Constitution, it is imperative that the following steps are taken at once & needed Law passed:-
1. Shift the President of India to a more modest accommodation & either sell the real Estate of Rashtrapati Bhavan & use the money to provide Houses to the needy in Delhi or to settle the needy right on its site.
2. Restrict the Ministers of the Union & the States to Bungalows of maximum 2000 Square meters.
3. Restrict the Prime Minister & Chief Ministers of the States to Bungalows of maximum 4000 Square meters.
4. Restrict the Members of Parliament & the Members of Legislative Assemblies to Bungalows of maximum 1000 square meters Or Multistory Flats of Maximum 500 Square meters floor area.
5. Restrict the I.A.S Officers & I.P.S officers to Bungalows of maximum 500 square meters Or Multistory Flats of Maximum 400 Square meters floor area.
6. Restrict the other Central & State Government Officers to Bungalows of maximum 350 square meters Or Multistory Flats of Maximum 300 Square meters floor area.
7. Use the saved lands for benefit of the poor.
Problems of Villages falling in the trap of Urban authorities
54. Now the Problems of Villages falling in the trap of Urban Authorities also need to
Be sorted out the rot started after enactment of the Delhi Development Authority Act & thereafter analogues Acts were passed in other States wherein the declared purpose was for resolutely tackling the problems of Town Planning & for that purpose it was decided to make a master plan & then to resolutely implement the same, a task in which all the concerned Government departments & Authorities have not only failed miserably & but also the officers have privately minted thousands of crores of rupees
55. That the State can make bad Laws is not. disputed, in fact the Article 13 of the
Constitution takes this possibility in to account.
56. That the main & hidden aim of the Bureaucrats, in to getting the Urban Acts
passed”, was to bring the vast Land resources of the Nagar Mahapalikas & Nagar Nigams, which they had acquired on a large scale, by public funds, in the decades of the fifties & Sixties as also Lakhs of Hectares of Village common utility lands( under Gaon Sabha/Gaon Panchayat)from under the control of the elected ,Peoples Representatives, to under the control of the Bureaucrats of the Centre/State so that they could make thousands of crores by mis-utilizing these lands, for their own vested interests.
57. After the enactment of these Urban Acts, hundreds of Villages were included in the
Development areas, only due to the malafide intention of usurping their common utility lands & these too illegally, reference may be made to the representation sent by me to more than hundred Members of Parliament as also to State & Central Government departments& various Chief ministers, including that of U.P., as early as 20-12-2000 & later on reminders were sent on 12 January 2001 & 19 September-2001. In which the problems of the Villages trapped in Urban areas were raised & solution was also suggested that all the common utility lands should be collected together & attached to the Village Abadi sites, when the private lands of these Villages are acquired for urban Development. Thus the Villages can be developed as Campus Villages along with all their 50 to 60 acres of common utility lands & coexist in the same manner in the area/City as hundreds of other Purely Urban Establishments of hundreds of acres exist as Campuses in the Cities, such Urban Establishments are-Universities, Engineering Colleges, Medical Colleges, Government Offices, Hospitals, Bus Stations, Mills, Polythechnics, I.T.I’s, I.I.T……..in Kanpur alone there are hundreds such establishments, some of them having more than 200 acres of land. The brief points are:-
1. That can the Urban Development Authority, shift all the Cattle to the Villages, in order just to save the City from the so called filth, without the Villagers to whose villages they are shifted , having a say in this regard.
2. That can the Urban Development Authority, shift all the Pigs to the Villages, to pollute them, in order just to save the City from the filth, without the Villagers to whose villages they are shifted, having a say in this regard.
3. That can the Urban Development Authority, shift all the Slaughter Houses to the Villages, to pollute them, in order just to save the City from the Health hazard, without the Villagers to whose villages they are shifted, having a say in this regard.
4. That can the Urban Development Authority, throw all the Garbage in or near the Villages, to pollute them, to save the City from the so called filth, without the Villagers to whose villages they are shifted, having a say in this regard.
5. That can the Urban Development Authority, shift all other Obnoxious trades to the Villages, to pollute them, in order just to save the City from the so called filth, without the Villagers to whose villages they are shifted, having a say in this regard.
6. That can the Urban Development Authority deprive the Villagers from their common utility land, so necessary for their traditional trades & occupation, which become the only source of livelihood after the acquisition of agricultural lands & at the same time not offer them some alternative trade or occupation, which may not require these lands.
7. That can the Urban Development Authority deprive such Villagers, who never had any private agricultural lands ever and as such are totally dependent upon these common utility lands for their livelihood, such as Kumhar, Shephard , fishermen, Barber, Cobbler, small shopkeepers who sell their ware on village Haat Bazar Lands, persons collecting honey in the village forests, there are many such trades & occupations of the villagers.
8. That the answer has to be naturally no but thousands of hectares of Village common utility lands have been sold off by the Urban Development Authorities, these lands were vested for purposes of the Agrarian Reforms Acts enacted by various States. Taking as an Example, U.P. Zamindari Abolition & Land Reforms Act-1950, These lands were vested under Chapter VII & should have been utilized for the benefit of the Villagers of the Villages, wherein they were situated & the relevant legal provisions are. That it will be pertinent to quote here the reasons & objects of U.P.Zamindari Abolitiuon & Land Reforms Act-1950… the statement of objects & reasons as published in U.P.Gazzette Extraordinary Dt.10 June 1949.very specifically reads about the common utility lands as hereunder:-
“All lands of common utility such as abadi sites,pathways,wastelands,Forests,Fisharies,public wells,tanks and waterchannels will be vested in the Village community or the Gaon Samaj consisting of all the residents of the village as well as the pahipasht cultivators.The Gaon panchayat acting on behalf of the village community has been entrusted with wide powers of land management.This measure which makes a Village a small Republic and a Cooperative community is intended to facilitate economic and social development to encourage the growth of social responsibility and community spirit.”
58. The other relevant legal provisions for these lands are_
(i). section 28 KHA of U.P.Panchayat Raj Act 1947. (ii) - 24-A under U.P.consolidation of holding Rules 1954. (iii)- U.P. Panchayat Raj Act 1947 sections 28KA,28KHA & 28 GA. (iv)- Gaon Sabha Manual. (v)-Chapter-VII &Rules made under the U.P.Zamindari Abolition & Land Reforms Act-1950.
59. That therefore in view of this these Lands even after the inclusion of the Villages in Urban areas should have been utilized for the benefit of the Villagers to whom these lands belonged because Any Ownership rights of the Government can only be subject to the overriding traditional rights of the Villagers i.e the original settlers.
60. That it was only after Independence that by various Agrarian reforms of the States, in the late forties & early fifties the Villagers who were merely tillers, dependant on the whims & fancies of the Zamindars , became owners & the Concept of Villagers as Mini Republic was born, this was further fortified by the adoption of the Constitution. Are we to then understand that by the mere inclusion of these Villages in to Urban areas, the Rights of the Villagers in their common utility Lands, on which their entire Livelihood i.e Fundamental Right to life as guaranteed by Article-21 of the Constitution depends get Extinguished?
61. Are we to understand then that the Mini Republics i.e. Villages soon after getting this status under Agrarian Reform, can be sacrificed merely for the sake of some Urban Law?
62. Do all the Villagers, after the inclusion of their Villages in some Urban area & Acquisition of their private Agricultural Lands, automatically get some Urban profession & occupation? Certainly not. What about the majority of the Villagers who had no private lands & thus got no Compensation, are they to simply turn in to beggars or coolies or manual laborers or Domestic helps or Rickshavalas in urban House holds or in some other undignified profession & die?
63. These poor villagers, always had the reserved lands for Extension of Abadi(out of the pool of their common lands) to fall back upon for accommodation free of cost or at very reasonable rated when their families expanded. Now after their inclusion in Urban areas are these poor people expected to buy at thousands of Rupees per Square meter, their these own very lands from the Usurping urban Development Authority when their family expands/their Children come of age? Or in the alternative live on the road or in some Unauthorized Slum?
64. What about Article-13 of the Constitution? Will these Government Concubines(Judges) hold this highly inhuman act of the State as reasonable & just as they have been doing all along?
65. That the 74th Constitutional amendment w.e.f 1-06-1993, tries to address this problem & suggests a solution:- Article-243 –P, defines vide clause ( c )-“Metropolitan Area” means an area having a population of ten lakhs or more, comprised in one or more districts and consisting of two or more Municipalities or Panchayats or other contiguous areas, specified by the Governor by public notification to be a Metropolitan area for the purpose of this part;
66. That in view of the above, all the development Authorities having more than 10 lakh population, qualify as Metropolitan area as most of them have one or more Municipality & many Panchayats in their Development area. should have been declared to be Metropolitan Area in 1993 itself & the Urban Development Authority should have been abolished or at best it could be continued only as an Engineering Wing of the Metropolitan Area Authority. The Constitutional amendment certainly takes away the planning part from the Urban development Authorities.
67. That is it the Governor who himself notifies the Metropolitan Area? The answer certainly is no, it is the Bureaucracy which makes the proposal & after it is approved by the Governor, the same are notified. The question arises that if the Bureaucracy neglects to do so in their own vested interests, then is the constitutional mandate to become fruitless? Will then, Kanpur Development area or the Lucknow Development area and many others, which do qualify will not be declared as such in the vested interests of the Bureaucracy?
68. That the question arises as to why the Bureaucrats will subvert this constitutional mandate? The reason is because the Bureaucrats will loose the control over the Lands & resources of these areas, which they so cunningly usurped by getting enacted the Urban Planning & Development Acts. These resources will go back to the people, under the control of the peoples representatives.
69. That Article-243-ZE. COMMITTEE FOR METROPOLITAN PLANNING—
(1)- There shall be constituted in every Metropolitan Area a Metropolitan Planning Committee to prepare a draft development plan for the Metropolitan area as a whole.
(2)- The legislature of a State may by Law make provision with respect to – (a)-The composition of the Metropolitan Planning Committees; (b)-The manner in which the seats in such committees shall be filled; Provided that not less than two thirds of the members of such Committee shall be elected by from amongst, the elected members of the Municipalities and Chairpersons of the Panchayats in the Metropolitan area in proportion to the ratio between the population of the Municipalities & the panchayats in that area ; (c)- The Representation in such Committees of the Government of India and the Government of the State and of such organizations and institutions as may be deemed necessary for carrying out the functions assigned to such Committees; (d)- The functions relating to planning and co-ordination for the Metropolitan area which may be assigned to such Committees; (e)- The manner in which the Chairpersons of such Committees shall be chosen.
(3)- Every Metropolitan Planning Committee shall in preparing the Draft Development Plan— (a)-have regard to--- (i)-The plans prepared by the Municipalities and the Panchayats in the Metropolitan area. (ii)- matters of common interest between the Municipalities & the Panchayats including co-ordinated spatial planning of the area, sharing of water & other physical and natural resources, the integrated development of infrastructure and Environmental conservation; (iii)- The overall objectives and priorities set by the Government of India and the Government of the State; (iv)- The extent and nature of investments likely to be made in the Metropolitan area by agencies of the Government of India and the Government of the state and other available resources whether financial or otherwise; (b)- consult such institutions and organizations as the Governor may by order specify.
(4) The Chairperson of every Metropolitan Planning Committee shall forward the development plan, as recommended by such Committee, to the Government of the State.
70. That by the above Constitutional amendment, solution to the problems of Villages falling within the trap of Town planning Authorities has been tackled,to some extent. The Villagers have been given a say in the sharing of physical & natural resources, & integrated Development of infrastructure etc has been provided for, the Villagers can place their own conditions like provision of roads, water supply, electricity supply etc before acquisition of their lands, similarly, they can insist that any obnoxious trade or industry or Garbage dump of the City shall be situated in an area, which should be far away from their abadi sites, they can also object to the Cattle Colonies or Pig colonies being situated near to their abadi sites, such privileges are presently denied to them arbitrarily.
71. That by the Constitutional Amendment, control of the Planning process has been again transferred to the peoples representatives, from whom it was usurped by the Urban Planning & Development Acts but the Politicians of the State & Centre & the Bureaucrats till today have not given effect to the Constitutional mandate, there is no place for any purely Urban Development Authority in the Constitutional amendment, whose role has been restricted to Development areas of less than ten Lakh population. So the question arises as to have the Bureaucrats been sitting idle while their so cunningly made Castle of Evil crumbles around them? The answer is no they are very active in mischief making.
72. That in the case of U.P.instead of making amendments in the U.P.Urban Planning & Development Act-1973, as should have been done by declaring Large Development areas as Metropolitan areas & bringing them out of the purview of this Act & disbanding the purely Urban Development Authorities in these Metropolitan areas, they have gone ahead & made the amendment in the U. P. Nagar Nigam Act-1959 although it is not clear if any of the Nagar Nigams have any Panchayats in their Boundaries to qualify presently as a Metropolitan area, so the benefits of the Constitutional amendment have been thrown in the Dust bin for all practical purposes.Similarly in other States.
73. That in U.P. Nagar Nigam Act-1959, by U.P.Act.No.12 of 1994, Section-57-A has been inserted by which, the No. of peoples representatives as provided in Article-243ZE-(2)-has been fixed at the minimum two thirds as provided & that of Bureaucrats to the maximum one third as provided, by Section 57_a (3) (b)-Secretary to Urban Development Ministry of State has been made a member & by clause(x)-MOST SURPRISINGLY Vice Chairman of the Development Authority in the Metropolitan area has been made a member.
74. That there is no mention of any Urban Planning or Development Authority in the Constitutional Amendment, there is no mention of any Master Plan of Development area, instead only the Master Plan of Municipality & the Panchayats has been mentioned yet the cunning Bureaucrats have ensured the continuation of the Purely Urban Development Authorities in the Metropolitan areas, planning for future welfare by way of ghotalas & bung lings for their I.A.S. colleagues.
75. That the question arises, whether the Urban Development Authorities, brought any new or special skills to the Town Planning System, by their establishments? The Answer is no. They only brought another I.A.S. officer in to the system, as for the rest, the Nagar Nigam, already had full fledged, Town Planning Division & Engineering divisions, some of whom were transferred to the Authorities. The Nagar Nigam Acts had the provisions of Town Planning, Master Plan etc. Why then were they established & why should they be allowed to continue specially, after the 74th amendment? This question has already been answered, namely to bring the Vast Land resources of the Nagar Nigams, acquired by tax payers money of its citizens, to under the control of Bureaucrats.
76. That the Municipal Corporations are thus the nearest Government for the Citizens of the City, & being entrusted with the Obligatory duties of looking after the Citizens, right from registration of their births, to looking after their health by provision of water supply, provision of health services, to provision of healthy & clean, pollution free environment, & in the end by provision of disposing of even the dead bodies in case of needy citizens. It was thus most appropriate that during the British rule, the Municipal taxes were the taxes that the Citizens were asked to pay as the Municipalities were responsible for taking care of them, thus it was the endeavor of the Rulers to keep the Municipal Bodies in good financial & Administrative health. After the Independence, Sales tax, Income Tax & by levy of hundreds of other types of taxes on goods & services, the Municipal Taxes have taken a back seat & they are almost the last to be paid & due to the cheap populist measures practiced by politicians, one of their main source of revenue, Octroi has been denied to them and that to without even asking the their elected houses.
77. This gross abuse of power by the state & in fact deficiency in the Municipal law has destroyed the Municipal bodies. Secondly their vast Land banks snatched from them by Establishment of Urban Development Authorities have denied them from Huge funds, which have been appropriated by the Corrupt officers of these Bureaucrats of the concerned Departments at the Centre/State Who have mis-utilized these lands in their vested Interests not a day passes by without the News of some Hundreds of Crores Scam of some Urban Development Authority of the Country. The value of Land, sold, misappropriated in league with land mafias, or gifted away by means of dubious transaction to favored few, in the vested interests of the officers is in the range of several Crore ,Crores of rupees.. The mere sanction of the map of a two hundred square meter plot fetches these Authorities many thousands of rupees in official fees alone
78. That It is being reiterated that even after denial of all the revenue generating activities of the Corporation, not a single obligatory duty has been reduced, The Corporations now stand as beggars before the State Government /Centrefor dole, just as a Dog stands before its master for a Bone. Ask any one & any where & you will find that before the Establishment of the Development Authorities, when the Improvement Schemes were under the Municipalities, The Land was not so deer, the atmosphere was not so polluted, the Roads were not so crowded, The electric supply was 24 hours, the water supply was adequate, the people were healthier, the rivers were healthier, The roads were better, there were footpaths on the roads to walk upon for the pedestrians, the Parks were better maintained in the early Seventies.
Demands For Protection of Villages falling in trap of Urban Authorities
79. It is therefore imperative that :-
1. That in the Light of the 74th Constitutional amendment , All the Urban
Development Authorities in Development areas of more than ten lakh population & meeting the qualifications as provided by Article 243-P (c) should be dissolved immediately & all the Master Plans being made by them or which have been made by them, without consultation with or without taking in to account the Master Plans of the Municipalities and the Panchayats should be repealed.& The Constitution should be further amended to very clearly & unambiguously set down the Law for protection of the Right to life of the Villagers by way of safeguarding their Common Utility Lands & their Development as Campus Villages upon their inclusion in Urban Conglomerates or Municipalities for at least three generations after they are so included.
2. That Metropolitan Areas should be declared in all Urban development areas, meeting the qualifications of Article-243-P(c ) & Metropolitan Planning Committees should be established & the Draft Development Plan of these areas should be prepared as provided by Article-243-ZE & the same should then be implemented.
3. That the Central Government should bring forth a law for disclosure by the States of the entire details of the common utility lands of the villages under control and management and jurisdiction of Urban Development Authorities and Municipalities/Municipal Corporations immediately and to draw a common policy and guidelines for utilization of these lands for the benefit of the weaker sections of villagers for whom they were left vide the Agrarian Reforms.
4. That all encroachments and constructions made on these common utility lands contrary to the provisions of the Agrarian Reforms should be demolished and removed henceforth& these lands Should be ordered to be put to use for the benefits of the weaker sections of villagers of the villages where they are situated as per provisions of the Agrarian Reforms.
5. That suitable provisions be made in law that in case some of these common utility lands can not be reclaimed & put to the benefit of the villagers then the present value of such lands based on the current prevailing Residential circle rates should be ascertained & the amount should be recovered from those responsible under whose control these lands were/ are being misused .The amount so recovered should be used to rehabilitate the original deserving inhabitants of the villages whose common purpose lands have thus been usurped.
6. That suitable provisions may be made & the Law passed that in future in cases of land acquisition proceedings extra care should be taken to ensure that no common utility land is acquired till an equal area, by acquisition of & exchange with privately owned land is made available to the villages & they are developed as Campus Villages within the Municipal/Urban/Metropolitan Area..
Denial of Medical services to general public
80. Sir the Government has been spending billions & billions of rupees from public funds on the Security & medical facilities of the President, the Prime Minister, the Ministers, the chief Ministers, the State Government Ministers, The Judicial Officers, The Government Employees. In fact you have monopolized & usurped the security & medical facilities of the Country for the chosen few while the general public is dying due to lack of even the most basic of medical facilities & at the hands of Criminals( as the Security personnel are mostly posted for VIP security. Now how can the socialistic Constitution of India permit this.
81. All our Hindu Gods & Goddesses carry a variety of arms, Shiv ji carries a Trishul, Hanuman ji a Gada, Ramji -A Bow & Arrows, Krishna ji & Vishnu-the Sudarshan Chakra, Even Balramji the brother of Krishna had a an Arm, Ganeshji & Lord Kartikeya are suitably armed, Ma-Durgaji, Ma Kali are carrying Arms in many of her arms thus the message of my religion for me & all my fellow Country men of my faith is loud & clear-Violence is a way of life for your own Protection,Be suitably Armed for any eventuality. Therefore the Government can not make any law to the contrary & at the same time Monopolize all the Security apparatus of the State for the own personal use of a few VIP’s.
82. Please refer to Annexure-8-News item dtd 7-10-2003 discloses “A poor father sold his daughter for Rs 5500/= to pay off the bill of a nursing home”-News-item dated 19-6-03 to the effect “deprived of proper medical help, a thirty year old youth meets a painful death in Ursulla hospital(Government Hospital).” News item dated 4-7-2003 says “ a Young girl ,unable to afford treatment hangs herself to death”. News item dated 26-6-03 “ Kavita Senapati seeks permission to sell her kidney to get money for treatment of her husband”. On the same Annexure-8, there is newsitem dated 18-6-03 which states “On the medical expenses in America, of The Minister without portfolio, Murasoli Maran, ten crores rupees have been spent during the last seven months & even then there is no hope of recovery, the Government is confused.
83. Please refer to Annexure-9-News item dtd 7-6-2003 “Son dies in lap of father as Doctor refused to take out bullet without payment of money”. News item dated-7-6-03 “Aur Chotu mar Gaya(and Chotu Dies) in Government Hellat hospital Chotu who had a bullet lodged in his spine & had been continuously screaming in pain for the last 15 days died because the Doctors were not willing to operate without Rs 20,000/=. News item dated-10-6-03 “Selling tea in spite of a bullet lodged in his throat since six months because of his in ability to pay 20000-25000/= demanded by Doctors of Hellat Hospital(Government Hospital).Newsitem dated 2-6-03 discloses how a youth, victim of a rail accident lost his life because no body gave medical help for hours after the accident.
84. Please refer to Annexure-10-News item dtd 2-7-03 headlined “Heartlessness of Doctor on Doctors day—a young pregnant women suffered & screamed for help on the floor of the Ursula Hospital for six hours, before being admitted the Touts deprived her off Rs 200 to get her admitted.” News-item dated 5-8-2003 discloses how Ishudin died in Hellat Hospital( Government Hospital) due to apathy of Doctors & hospital, staff”.
85. Please refer to Annexure-11-News item dtd 1-7-03 says “Maan singh , 25 years being unable to arrange money for treatment of Hepatitis hangs himself”. News item dated 11-Oct-2003 says “ A woman got injured by train—nobody took her to hospital, she screamed while lying on the track & died after one hour”. News item dated-29-06-2003 says “doctors refused to treat victim of armed robbery due to fear of police ---& he died”.
86. Please refer to Annexure-12-News item dtd 5-10-2003 says “Doctors throw out handicapped patient from Hellat Hospital who while lying in lap of his mother says—“Mother I will die while lying here”. News item dated.10-6-03 discloses how the Victim of road accident suffered & screamed for hours on the site of the accident & no body took him to Hospital”. Therefore it is clear that while the ruling class is getting all the medical help far in excess of the need( they are even getting free crores of rupees worth of useless tonics for themselves & their family, prescribed by doctors just to give orders to Pharmaceutical Companies) the masses are dying on the doorsteps of the Hospitals due to lack of medicines & treatment & due to fear of the Police, accident victims are not even taken to the Hospitals by passersby.
87. Even as the available medical facilities have been commandeered by the Government functionaries & the well off Elite comprising a total of not more than 10 % of the populace, the general masses are dying due to lack of Medicare yet there is wide publicity by the Mentally Sick Government to promote India as the Medical Tourist Destination of the World. Imagine if that were to happen & people from all over the world were to flock to India & make Medicare more & more expensive then what would be the fate of the poor who even now can not afford Medicare. The Doctors earn Lakhs of rupees everyday & at the same time trained but poor Nurses & other Medical staff toil for only a few rupees a day.
88. Demands for provision of medical services& Security to general Public
1. The Central Government & State Governments should make available from public funds, for treatment of a common citizen, the same amount as they would spend for the treatment of the Prime Minister, other Ministers of the Central Government, the Chief Minister/Other Ministers in the States, the Judges of the Supreme Court, The Judges of the High Court/subordinate Courts, the I.A.S officers, Other State & Central Government Employees. In short free medical aid should be made available to the Citizens irrespective of his or her status in life.
2. All the Citizens should be issued, on demand, Arms Licenses for their protection( instead of the present practice of issuing licenses on political patronage basis) & hand-arms should be imported & given free of cost to all the citizens so that they too can have some protection for their lives.
System that turns Every body in to a Thief
89. As already submitted earlier, 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 Leade0. 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 Leader0 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 Collect orate, 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.
90. The Governments of the Center & the States, incapable of making meaningful legislation are instead turning the entire Country in to thieves. Every adult in India has been turned in to a thief due to the foolish & contrary laws. The Government did nothing to give employment to millions of enterprising youngsters of India who by their own efforts & money made the cable revolution a success & what does the Government do—levies exorbitant Entertainment tax & Service tax—so what do they do---disclose only 10% of the connections & become thieves.
91. How do you suppose Mr Atal Bihari Vajpayee the ex Prime Minister of India were he to send a gift a ready made shirt or any thing else to one of his friends in Lucknow would be able to do it legally? Here is how:-
a. He Mr atal Bihari would have to get a proforma invoice from the selling dealer in Delhi for the item or at least get a quotation or inquire about the price & inform his friend in Lucknow about the name & other details of the Delhi dealer.
b. The friend in Lucknow would then have to give an application before the concerned sales Tax officer of his area in Lucknow & request him for a form No.32 by stating that he is to receive such & such article costing approx so much of money from such & such dealer in delhi & that it will not be sold by him & will be for his personal use. Thereafter the Sale Tax Officer of Lucknow, on being satisfied by inquiry would issue him with a form-32.
c. Thereafter the Lucknow friend would send that form-32, to Mr atal Bihari, after signing at the designated places.
d. Thereafter Mr Atal Bihari would purchase the Article from the dealer in Delhi & make the dealer sign on the Form-32 & fill in other details of the bill & the dealer, like Central sales Tax Number etc (without which the dealer can not even send it). .
e. Thereafter Mr Vajpayee will give the article to the Transporter along with the bill & Form-32, then the transporter will load the article in the truck, which will then have to get the Form-32 passed at the Border of Uttar Pradesh, (where too it is possible that they may not allow it because by another law of Central sales tax in force only persons with valid Central sale tax registration can import the goods in to the states) & unload the goods at Lucknow.
f. Thereafter the Lucknow friend of Mr Atal Bihari will get the article from the transporter along with copies of Form-32 & thereafter inform the Sale Tax officer that he has received the Article & submit the Form-32 with the sales Tax office & complete any other formalities as may be prescribed.
g. If in case the goods are not given to a transporter at Delhi & instead sent by Post or carried as personal baggage, then too formalities mentioned at S.No.1 to 4 will have to be completed & thereafter the Friend in Lucknow will within 24 hours of the receipt of the gift inform the sale Tax Authority that he has received the article by post/personal baggage & due to this reason he was unable to get the form –32 entered at the border of the State & so he is surrendering all the three copies of the form-32 for the necessary endorsement & declaration.
h. If Mr Vajpayee resides instead of Delhi, in some other State like West Bengal & Gujrat & others then in addition to the completion of formalities as described in S.No.1 to 6 for entry of his gift in Uttar Pradesh, Mr Vajpayee would have to obtain sales tax form to send the gift out of the State from the relevant Sale Tax Authority of that State also after giving the desired application & completion of formalities which may take several days & may or may not be allowed.
i. So that is how he can send the gift to his friend at Lucknow—legally, any other method will be illegal so it can be clearly seen how the system is turning everybody in to a thief.
92. Now take the case of a artisan anywhere, say a stone sculptor in Rajasthan, who carves designs on stones for a living or a sculptor of clay or wooden statues or articles in Saharanpur in U.P. or a Knitter of bamboo baskets in Assam, or embroider of woolen garments of Kashmir,who do not have a market for their produce in their own towns or villages & can get a good price of their products only in Metro towns. Now Sir can these artisans take their products directly to consumers in these Metro towns? The answer is no. They have to sell their products only to middlemen at throw away prices & what is more they can not even transport these products from their villages to the nearby town even without greasing the palms of a few policemen. To sell their products in other parts of the Country what they need to have in the minimum is:-
a. Have a Central Sale Tax Number in their own State where they produce the goods..
b. Have a Central Sale Tax Registration in all other states where they want to sell their products as well as a shop there.
c. Send the goods from their native State by means of Stock transfer & thereafter sell the goods in the other States & deposit sales tax their & get assessment done in both the States.
d. Now to do this they need lakhs & lakhs of Rupees as well as manpower which is simply not there. So what do they do? Simply sell their products to the local Tout at throwaway prices & mostly starve.
e. Now one would think that in a Country known in the world for its Skilled Artisans/ Artists/Weavers/Carvers/Sculptors/Embroiders /Potters etc there must be some law to ensure that they are able to sell their products directly to the buyers any where in the Country & pay reasonable taxes as there are various utterances in the Constitution to that effect- Right to life- livelihood settle any where in India, free trade etc etc & etc. The fact is that there is none & the Constitutional mandate has been nullified by the Judges( Government’s Concubines) of the High Courts & Supreme Courts who have allowed all kinds of distortions of the Constitution (under garb of amendment) as being just & fair & reasonable.
f. Then how is it that you find some Kashmiris selling Embroidered woolens, carried in bundles over their shoulders? Simple they are tax thieves in the eyes of law, carrying these bundles in trains & paying bribes to the policemen, GRP, RPF on the way & thereafter greasing the palms of policemen who are constantly on the prowl looking for such easy prey. Given a choice these Artisans would be willing to pay some nominal tax but there is no law which provides for it nor any for their protection from these beasts of prey(Government functionaries).Similar is the plight of other artisans & artists.
93. Now let us take the case of Central sales tax Act-1956 & see how it turns millions of cottage Industrialists in to tax thieves. This Act stipulates that certain items of common & widespread uses should not be taxed by States at rates exceeding the scheduled rates as laid down in the central tax. One such item Iron & Steel is to be taxed at not more than 4 %.The States have put the finished goods in the taxed bracket of 10 to 16 % like trunks/Steel cupboards/ steel furniture/Cooler bodies etc. Now it would have been much easier , safer & desirable to tax the raw material coming from the Organized sector like TISCO/SAIL/JINDAL etc at the higher rates instead of loading the highly competitive cottage sector manufacturing the finished product at higher rates with the result that the finished product manufacturers simply buy the raw materials ,pay tax on it & simply consume the material without raising any bills in 80 % of the cases. Therefore not only does the State loose revenue but millions become Tax thieves because taxing the unorganized sectors beyond the reasonable limit of 2 to 3 % will always result in tax rebellion. See below:-
a. If the sale of Steel sheets in say U. P during a year is say -Rs.10000 crores.
b. Then the tax received by the state @ 4% will be -Rs. 400 crores.
c. Tax expectation of State on this by adding on 33% finishing charges i.e @ 10 % on Rs.13300 crores will be—Rs.1330 crores.
d. Total tax expected by State on Raw material +finished—Rs.1730 crores.
e. Actual Tax paid by unorganized sector @ average rate of 10% on finished product on disclosed finished goods of say 20% (80% sold without bills ) or Rs.3000 crores (providing for 33 % add on cost to raw material) @ 10% will be - Rs.300 crores.
f. Therefore the total Actual Revenue of the State will be-----Rs.700 crores.
g. Now if the tax on raw material produced by the Organized Sector( where it will be impossible to steal tax) were to be 10% then revenue of the State on Rs.10000 crores sale of Steel sheets would be ---- Rs.1000 crores.
h. Now if the tax on finished product were to be a more reasonable 3% then it is likely that the small/cottage industry Sector would declare at the least 80% of sale (because for undeclared sales, extra expenditure for bribes & transportation costs is in any case incurred by them & they would not like to be tax thieves just to save 1%).In such a case adding on thirty three % on raw material on 80% declaration basis the revenue received by the State on 12000 crore sale—Rs 360 crores.
i. Therefore nett revenue of the State on the basis of Rs.10000 crores Steel Sheets & their finished products7 +8- Rs1360 crores
j. Gain in revenue by the State-----------9-6----------------------Rs 660 crores
94. It is quite apparent that the Legislature instead of making honest laws is making just the opposite because the Executive just does not want people to be honest & is more interested in making them in to thieves so they themselves being thieves can extort money from them.
95. DEMAND regarding Sales Tax reforms
a. Scrap the power of the States to levy Sales Tax instead make a Central law
to tax Raw material produced by the Organized Sector at higher rate &
finished product manufactured by Unorganized Sector at 2 to 3 %
Maximum , do away with categories it should be just Exempt goods/Raw
material/Finished goods .Distribute amongst the States.
b. Ensure that the Skilled Artisans/Artists/Weavers/Potters/sculptors & the like have access to the entire Country for directly selling their wares at best rates without falling in to the trap of middlemen& without being harassed by Police/other Government officials.
96. Sir the state of affairs prevailing in the Country(notwithstanding the rise in the share market) is so disgusting & the system specially the Judiciary so rotten that, to survive, every one has become a thief including myself & it is impossible for any person who cares even a little for his fellowmen to ignore it. I have therefore decided to give up my self employment & devote the rest of my life to fight against the system specially the judiciary which needs drastic reforms. I have put forth a few demands ( written in ITALICS in this letter which I feel are very important & need to be addressed at the earliest otherwise by 2030 India will be the biggest Brothel & human organs market of the World..). Thanking You
Yours Sincerely
(Robby Sharma)
865, Block-B, Panki Kanpur-208020
phone-9415438326.
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