Origin of the Marwari’s wealth

Origin of the Marwari’s wealth
Posted on 18th October-2009
Here is what an enlightened gentleman in Rajasthan told me about the origin of the Marwari’s wealth:-
In the barren desert of Rajasthan, where no agriculture was possible,the only thing which grew in abundance was shrubs and dry grass, as a result hundreds of Nomadic families, who owned lakhs of Cattle, Sheep, Camels etc used to roam the country side, including other States to graze them, the entire families/tribes accompanied the herds, which were many miles long (I myself came across never ending rows of sheep, for miles and miles and that too in early seventies) and once or twice a year , they used to return to their villages and when they used to sell or sheer their cattle, they were faced with the predicament of safeguarding the money realized, as they were roaming around most of the year, easy target for bandits.
The local, cunning Marwaris living in small towns used to charge them interest for keeping their money safe and at the same time used the money to lend to Kings and Nawabs in their hard times and later on invested this money in big towns like Calcutta, Madras, Bombay, Kanpur etc etc in money lending and Industrial ventures.
Thus they realized double profit on the money, as safekeeping fee from the owners of the money and on account of interest earned from those to whom they lent it or in the industrial ventures they undertook by that money.
That is what is called Aam ke Aam Guthlion ke daam.
From the abject poverty widespread in Marwar /Rajasthan it seems that many of the actual owners of the money were not paid back and many perished, while roaming, at the hands of Muslim invaders, while the Marwari grew fat, wealthy and successful on the Nomad’s money.

Robby Sharma
(865, Block-B, Panki Kanpur 208020)
Mob-91-9235844258; 91-9415438326
sharmarobby@hotmail.com

PROPHECY-CHINA WILL OCCUPY INDIA

PROPHECY-CHINA WILL OCCUPY INDIA
By-Anton Johansson, Sweden (1858-1909)
Posted By Robby Sharma on 31-08-2009
sharmarobby@hotmail.com Mob-91-9415438326

Johansson predicted the following details:

1) India will be occupied by china.

2) New diseases used as weapons will cause 25 million people to die.

3) Persia and Turkey will be conquered by what seem to be Russian troops.

4) Revolutionaries will instigate unrest and war in India and Egypt to facilitate the occupation of India and Europe.

5) The Russians will conquer the Balkans.

6) There will be great destruction in Italy.

7) The "red storm" will approach France through Hungary, Austria, northern Italy and Switzerland. France will be conquered from inside and outside.

8) American supply depots will fall into Russian hands.

9) Germany will be attacked from the east.

10) There will be a civil war, Germans will fight against Germans.

11) The Eastern Bloc will cause a civil war in England.

12) Russia will lead a mass attack against the United States, so U.S. forces will be prevented from reinforcing Europe.

13) New weapons will cause huge hurricanes and firestorms in the USA where the largest cities will be destroyed.
(A)-- With respect to the above it is not clear whether the prophecy was only about Chinese Occupation of thousands of Square miles of India’s Land, which China already occupies or whether it predicts that Entire India will be occupied by China.
(B)-- Surely West Bengal has been already under occupation of the Communists for last thirty years and they the Communists had their allegiance towards China even during the 1962 Indo-China War so does it fulfill the Prophecy or is their still more to come.
( C)-- What is however certain is that the Church, which started the Balkanization of India by converting all the tribes of entire North East –India, will be the main culprit in the event of the Occupation of North East India by the Chinese, which is a certainty in about fifty years and who knows may be they will drive down the beautiful Highways being made under the Golden Quadrilateral Scheme.
(D)-- By Revolutionaries, what Johansson meant is not clear but recent News say that one third of India is under sphere of Naxalites (whom the Chinese and millions of Indians also see as revolutionaries) influence and surely it is bound to increase given the totally Corrupt Politician-Bureaucracy-Judiciary-Mafia-Black money-Elite combine, the Common man is not going to get any relief under the present set up and like I wrote earlier that by 2030 India will be the Biggest & Cheapest Brothel and Human organs market of the World. So pray and if possible learn Cantonese.
(E)-- When the worst happens, one can be sure that the Present crop of Politicians-Bureaucrats, Judges and the Super Rich and their Progeny will have flown to the Tax-Havens.

HOW CORRUPT CAN CORRUPT INDIANS BE

HOW CORRUPT CAN CORRUPT INDIANS BE

By Robby Sharma Kanpur ----------------19th August-2009
Mob-91-9415438326-Email- sharmarobby@hotmail.com
Here is what I got to hear from a Veterinary Doctor friend.
During the tenure of Morarji Desai as the P.M of India, In keeping with his policy of prohibition, it was decided to declare at least the Pilgrimage Centers as Liquor Free areas ( Madhya Nishedh Chetras) in U.P. The Birth place of Tulsidas, Rajapur was also chosen to be so declared and the then Minister in charge hailing from Kanpur was to address a function there and declare it as Liquor free Area.
The Excise Commissioner One Mr Lal and few of his cronies started in their Ambassador Car from Allahabad to make arrangements for the Ministers Visit. Their Car broke down and in those days the way to Rajapur was hazardous and even the BDO did not have a Jeep, there were none available on hire also. The Medical Officer posted in the Block & Doctor Sachan the Veterinary Doctor posted there offered to carry four persons including the Commissioner on their Motorcycles to the Rest House in Rajapur.
The Excice Commissioner was carrying a sealed wooden Crate, which could not be carried on the Motorcycle so Doctor Sachan advised that the Crate be opened and the contents carried in the side Dicky of the Motorcycle and partly in hand bags as they could not keep the Crate on the Motorcycle and still carry two passengers. With great reluctance the Excise Commissioner agreed and the crate was opened, it contained dozen or so Bottles of the finest liquor.
The Minister and his Entourage as well as the Commissioner and his party had a hearty Liquor Party with Chicken, mutton and other delicacies in the evening in the Rest house and in the Morning, The Minister paid Rich tributes to Tulsidas ji calling him a great saint and said the place of his birth was a sacred place and in front of the gathered crowd, he declared the Area as Liquor Free Zone (Madhya Nishedh Chetra).

Tags: Corrupt India. Shameless India.

Islamic Money Controls Indian Media & hundreds of NGO’s

Islamic Money Controls Indian Media & hundreds of NGO’s
By Robby Sharma------------- 18-08-2009
Mob:91-9235844258;91-9415438326
sharmarobby@hotmail.com
Ever wondered why one so called Mosque demolished in Ayodhya has bee shown thousands of times on News Channels and English print media but thousands of Temples demolished in Kashmir have never hit their screens or pages. Ever wondered why the fact of ethnic cleansing of Pandits from Kashmir never garnered the media Screens headlines.
Ever wondered why the Godhra carnage & the burnt Kar Sewaks & the Train went out from News channels and print media in a flash while the News about Atrocities committed on muslims in Gujrat refuse to exit the T.V screens.
Most of the English print media was already controlled by the Islamic Oil billions and after the TV media came in to being now it is they who are receiving billions of OIL dollars to show hate stories about so called Hindu fundamentalism. After the Godhra carnage and subsequent Gujrat riots, most of the media heavy weights were paid billions of rupees to espouse the Islamic cause, One Media reporter a she who often reports from the Bunker and another media stalwart one son of a famous India Cricketer are said to have been paid and are being paid crores and crores of Rupees of Oil money by the wealthy Sheikhs.
How the Muslim cause is being espoused by the Judiciary also needs to be kept watch of. Islamic money is now influencing the Judiciary in a big way. Ten Lakh Rupees interim Compensation has been awarded for the fake encounter case of a known criminal. Has the Supreme Court ever passed any order condemning the ethnic cleansing in Kashmir.
Most of the NGO’s headed by Magsaysay or Booker prize winners and other English speaking elite are striding the Courts and Political forums as they get fat on Islamic money routed to them through different channels. Did any of them ever say a word about the Godhra or Azamgarh carnages while they took the Best bakery case till the Supreme Court.

The likes of Tista Sitalwad, Arundhati Roy, Megha Patkar, Sunita Narain, Bunker Girl B.D and our own Mamta Didi, Brinda Karat & her other Commie friends as well as the entire Congress and Samajwadi fraternity get their Throats sore by shouting Anti Hindu Slogans. Were they to dare to go and raise their voices in Kashmir against the Islamic radicals in Kashmir for the Ethnic Cleansing of Hindus, I am sure that most of them would be raped, maimed & killed and their deaths blamed on the Security forces.

Ganga-A National River-How politicians break a country

Ganga- A National River-How politicians break a country

To Shri Manmohan Singh Ji 17-06-2009
the Prime Minister Of India
New Delhi

Respected Sir
1. I had written, earlier, a detailed article on River Pollution, specially about River Ganga to your good self on 22-06-2008. Since then you have declared the Ganga River as a National River and declared the formation of a Ganga Basin Authority. Sir people have applauded your action but I wish to lodge my protest for the same because I feel that it is such irresponsible acts of Politicians, which have been slowly breaking up the Country
2. I had in my earlier letter clearly mentioned that “The Government of India should immediately make suitable Legislation with reference to the entry at S.No.56 in the Seventh Schedule, Union List of the Constitution & immediately make suitable Legislation with regard to the Ganga & other Inter-State Rivers. Although in the end of that letter, I had also expressed my special anxiety for the Ganga, which action of mine, I myself regret, but you being the head of the family should have tried to treat everyone, every State and its people and the Rivers flowing through them alike.
3. That you have under pressure of various agitations, declared the River Ganga as a National River and also garnered much publicity. Are you waiting for people of other States, also hurt by the pollution of rivers, flowing through their states, to start agitating with respect to other Rivers, take to the Streets, before they can get the same Status for the Rivers, which are their very lifelines. Such actions of Politicians have been breaking up the Nation. Every four or five years, there are agitations saying that such and such part of such and such State is being discriminated against and there is demand for new State and many have been made and they may further, in future, turn in to Countries, who knows?
4. Therefore you should have made similar announcements for all other Inter-State rivers and should not have singled out the Ganga. More on the matter need not be said as it should be understood. Sir I condemn your action of singling out the Ganga for granting National River Status. It should be accorded to all other Rivers and the legislation, you have made under your powers given by the Constitution should be made regarding all the Rivers of all the States. Had you mentioned in your declaration that you would be making similar legislation in the shortest possible time for other Rivers also then your declaration could have been termed as a rational one but in the absence of such a assurance, it ,your declaration, smacks of appeasing a certain section of the electorate, before the recent elections.

Thanks
Yours truly
(Robby Sharma)
865, Block-B, Panki Kanpur-208020
Copy To:
1. Smt Sonia Gandhiji, 10, Janpath New Delhi.
2. Baba Ramdeo Ji, Patanjali Yog Peeth, District Haridwar Uttaranchal.
3. Rashtriya Swayam Sevak Sangh, headquarters at Nagpur Maharashtra.
Tags- How to break a Country, Ganga-A National River,

Part-5-All good things come to an end in the Supreme Court of India-Nazul Free Hold Case of U.P.

Part-5-All good things come to an end in the Supreme Court of India-Nazul Free Hold Case of U.P.
Kanpur-16th -June-2009
For years during my Research on various topics including the Town Planning Laws of India, I have noted that it is on rare occasions possible for the general public of India to get a few orders from the High Courts, which go a long way in addressing the problems of the teeming masses but All such good things come to an end in the Supreme Court of India, which more often than not stays the Order of the High Court arbitrarily then keeps on sitting on the Petition for years, often decades altogether, resulting in denial of the Relief to the general public, which the High Court took pains to provide. I shall be discussing a few cases periodically, Some cases I am detailing below:-

1. The State of U.P was taking very heavy amount as premium for free hold of Nazul Land given on lease earlier while in the case of Free hold of plots given on lease by the Development Authorities and Awas Vikas Parishad, only a fraction was being charged .In a Land mark Judgment,dated-30-03-2006, the Allahabad High Court in Civil Misc Writ Petition No.3341 of 1999 in the matter of Harish Tandon V/s State of U.P, found this to be discriminatory and in violation of Article 14. This Judgment would have benefited Lakhs of holders of Nazul leases.
2. However, as usual, before the general public could reap the benefit of the judgment of the High Court, the Supreme Court, aghast at the relief provided to the general public i.e. the insignificant common man, stayed the order and thereafter it has been sitting on the file for about three years. On top of it had taken 7 years in the Allahabad High Court and before that a considerable time in fighting before the Authorities. The Order of the Supreme Court reads:-ITEM NO.30 COURT NO.3 SECTION XI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Civil) No(s).17245/2006 (From the judgement and order dated 30/03/2006 in CMWP No. 3341/1999 of The HIGH COURT OF JUDICATURE AT ALLAHABAD) STATE OF U.P. & ANR. Petitioner(s) VERSUS HARISH TANDON Respondent(s) (With appln(s) for exemption from filing O.T. and with prayer for interim relief and office report) Date: 03/11/2006 This Petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE B.N. AGRAWAL HON'BLE MR. JUSTICE P.P. NAOLEKAR For Petitioner(s) Mr. Harish N. Salve, Sr. Adv. Dr. R.G. Padia, Sr. Adv. Mr. S.W.A. Qadri, Adv. Mr. Kamlendra Mishra,Adv. Mr. Rajeev Dubey, Adv. Mr. Fuzail Khan, Adv. For Respondent(s) Mr. Dinesh Dwivedi, Sr. Adv. Mr. Ashish Mohan, Adv. Mr. K.K. Mohan,Adv. UPON hearing counsel the Court made the following O R D E R Leave granted. Until further orders, status quo as it exists today shall be maintained. (Rajesh Dham) (Madhu Saxena) Court Master Court Master
3. Till today, the case is pending and it is such a case in which it is most likely that the private party may have already reaped the benefit of the High Court Judgment and even otherwise may not even file a reply so the Case will meet a slow death in the Supreme Court and thus the benefit given to the common man by the Allahabad High Court has been denied to the public by the arbitrary and Authoritarian stay order of the Supreme court and it is more than possible that it will be denied forever because of the negotiating powers of the State Government. Therefore once the Supreme Court stays an order of the High Court of such a great public importance, it ought to and it should decide the case in maximum six months even if the respondents are served or not after all they do have the brains to decide the case even in absence of the reply or do they lack the brains and have to depend on the replies and arguments of advocates in which case the public will always loose as the State can afford to hire the most expensive Advocates at public cost and that too mostly to serve their egos and no public interest is involved in challenging the orders of the High Court.
4. This article will be continued regarding other cases, where the Public interest benefic Judgments passed by the High Courts have come to an end in the Supreme Court of India and have been pending since ages.
Robby Sharma
865, Block-B, Panki Kanpur-208020
email—sharmarobby@hotmail.com
Mob-91-9415438326;9235844258.

Tags- Supreme Court of India, All good things come to an End, Nazul Land Free hold case in U.P.

Indian Army-What a Shame ?

Indian Army-What a Shame ?
13- June-2009
News paper headlines as below:
Railways will post special posse of RPF personnel in trains frequented by Army Jawans, a list of trains for regular posting of the Posse is given then it is further revealed that if ten or more Army-men are found to be traveling in any one coach of any train the Special RPF Posse will be rushed and posted in that bogie.
According to the News report, there were about hundred cases of Molestation of Women passengers, by Army personnel, reported (at-least ten times that number must have gone un reported) at Kanpur Central Station alone during the last year.
The present decision was taken after the incident of two days ago when a Army Jawan, tried to drag a Canadian girl to the toilet, to rape her, he tore off all her clothes, fellow passengers saved her (had the Coach contained more army personnel than there actually were, chances are, that she would have been Gang raped by them and some of the fellow passengers too in all probability. She kept on crying the whole night, complained to the T.T, who sent the GRP escort, who ran away then after about fourteen hours , a few RPF Personnel caught hold of the Culprit and handed him to the G.R.P in Kanpur.
So many accolades are showered on the Army men like they lay down their lives etc etc for the Country but do not forget that there are hundred times more people, willing to be in their shoes, for lesser pay even, it is all because of the huge unemployment problem in the Country that the Army is able to recruit so many Jawans, in Recruitment process alone, hundreds die due to the huge crowd and resultant stampedes etc.
How ever when it comes to the Officers, up to the Major level, there is no parallel to the Indian Army Officers. It seems that the Jawans minus the control of these Officers are just a unruly Mob and that too in a Country, which almost worships them. I have never ever in my life ever seen any citizen showing disrespect to the Army-men. However if ever you are forced by circumstances to board a Railway Compartment, Monopolized by them, prepare yourself for a harrowing experience, you are at best a enemy for them in the coach.
Shame Shame.
Robby Sharma
865, Block-B, Panki Kanpur-208020
Mob-09415438326; 09235844258.
Email sharmarobby@hotmail.com

Sania Mirza-Below Poverty Line Card Holder-

Sania Mirza-Below Poverty Line Card Holder-
14-06-2009
Today’s News headline:
Reminds us again about the most corrupt Country we live in. You see Rahul Gandhi, Manmohan, Priyanka and Sonia waving with radiant smiles on their faces after the Recent Victory. You hear talk of the power given to the youth. You see faces of Jatin Prasad, Jyotiraditya, Priya Dutt then Sharad Pawar’s daughter, Kumari Selja, Naveen Jindal, Sachin pilot , then Karuna Nidhis clan then a few Politicians Concubines etc etc (more of the last lot will come after the Women reservation bill )actually all of them are Billionaires. So are the seniors so effectively you have a Parliament & Ministry populated by at least 95 % Billionaires. Those who have declared five Crores are at least worth a hundred times more every body knows that. Have you noticed any decline in the level of Corruption in the Country? Actually no. In fact it used to be in lakhs previously, now it is in hundreds of crores and mark my word no politician wants to change that.
If things are to change then this younger generation must come clean, say alright our fathers made billions and we are sorry and we are giving back this ill-gotten wealth, back to the Country and keeping say 10 % for ourselves and now we will work to remove Corruption from the Country. No body , none of the so acclaimed younger lot has done that till now.
I recollect in the early eighties, a Rickshaw driving license was made by the Mathura Municipality, in Rajiv Gandhi;s name, complete with his Photo and fathers name etc. Indira was the P.M. Afterwards many heads rolled in the Municipality.
Kerosene shortage was there even then and people had to give an application to the District Supply Officer if they needed Kerosene for some function. There was brisk business of Kerosene Consumer permits in Agra and the general trend was you write the application, asking for two cans (or pipa as it is called in U.P.15 liters each) give some reason, for the need ,give twenty to thirty Rupees per can to the Tout, who used to enclose one ten Rs note with the Application for the Inspector, who used to mechanically just cut the figure “two cans” and write “allowed one can” and thereafter the permit was obtained after paying the other staff. So one person wrote in his application like this “Sir due to too much corruption in the DSO office, I need two cans of Kerosene to set fire to the DSO office.” The inspector mechanically wrote “allowed one Can” and the permit was issued. Next day it was in the headlines “ DSO issues permit to burn his office”. So corrupt is the System.
No body has forgotten how warrants were issued by a Gujrat Court in name of President of India & others.
I recollect that about twenty years back when one had to settle some traffic Challan in the Court, one had to pay about twenty to thirty Rupees to the dealing clerk and he used to pin up one Rs ten or twenty Rs note with each application and go before the Magistrate, Now it is a hundred Rupees note. At that time the Magistrate used to make about Rs two thousand daily without any effort, now it is about ten thousand daily and the process is fully mechanical, you don’t even have to go before the Magistrate.
We live in shameless spineless country.
Robby Sharma
865, Block-B, Panki Kanpur-208020
Mob-09415438326;09235844258.
Email sharmarobby@hotmail.com



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Part-4-All good things come to an end in the Supreme Court of India-Housing Societies Stamp duty-Case.

Part-4-All good things come to an end in the Supreme Court of India-Housing Societies Stamp duty-Case.
Kanpur-30th -May-2009
For years during my Research on various topics including the Town Planning Laws of India, I have noted that it is on rare occasions possible for the general public of India to get a few orders from the High Courts, which go a long way in addressing the problems of the teeming masses but All such good things come to an end in the Supreme Court of India, which more often than not stays the Order of the High Court arbitrarily then keeps on sitting on the Petition for years, often decades altogether, resulting in denial of the Relief to the general public, which the High Court took pains to provide. I shall be discussing a few cases periodically, Some cases I am detailing below:-

1. In a Land mark Judgment,dated-October-14-2004, the Allahabad High Court in Civil Misc Writ Petition No.13560 of 2003, in the matter of Rail Vihar Kalyan Sahkari Awas Samiti Ltd and seven other connected petitions ruled that Once a Housing Society had got the Sale/lease deed executed in its favor, the State Government could not force its members to get individual deeds executed in their names as they themselves were the owners of the Society as such they could not be forced to get registered separately portions allotted to them individually, as they themselves were their owners and there was no need for payment of any further Stamp duty by individual members.
2. However, as usual, before the general public could reap the benefit of the judgment of the High Court, the Supreme Court, aghast at the relief provided to the general public i.e. the insignificant common man, stayed the order and thereafter it has been sitting on the file for five years. After completion of hearing, one of the Judges opted out of the case, strangely requiring rehearing by another Bench. The hearing was completed on 15th of October-2008 and the Supreme Court passed the following order “


“ITEM NO.101(Part-heard) COURT NO.8 SECTION XI
SUPREME COURT OF INDIA
RECORD OF PROCEEDINGS
CIVIL APPEAL NO(s). 2938 OF 2005
STATE OF U.P. & ANR. Appellant (s)

VERSUS
ARMY WELFARE HOUSING ORGANISATION & ORS. Respondent(s)
(With office report )
WITH
C.A. No.2939/2005 (with office report),
C.A.No.2941/2005 (with office report),
C.A.No.2942/2005 (with office report),
C.A.No.2943/2005 (with office report),
C.A.No.2945/2005
(with appln.(s) for permission to place additional documents on record and with
prayer for interim relief and office report),
C.A.No.2944/2005 (with office report),
C.A.No.3607/2006
(with appln.(s) for impleadment as party respondent and with office report),
C.A.No.3605/2006
C.A.No.3621/2006
C.A.No.3618/2006
C.A.No.3608/2006
C.A.No.3604/2006
(With appln.(s) for permission to place additional documents on record and with
ofice report)
C.A. No.3606/2006 (With office report)
C.A. No.3603/2006,
Date: 15/10/2008 This Appeal was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE DALVEER BHANDARI
HON'BLE MR. JUSTICE HARJIT SINGH BEDI

Mr. P.C. Agrawala, learned senior counsel appearing for the respondents commenced his arguments at 10.30 a.m. and concluded at 10.45 a.m.

C.A.Nos.2941 of 2005 & 3618 of 2006

Mr. Neeraj Kumar Jain, learned counsel appearing for the respondents commenced his arguments at 10.45 a.m. and concluded at 10.50 a.m.
C.A.Nos. 2939, 2942 of 2005, 3605, 3607/2006

Mr. Mahendra Anand, learned senior counsel appearing for the respondents commenced his arguments at 10.55 a.m. and concluded at 11.05 a.m.
I.A. No. 3 in C.A. 3607 of 2006:

None is present for the applicant. The application for
impleadment is dismissed.
I.A. No. 3 in C.A. No. 3625 of 2006:
None is present for the applicant. The application for
intervention is dismissed.

Judgment reserved in all the appeals.

Learned counsel appearing for the respective parties are permitted to file written submissions in their respective appeals within one week from today.
Transfer Petition Nos. 148, 149 & 150/2006
The Transfer Petitions be listed after the
pronouncement of judgment in the appeals.
(Pardeep Kumar) (Neeru Bala Vij)
Court Master Court Master”
3. Till today, the Judgment has not been pronounced and the State of U.P continues to Extort Crores of Rupees, from the general public Therefore the benefit given to the common man by the Allahabad High Court has been denied to the public by the arbitrary and Authoritarian stay order of the Supreme court and thereafter its reluctance to pass the final order may be because of the negotiating powers of the State Government.
4. This article will be continued regarding other cases, where the Public interest benefic Judgments passed by the High Courts have come to an end in the Supreme Court of India and have been pending since ages.
Robby Sharma
865, Block-B, Panki Kanpur-208020
email—sharmarobby@hotmail.com
Mob-91-9415438326;9235844258.

Tags- Supreme Court of India, All good things come to an End, Stamp duty in case of Housing Societies,

M S Gill Ex Election Commissioner-A National shame

M S Gill Ex Election Commissioner-A National shame
30th May-2009

The ex Election Commissioner M S Gill has become a second term Minister. I can not but help in seeing him as a National Shame.
He may believe himself to be a totally honest man but the very fact that he jumped on to the band wagon of a Political party after his retirement was and is shameful.
How can one believe that he was neutral while he was the Election Commissioner? There are certain norms of decency for which no rules are laid in any law but the individuals, who occupy high Constitutional posts are supposed to know about them and follow them.
Mr Gill, by his greed for power, has set a shameful precedent and the likes of Naveen Chawla, already under cloud are sure to follow suit.
Robby Sharma
Email-sharmarobby@hotmail.com

Part-3-All good things come to an end in the Supreme Court of India-Answer Sheets RTI - case.

Part-3-All good things come to an end in the Supreme Court of India-Answer Sheets RTI - case.
Kanpur-23-May-2009
For years during my Research on various topics including the Town Planning Laws of India, I have noted that it is on rare occasions possible for the general public of India to get a few orders from the High Courts, which go a long way in addressing the problems of the teeming masses but All such good things come to an end in the Supreme Court of India, which more often than not stays the Order of the High Court arbitrarily then keeps on sitting on the Petition for years, often decades altogether, resulting in denial of the Relief to the general public, which the High Court took pains to provide. I shall be discussing a few cases periodically, Some cases I am detailing below:-

1. After the passage of the Right to Information Act-2005, all public documents, other than those for which specific exemptions have been provided in Section-8 of that Act were to be disclosed. The Public Authorities to cover up their Corruption, have been opposing the RTI applicants on one baseless ground or another resulting in the matters reaching the Courts.
2. Lots of students filed RTI applications seeking certified photocopies of their Answer sheets, the Applications were opposed by Central Board of Secondary Education, Various State Boards and Universities, However in the matter of Pritam Rooj v/s University of Calcutta, the Calcutta High Court single Judge on 28-03-2008 as reported in AIR 2008, Calcutta-118, ruled that the Answer sheets were not exempted and should be disclosed. The matter was taken in Appeal to the Division Bench of the Calcutta High Court, which, on 05-02-2009 in M.A.T No.275 of 2008,University of Calcutta vs Pritam Rooj; Writ Petition No.18189(W) of 2008, Aditya Bandopadyay V/S Central Board of secondary Education and W.P No.208 of 2008;W.P. No.5302(W) of 2008; W.P.No.57423(W) of 2008, W.P.No.5744(W) of 2008, in all of which West Bengal Secondary Education Board was a party, ruled that :- “A few words before we conclude our discussion on the second issue supra. We would not be unjustified in taking judicial notice of the Courts of Writ nowadays being flooded with innumerable cases filed by aggrieved parties - particularly students of schools, colleges, universities and other academic institutions, as also participants of various selection examinations conducted by the appropriate bodies for recruitment to public service alleging wrong, improper or unfair marking and gross negligence in the assessment of their written performances which, according to them, ultimately hamper their academic and career progress substantially. Since marginal difference in marks decides placement of candidates in the merit list, the anxiety of the examinees/candidates can well be appreciated. However, success rate of such petitions is not very high considering the fact that the aggrieved parties often fail to demonstrate before the Court as to how the assessment is defective or arbitrary. Yet, situations are not rare where various Courts have called for production of the answer scripts of aggrieved examinees and detected mistakes, at times glaring, in assessment of such scripts or non-awarding of marks
commensurate with the assessment made. Though the Courts in appropriate cases have passed orders for re-examination and scrutiny which have resulted in the aggrieved party being awarded his dues, it is often seen that the said relief has come at a time when their losses are beyond repair - a valuable year has been lost or an employment opportunity sorely missed in these fiercely competitive times thereby resulting in untold misery and harassment to them. The RTI Act, therefore, in our considered opinion would act as a buffer to such incidents in future and will help aggrieved parties to get their rightfully deserved relief. It also hopefully will act as a warning for errant examiners and assessors to perform their duties more diligently.
Before parting, we rule that the observation of the learned Judge that the proviso at the foot of clause (j) of Section 8(1) is a proviso to sub-section (1) of Section 8 is not the correct exposition of law and while holding it to be obiter dictum, we would respectfully agree with the decision of the Bombay High Court reported in AIR 2007 Bom 121 : Surupsingh Hrya Naik vs. State of Maharashtra in this regard.
The judgment and order under appeal does not call for interference. The orders impugned in the writ petitions filed by the WBBSE also do not call for any interference. The writ appeal of the University and the writ petitions filed by the WBBSE stand dismissed. The connected writ petition being W.P. No. 208 of 2008 filed by the father of the examinee stands allowed. Inspection shall be granted to the concerned examinees within four weeks from date of receipt of a copy of this judgment, if not already granted.The order of the CBSE dated 12.7.2008, impugned in W.P. No.18189 (W) of 2008, is set aside. The writ petition stands allowed within a direction upon the CBSE to grant inspection of the answer scripts to the information seekers/examinees concerned within four weeks from receipt of a copy of this judgment. Prayer made by the examinees for reevaluation of the scripts, however, stands refused. It shall be open to them seek relief in this behalf in appropriate proceedings, if initiated, after they have access to the assessed/examined answer scripts. Photostat copy of this judgment, duly countersigned by the Assistant Court
Officer, shall be retained with the records of W.P. No. 208 of 2008, W.P. No. 5743 (W) of 2008, W.P. No.5744 (W) of 2008, W.P. No.5302 (W) of 2008 and W.P.No.18189 (W) of 2008.
Urgent photostat certified copy of this judgment, if applied for, be
furnished to the applicant within 4 days from date of putting in requisites therefor.
I agree. (SURINDER SINGH NIJJAR, C.J.)
(DIPANKAR DATTA, J.)
48 Later :
Prayer for stay of operation of the order has been made by learned Counsel
for the University, the WBBSE and the CBSE. Such prayer is considered and
refused.
(SURINDER SINGH NIJJAR, C.J.)
(DIPANKAR DATTA, J.)”
3. However before the general public could reap the benefit of the judgment of the High Court, the Supreme Court, without understanding the gravity of its order has passed a strange Stay order in all the cases as below:- IT E M NO.36 COUR T NO.7 SECT I O N XV I

S UP R E M E CO U R T O F I N D I A
R ECO R D OF P R OC E E D I N G S
Petition(s) for Special Leave to Appeal (Civil) No(s).7526/ 2009
(From the judgement and order dated 05/02 / 2 009 in W P No. 18189(W) / 2008 of
The H I G H COU RT OF CALCUTT A)
CENT R L A L BOA R D OF SEC.E D UC A T I O N & AN R. Petitioner(s)
VE R S U S
AD I T Y A BAN D O P A D H Y A Y & ORS. Respondent(s)
(With prayer for interim relief)

Date: 09/04 / 2 009 This Petition was called on for hearing today.

COR A M :
HON' B L E M R. JUST I C E R.V. RA V E E N D R A N
HON' B L E M R. JUST I C E H.L. DATTU

For Petitioner(s) Mr. Altaf Ahmed, Sr. Adv.
Mr. Tara Chandra Sharma,Adv.
Ms. Neelam Sharma, Adv.
For Respondent(s)
UPON hearing counsel the Court made the following
O R D E R
Issue notice.
Interim stay of the impugned order in so far as it directs the petitioner to permit inspection of the answer scripts of candidates who were not the petitioners before the Court.
( Pawan Kumar ) ( Anand Singh )
Court Master Assistant Registrar
4. The Order of the Supreme Court is so confusing that thousands of RTI applicants/Students will be hit by it, the Boards will refuse the RTI applications and the students will have to go to the High Courts before they can get to see their Answer sheets. The Order of the High Court of Calcutta was so clear that it directed clearly “The writ petition stands allowed within a direction upon the CBSE to grant inspection of the answer scripts to the information seekers/examinees concerned within four weeks from receipt of a copy of this judgment.”
Therefore the Order of the High Court was clearly for the benefit of those Examinees, who had filed RTI Applications for disclosure/provision of Photocopies of their Answer Sheets and the same were pending in the Boards.
Therefore the benefit given to the students by the Calcutta High Court has been denied to the public by the arbitrary and Authoritarian stay order of the Supreme court and because the Respondents in the case are not hit by the case therefore they will not even file the replies in the Petitions so the case may drag on for decades in the Supreme Court and the important Question of Law decided by the High Court, so elaborately will be buried in the waste Paper Basket, that is the Supreme Court of India till the future RTI-applicant students, become grandparents themselves.
5. This article will be continued regarding other cases, where the Public interest benefic Judgments passed by the High Courts have come to an end in the Supreme Court of India and have been pending since ages.
Robby Sharma
865, Block-B, Panki Kanpur-208020
email—sharmarobby@hotmail.com
Mob-91-9415438326;9235844258.

Part-2-All good things come to an end in the Supreme Court of India-Polo-ground case.

Part-2-All good things come to an end in the Supreme Court of India-Polo-ground case.
Kanpur-21-May-2009
For years during my Research on various topics including the Town Planning Laws of India, I have noted that it is on rare occasions possible for the general public of India to get a few orders from the High Courts, which go a long way in addressing the problems of the teeming masses but All such good things come to an end in the Supreme Court of India, which more often than not stays the Order of the High Court arbitrarily then keeps on sitting on the Petition for years, often decades altogether, resulting in denial of the Relief to the general public, which the High Court took pains to provide. I shall be discussing a few cases periodically, Some cases I am detailing below:-
1. In a Land mark Judgment,dated-April-12-2005 the Allahabad High Court in Civil Misc Writ Petition No.54536 of 2004, in the matter of Vivek Srivastava V/S Union of India while considering whether, the Cantonment Board/ Union Of India/ army authorities could build Staff Quarters on a Open piece of Land, owned by them, which was being used for decades as a Polo ground and thus open green area, within the Allahabad Civil Lines Area, passed the Judgment as below:- “In order to implement a disaster management plan it is necessary that open spaces exist in the city. These open pieces of land could be used for various purposes during an emergency. In times of floods, fire, earthquakes etc., open spaces in the city could be used to minimize and curb the human suffering caused by the natural calamities. Disaster management is an integral part of the development activities and cannot be separated from a sustainable development of the city. For a sustainable development of the city, and for a healthy growth of a city, existence of open spaces, green belt is essential. For the aforesaid reasons, it is necessary to maintain open spaces for disaster management plan. Thus, in view of the aforesaid, we are of the view that the land in question known as ''Old Polo Ground' measuring approximately 22.77 acres of land, should not be used for the residential construction for the married accommodation project for the married officers of the Army. The respondents have other large tracts of open land in the Cantonment which could be easily utilized for the construction of 48 dwelling units proposed under MAP on the Old Polo Ground in the Civil Lines area of the city of Allahabad. The existing piece of land which is the lungs of the city should be preserved as such. Consequently, a writ of mandamus is issued to the respondents, restraining them from making any construction on the Polo ground in question and to maintain it as an open piece of land. The respondents had dug up the land at a few places in the Polo Ground and the same was stopped on account of an interim order passed by this Court. Since we have restrained the respondents from making any constructions, we further direct the respondents to restore the land to its original shape within three months from today. The writ petition stands allowed with the directions as given above. In the circumstances of the case, there shall be no order as to cost. Dated : April 12,2005 AKJ”
2. However before the general public could reap the benefit of the green judgment of the High Court, the Union of India filed an SLP in the Supreme Court of India , vide SLP No. 14959 of 2005, later on converted to Appeal Civil No.5866 of 2006. There is a stay by the Supreme Court for last four years and as such a very important Question of Law remains undecided by the Supreme Court, the matter has not been listed after 15-12-2006 and that too after the three judges bench on 15-12-2006 itself said “Hearing of the appeal is expedited.”
3. Therefore the benefit given to the general public (having similar grievance in other towns and Cities of India), by the Allahabad High Court has been denied to the public by the arbitrary and Authoritarian stay order of the Supreme court for the last about four years and this may continue for generations. Therefore the Supreme Court, where it stays any order of the lower Courts, must ensure that the case is decided on merits within at the most six months and even if the party obtaining the stay abstains, or the Appeal is dismissed, only on technical grounds, the Case must be decided on merit and the question of law raised decided once and for all, so that future Confusion (in cases of other States, which may raise the issue again in case of any similar Judgment passed by their High Courts) is avoided.
4. This article will be continued regarding other cases, where the Public interest benefic Judgments passed by the High Courts have come to an end in the Supreme Court of India and have been pending since ages.
Robby Sharma
865, Block-B, Panki Kanpur-208020
email—sharmarobby@hotmail.com
Mob-91-9415438326;9235844258.

All good things come to an end in the Supreme Court of India-1

All good things come to an end in the Supreme Court of India-1
Kanpur-19-May-2009
For years during my Research on various topics including the Town Planning Laws of India, I have noted that it is on rare occasions possible for the general public of India to get a few orders from the High Courts, which go a long way in addressing the problems of the teeming masses but All such good things come to an end in the Supreme Court of India, which more often than not stays the Order of the High Court arbitrarily then keeps on sitting on the Petition for years, often decades altogether, resulting in denial of the Relief to the general public, which the High Court took pains to provide. I shall be discussing a few cases periodically, Some cases I am detailing below:-
1. In a Land mark Judgment, the Patna High Court ruled that after the 74th Amendment of the Constitution, All Urban Development Authorities were illegal as no Development Area could be declared. There could be Municipality; There could be Panchayat; There could be District Planning Authority and there could be Metropolitan Planning Authority. All these would have a majority from amongst elected Peoples Representatives and only a minority of Government functionaries, in short the Planning process was given back to the peoples Representatives, and Co-Ordinated Spatial Planning (means related to space i.e. Land etc) was to be done with care to the needs of the Panchayats and the Municipalities. There was to be equal distribution of the natural and other Resources. No longer could there be a purely Urban Development Authority. No longer could a Village even after its Inclusion in a Urban Area be converted in to a Slum of the City. It would co exist with the City as an independent entity.No longer could Bureaucrats enjoy monopoly or majority say in the Planning process. Judgement and order dated 15/07/2004 in CWJC 4148/03 of The HIGH COURT OF PATNA was passed in the case of Md Mustaque v/s State of Bihar, reported in 2004 AIR, Patna-73.
2. However before the general public could be freed from the clutches of the State & Central level Bureaucrats, by abolition of the Urban Development Authorities like Delhi Development Authority etc, the Supreme Court on 05-11-2004 itself stayed the Judgment in Special Leave to Appeal (Civil) No(s).22245/2004 as well as WITH SLP(C) NO. 22726 of 2004 (SLP(C) NO. 22935-22936 of 2004
SLP(C) NO. 23105 of 2004.The Petitions were filed by State of Bihar; Patna Regional Development Authority; Gaya Regional Development Authority etc. The State Bureaucrats fearing loss of billions of Rupees of Ghotala and Bribe money, which these Authorities provide them with, went to the upreme Court.
3. However Nitish Kumar, when he became Chief Minister of Bihar, abolished repealed all the Urban/Regional Development Authorities and gave all their powers to the Elected Representatives, the Municipalities in 2007 by Bihar Municipal Bill 2007.Thus for all practical purposes, the Patna High Court Judgment was followed by the State of ihar.
4. Inspite of this the Bureaucrats of the abolished, Non existent Authorities are pursuing the case, i.e. dead man contesting, their Advocates are appearing and they are hoping that if the Supreme Court strikes down the Patna High Court Order, they can prevail upon the Government to create afresh these Golden egg laying authorities for them. The present situation is that five years have passed. The last order of Supreme Court Date: 17/03/2009 reads:
“This SLP is of the year 2004.
There is Court's Order to issue notice with interim stay on 5.11.2004. Thereafter petitioner, State Authority could not serve a single respondent against whom there is an ex-parte stay. The matter was adjourned for 23rd April 2007, 20th August, 2007 and 6th December, 2007 when matter was ordered to be listed before the Hon'ble Chamber Judge for default of the petitioner. By order dated 31st January, 2008, Hon'ble Chamber Judge has granted further four eeks
time by way of last chance with an additional dasti service. Petitioner has failed to serve the unserved respondents till date. Petitioner has also failed to take appropriate steps by selecting proper mode of service, as provided under the Code of Civil Procedure till date.Now, petitioner has filed an application for substituted service on 4th March, 2008. On perusal of such application, it is found that it is not proper and as per rule, in as much as the name of the newspaper are not disclosed in such application, therefore such application cannot be entertained. Considering the fact that matter is pending for confirming service upon single unserved respondent for five years, list the matter before the Hon'ble Chamber Judge for non-prosecution against unserved respondents.”
5. Therefore the benefit given to the general public by the Patna High Court has been denied to the public by the arbitrary and Authoritarian stay order of the Supreme court for the last six years and this may continue for generations. Therefore the Supreme Court, where it stays any order of the lower Courts, must ensure that the case is decided on merits within at the most six months and even if the party obtaining the stay abstains, the Case must be decided. In the present case, if the Case is dismissed, simply for default of the Petioner, the important point raised by the Honorable Patna high Court will be left un answered and leading to future Confusion as well in cases of other States, which may raise the issue again in case of any similar Judgment passed by their High Courts.
6. This article will be continued regarding other cases, where the Public interest benefic Judgments passed by the High Courts have come to an end in the Supreme Court of India.
Robby Sharma
865, Block-B, Panki Kanpur-208020
email—sharmarobby@hotmail.com
Mob-91-9415438326;9235844258.

Western Propaganda against USSR responsible for surge in Terrorism

Western Propaganda against USSR responsible for surge in Terrorism
An open Letter to president Bush.
From:-Robby Sharma 06/09/2004

House no.865, Block-B, Panki, postal code-208020
City-Kanpur, State-Uttar Pradesh,
Country-INDIA

To
The President of the United States Of America
Dear Mr President.
I would like to give you my best wishes for the coming elections.
Sir in the past few years you have done a tremendous job in fighting Islamic terrorism. Sir whatever people of the world may say but the fact is that since its advent Islam has only preached & practiced bloodshed & has always raised its sword against the civilized people of the times, it has butchered billions of innocents, making no exception of women & children.
If one wishes to know about Islamic butchery, one will have to read about the genocide they committed for thousands of years in INDIA , my country ( which they invaded as soon as the Khalifa of Baghdad took up the task of propagating Islam by use of sword as early as within a decade or two of death of Mohammad) & their own historians put everything in writing .
I think that the Western media & propaganda about the defeat of USSR forces in Afghanistan is also to be blamed for rise in Islamic terrorism all over the World.
The USSR if it wanted could have annihilated Afghanistan by using a few Nuclear bombs in its arsenal , the fact that it did not do so due to concerns of the world community & to avoid further loss of lives, does not make it a COWARD nor does it mean that it was defeated.
.A superpower if it chooses not to utilize its Nuclear option in a conflict with a weaker enemy & instead chooses to withdraw on humanitarian grounds can only be applauded as your own Country did in Vietnam, Korea etc.
The Western propaganda of defeat of the USSR in Afghanistan was music to the ears of the Islamic terrorists; later on the breakup of the Soviet Union let loose the Scourge of Islamic terrorism on the civilized world. All the Muslim Majority nations of the erstwhile Soviet Union, who were kept away from fundamentalism by strict Soviet control are now out of its control, are nuclear armed & if their arsenals fall in to the hands of Islamic fundamentalists then the Civilized world will have had it.
I only hope that your great Country can save the Civilized nations of the world from this terrible danger & I wish to convey my best wishes to you in your fight against terrorism.
Thanking You
Robby Sharma

Mischief of Leasehold rights-Apartment ownership Laws

Mischief of Leasehold rights-Apartment ownership Laws

Kanpur-19-may-2009
The following Suggestions were given to U.P. Government for safeguarding the interests of Flat/Apartment/Plot/Properties Purchasers and for removing the mischief of leasehold nature of properties but the same were thrown in the waste paper basket because the Bureaucrats simply wanted to please the Builders and make the Act for their benefit rather than for Public benefit. But seeing that some of the suggestions like f.a.r. and density increase, suited them, they were selectively adopted while all other were ignored. Please read the article carefully and send your comments

Short-comings in the Uttar Pradesh Apartment(Promotion of Construction, Ownership and Maintenance) Bill & some Suggestions.
To 25-11-2007
The Pramukh Sachiv Awas Evam Shahari Niyojan
Government of Uttar Pradesh Secretariat
Bapu Bhawan Lucknow.

Respected Sir

I propose the following suggestions:-
Amendment in the Objects & Reasons
An Act to provide for matters relating to the ownership, individual rights as well as undivided interests in common areas & facilities & obligations of Purchasers of Apartments & Plots in Buildings & Townships & the common areas of these Buildings or Townships mainly developed by private Developers /Promoters / Builders & the Act may be extended to the Buildings & Townships developed & sold by Government Instrumentalities either wholly or jointly with private Developers.
An Act for promotion of Apartment Culture in the State so that Scarce Agricultural Land is conserved by means of common sharing of open areas, Lawns, common facilities & in general vertical growth of the Cities rather than Horizontal & for encouragement of the private Sector in the development of Residential, Commercial or Industrial accommodation and the development of Planned Townships having all the required Infrastructure to support the Inhabitants.
An Act to provide for Economical accommodation to the Citizens & specially to the needy weaker Sections of Society for accommodation of whom some density restrictions are also being relaxed by this Act.
An Act to provide for matters to minimize the disputes and litigations between the Owners of Apartments/Plots as well as between the Owners & Promoters.
An Act to provide for accommodation to the menial classes whose services are availed by the Apartment Owners & citizens of the City/Township & who are forced to live in slums due to lack of suitable accommodation near their work places.
An Act to provide for more spacious accommodation to the Citizens by way of additional f.a.r. subject to the number of dwelling units remaining unchanged.
An Act to promote creation of more open spaces, Parks & playgrounds by permitting more f. a. r. for lesser ground coverage.
An Act to provide for Use of Green Plantation Areas & Forests in the Townships for the purpose of providing parking space as well as for selling of goods by the poor vendors with preference to the owners or the family members of the Landowners whose lands are acquired for the Town Ships.
An Act to provide for sufficient Commercial space in Residential Townships so that the menace of Commercial activities encroaching upon Residential areas is curtailed and at the same time the Promoter is able to get better price to offset the losses that he may have to suffer on account of sale at lesser price to the deprived sections of the Society it will also allow him to offer residential accommodation at lower prices.
An Act to remove the mischief of complicated land owner ship rights and declare as symbolic all right of lessors in land leased by them and the leases having 75 or more years to expire.
An Act to provide perpetuity of owner ship and security of accommodation to Apartment owners.

Amendment & suggestion for definitions
In clause-(w), Promoter will include the owner or Lessee of the Land on whose land the Promoter or builder by whatever name called enters in to a Builders agreement to build or develop a building or plots & to sell them. In such an event the Owner or Lessee shall be deemed to be Co-Promoter for the purpose of this Act & shall be jointly responsible for all the obligations of the Promoter under the Act & shall jointly sign all the plans & Declaration.
After clause-(x), following clauses shall be inserted. (x-1)- “f” means the floor area of the individual Apartment in a building or plot area of a Plot in a Township as the case may be. (x-2)-“F” means the total permissible floor area available to the promoter under the Town Planning Laws applicable to the building or Township or as available under this Act, at the time of sanctioning of the development/building Plans by the Sanctioning Authority for the same. (x-3)- “f. a. r” means, in the case of buildings, the floor area ratio i.e. total permissible floor area (as per the Town Planning Laws in force or under this Act), of the Building/s divided by the total area of Plot deemed to be connected to the Building/s .In the case of Townships it means the total permissible floor area (as per the Town Planning Laws in force or under this Act), of the Township or Sector or Block by whatever name called divided by the area of the Township or Sector or Block.


Amendment in Section-4(1)
1. Instead of the existing phrase the following shall be substituted. 4-(1)-Any promoter who intends to sell - (a)-An Apartment in a building/s having a individual Plot deemed to be attached with the Building/s.
or
(b)- A Plot of Land in a Township or Sector or Block or Pocket of a Township
or
(c)-a constructed building having less than four apartments (on a separate plot) in the Town Ship or Sector or Block or Pocket of the Township.

Shall firstly, in addition to other documents which may be needed by the Local Authority having the power to sanction the development/building plans, make the following declaration before the Competent Authority as well as before the Local Authority as above and this Declaration made as hereinabove Shall be disclosed to the intending purchaser & shall form a part of the agreement between him & the Promoter whether he asks for it or not. This declaration shall Disclose amongst others the following—

(i)- The total area of the Land deemed to be attached to the Building/s.

(ii)- The floor area for construction purpose available on the Land as per the provisions of the Town Planning Laws or as available under this Act, at the time of applying for sanction of the building/development Plan.

(iii)-The total number of Apartments to be constructed with details of the floor area of each apartment separately.

(iv)-Not withstanding any thing to the contrary in Section-5-(2) or any other part in this Act, each person, who becomes entitled to the exclusive ownership and possession of an apartment shall be entitled to an undivided interest in the Plot of Land deemed to be attached to the Building/s including the common areas and facilities = f /F -where “f”=the floor area of the concerned Apartment & “F”=the total permissible floor area available (as per the Town Planning Laws in force or as available under this Act). Explanation- If any Apartment / area is provided (till the time he continues to provide the said service), free of cost or on rent or license to anybody for providing some essential utility like water or electricity or Fire or Police service or postal services & any other service necessary for needs of the Apartment owners, then, other than, the use of the allotted Apartment or Space, such service provider, shall not be entitled to any undivided interest in the property & shall be merely entitled to the Use & occupation of the area allotted to him & to those common areas & facilities of the property as are essentially connected to the provision of the said service. Explanation-2- Purchase of any parking Space shall not in any way add to the Undivided Interest of the purchaser in the property it shall merely entitle him to the Use of the Parking Space.( More attention needs to be paid to this issue as it is a sensitive issue requiring more specific provisions)

(v)- It is further clarified that if there is any increase or decrease in the permissible floor area for construction, applicable on the property, between the time of applying for sanction & the actual sanction then the Promoter shall ensure compliance with the amended provision as applicable on the date of sanction & obtain the sanction. The finally permissible Total Floor Area i.e. “F” shall prevail for the purpose of Declaration as provided in Section-4-(1) & shall be taken in to consideration for any sale to Intending Purchasers.

(vi)- If after the sanction of the Building/Development Plans, any additional permissible Total Floor area or f. a. r. becomes available on the property then the Apartment purchasers, who have become entitled to an apartment by making any payment(and obtaining receipt) either as an advance or as a token payment by whatever name called shall not loose any part of the undivided interest in the property & the common areas & facilities as has been deemed to have been created in their favor on the date of the initial payment, by the formula “f / F ” taking as a basis the Declaration referred to in Section-4-(1). In such an event the Promoter shall be entitled to the benefit of the increased f. a. r. only on the remaining unsold Apartments & he shall before selling any other Apartment, make a modified Declaration under Section-4-(1), containing the necessary changes & the leftover undivided interest in the property shall be divided amongst the new purchasers as per the changed Declaration.

(vii)- On becoming entitled to any additional f. a. r. after the sanction of the original building plans, the Promoter shall serve a notice by registered post to the Competent Authority as well as the Local Authority empowered to sanction the Building Plans and to all the Apartment Allot tees till that date and the date of service or refusal of this registered notice shall form the basis of determining the interests of the parties. It is further clarified that the availability of any additional f. a. r, on the property shall not absolve the Promoter of the responsibility to comply with the original Construction Schedule as disclosed in the Original Declaration.

(viii)- In case the additional permissible f.a.r. becoming available after the sanction of original Plan exceeds the sanctioned f.a.r by more than 25 % then in addition to the provisions of safeguarding the undivided interest of the Apartment Allot tees provided as above, it shall be mandatory for the Promoter to obtain the No Objection of all the Allot tees as on the date of service of the notice.

(ix)- The Promoter shall not be entitled to the benefit of any additional f. a. r which becomes available on the property after the date of happening of the earliest of the following events (a)-Issue of Occupancy / Completion Certificate ;(b)-The date of Likely Completion of the Building as declared in the Declaration under Section-4-(1); (c)-The date of putting in to possession of any of the allot tees /purchasers of any Apartment. After this date if any additional f. a. r becomes available on the property then the Apartment owners/allot tees as on this date shall be entitled to the benefit of this additional f. a. r and the Promoter shall be entitled only to the benefit available on the unsold Apartments. When the Apartment Owners become entitled to this additional f.a.r then to utilize this benefit they shall have to take further steps only through the Association formed by them as per provisions of this Act and if the structural safety of the Building permits (certificate to this effect will have to be obtained from an Authority or agency or Panel of Structural engineers which may be nominated or approved by the Competent authority or Local authority or the State Government) additional construction then such additional construction may be undertaken by the Association & divided amongst themselves provided at least 80 % of the Apartment Owners give their N.O.C. in writing to the association. In case there is some other space available to the association under joint ownership of all the Apartment Owners in excess of the mandatory minimum Parking Area and other common Areas which are to be kept un-built upon as per provisions of the Town Planning Laws in force on date of fresh sanction then this space may be built upon provided there is ample space for Parking & Common areas to serve the new dwelling units to be Constructed. In all such cases all the apartment Owners together with the Association shall be deemed to be Co-Promoters for the purpose of this Act & shall be obliged to comply with all its provisions if they want to sell at any time, any part of the property or additional Apartments built on account of the additional f. a. r. available. Provided that for this Section and for any other Section of this Act, each Apartment owner shall be entitled to one vote of equal value irrespective of the area of his Apartment. It is only for the purpose of the valuation of the property in the case of sale or mortgage or insolvency or for Insurance & other like financial purposes that the interest of the Apartment Owners shall be considered in proportion to their undivided interest created in the property on the basis of the floor area of their Apartment.

(x)-If the promoter is unable to use up the original f. a. r available to him before the date of happening of the earliest of the following events (a)-Issue of Occupancy / Completion Certificate ;(b)-The date of Likely Completion of the Building as declared in the Declaration under Section-4-(1); (c)-The date of putting in to possession of any of the allot tees /purchasers of any Apartment, then he shall not be entitled to do so afterwards and in that event the undivided interest of each Apartment Owner will stand proportionately increased to f/Fa where Fa=the actual Floor Area out of the total permissible floor area used up till the above date.
Some of the above complications can be avoided if provisions are laid beforehand disallowing any increase in f.a.r after the commencement of the Building/Township.
Suggestions regarding Density Restrictions & f. a. r
A- It has been observed that day bye day the prices of properties are increasing on account of speculative tendencies & at the same time prime Agricultural Land is being lost to the expanding Cities and this is driving residential accommodation beyond the buying power of the masses. People are being forced to live in worst conditions than even Beasts in small hovels. Talking about Kanpur when Jawaharlal Nehru visited Kanpur, soon after independence, in the early Fifties, he used these very words when he visited a few hataas on G.T road in Kanpur. Since then ten five year plans have gone by & the nett result is that now there are fifty times more such Beast like creatures (poor citizens), living in smaller hovels. The situation is the same in all the cities of the Country.
One of the reasons which forces ordinary citizens to live in such small houses is the denial of proper f.a.r by the Town Planning Authorities for reasons best known to them. It is the dwelling Units permissible, which should be restricted & the restrictions of f.a.r should be lenient & related to the creation of more open spaces. The Honorable Supreme Court of India in the public interest petition initiated by itself in the matter of
News-item “Hindustan Times” A. Q. F. M. Yamuna
v.
Central Pollution Control; Board & Another

By order dated December-12-2003 of two Judges,
J. Rajendra Babu & J. G.P. Mathur , reported in (2004) 9 SCC-569, held that no objection can be taken to allowing more F.A.R to give more spacious accommodation to the Citizens, provided the Number of permissible Dwelling Units is not increased
Keeping in view the Mumbai Town Planning Restrictions, which provide for a Dwelling Unit density of 450 dwelling units per hectares. However since the problem in U. P. is not that acute and lesser density can be fixed. I therefore make the following suggestions,

1. No group housing Activity (construction of more than Twenty Apartments with undivided interest in common areas) shall henceforth be permissible on a plot of less than 4000 square meters of Land.
2. Not withstanding any thing to the contrary in any other Law for the time being in force Each hectare of Land in any New Township henceforth to be sanctioned on more than (minimum area to be specified preferably not less than 100 hectares i.e. 1 Km X 1 Km) of land shall provide for at least 150 dwelling units per hectares. Any density restrictions of any Zone or area, in which the development of the New Town ship is sanctioned, after the coming into operation of this section /Act in any Master Plan of any Urban area /Municipality shall stand increased to 675 persons per Hectares for the area of the Township.
3. Not withstanding any thing to the contrary in any other Law for the time being in force including any Town Planning Act or Master Plan, the maximum number of dwelling units permissible per hectares shall be not more than 300 (each dwelling unit is deemed to be inhabited by 4.5 persons for the purpose of calculation of density).
4. (1)-Not withstanding any thing to the contrary in any other Law for the time being in force, at-least 20 % of residential dwelling units to be created in any new Township shall be allotted, complete in all respects to the economically weaker sections of Society [to be specified by the Government / Competent authority(subject to 30 % reservation of these dwelling units for the residents of the Village/s whose lands were or are acquired for these Townships whether by agreement or by an Award under the Acquisition Act In case of other allottees of this category, due regard shall be paid to the usefulness of the Allottee for the Township i.e Barber, Dhobi, sweeper, Domestic help & the like ) in such manner as may be prescribed, subject to the condition that it shall not be sold or transferred or let or kept vacant in any manner by the allottee for at least twenty five years from the date of possession )] at the following rate— (a)- In the case of built-up Apartments, at the cost price of the Construction of the Apartment so allotted (cost to be calculated by a qualified valuation expert out of a list of those nominated by the Government) only(The Competent authority may provide for further reduction of the sale price in the case of allotment to the Villagers of the Villages where these Townships are situated . (b)- In the case of the plotted Development at the purchase cost of the Land calculated by multiplying the sale consideration paid by the Promoter per square meter of land by the area of the plot so allotted subject to a minimum of 50 square meters. Explanation-1. It is hereby clarified that in calculating the cost of the apartment under this section, the cost of land and any other amenity or facility shall not be taken in to account.
Explanation-2. It is hereby clarified that the minimum Carpet area of each dwelling unit to be allotted to the weaker sections as above shall be = 40 square meters & shall comprise of at least two rooms + one kitchen +one Toilet cum Bathroom and one balcony.

Explanation-3. It is hereby clarified that while calculating the total number of Residential dwelling units for the purpose of this Section, all the residential dwelling units of the Township shall be taken in to account.
Explanation=-4. It is hereby clarified that such Allottee of the weaker Sections shall also gain an undivided interest in the property in proportion to the floor area allotted to them in the same manner as the other Apartment owners. This undivided share may be mortgaged to a financial Institution to avail loan by the allottee. 4-(2)-The Competent Authority or the Government may call for applications for such allotments after the construction of the Building or Plotted Development has commenced & upon such Commencement, the Competent Authority or the Government shall be deemed to be the allottee of the Apartments & shall be obliged to make necessary arrangements for immediate payment to the Promoter for the cost of these Apartments as agreed upon with the Promoter or in five equal installments depending on the progress of the building starting from one month after the Commencement & ending with the final payment within one month of being put in to possession or deemed possession which will be the date on which a period of one month has expired after the issue of Completion /Occupancy certificate.
5. Not withstanding any thing to the contrary in any other Law for the time being in force & subject to complying with the provisions of the previous section & subject to the maximum permissible number of dwelling units remaining unchanged, the maximum ground coverage & the f. a. r. available for group Housing & Townships shall be as under (a).The maximum permissible ground coverage --------------30 % (b).maximum permissible f.a.r. in case of 30% ground coverage=2.00 (c)-maximum permissible f a.r. in case of 25% ground coverage=2.25 (d)-maximum permissible f.a.r. in case of 20% ground coverage=2.50 (e)-maximum permissible f.a.r. in case of 15% ground coverage=3.00 (f)- maximum permissible f.a.r. in case of 10% ground coverage=3.50 The above recommendation of more f.a.r for lesser ground coverage is based on the principle laid down by Awas Anubhag –3 Notification No.1084/XXXVII-3-29-N.K.V.-86 dated May-18-1987 regarding Lucknow Master Plan. However in that the Commercial area specified was very low resulting in Chaos in the Cities, where the commercial activities have encroached on all other Users. Additional commercial User will allow the Promoters to give concession on Residential Dwelling Units.
6. In addition to the maximum permissible f. a. r. as above, a further additional f. a. r of 0.5 shall be available to a Promoter who in compliance of the mandatory requirement of allotment to economically weaker sections, instead of 20 %, allots 40 % of the residential dwelling units to the economically weaker sections of Society.
7. In the case of Commercial Sections, the Provisions of this Act shall apply mutatis mutandis and separate Rights& undivided interest in common Areas & facilities of these Commercial areas shall accrue to all the Apartment Owners (includes owners of Offices, Shops, Showrooms as the case may be). It is hereby clarified that apartment Owners of Commercial areas shall not obtain any undivided interest in the Common Areas & facilities of the Residential Section & vice versa.
8. In the case of Commercial areas the following Ground coverage & maximum f.a.r shall be permissible-
(a).The maximum permissible ground coverage --------------40 % (b).maximum permissible f.a.r. for above 25 % to 40% ground coverage=2.00 (c)- maximum permissible f.a.r. for above 15 % to 25% ground coverage=2.50 (d)-maximum permissible f.a.r. for up to 15% ground coverage=3.00
Other provisions which are essential & may be incorporated
9. The Promoter will be entitled to & bound by the Specified number of maximum & minimum number of dwelling units, ground coverage, f. a. r. etc on the basis of the entire area of the Township to be developed by him without excluding any area of roads, parks, open spaces etc. However the area set aside for Commercial centers shall be excluded from it. In addition to this 1 % of the total permissible dwelling units can be constructed additionally for Security & care taker staff but within the same f. a. r . These additional units shall not be sold & shall be at the disposal of the Association formed for the Building/Township/sector/pocket/Block as the case may be. The promoter shall be entitled to recover the cost of these by proportional addition to sale price of the Apartments.
10. Not withstanding anything to the contrary in this Act or any other law for the time being in force, the Promoter shall set aside for Commercial activities( like Shops, Showrooms, Nursing Home /Hospital, Offices, Guesthouse, Multiplex, Community Center & the like)of the Township, at least twenty percent & maximum twenty five percent of the Land Area of the Township, at specified locations (to be specified by him). Each of these Commercial Centers shall be specified as a separate sector or block or pocket by the Promoter. All such Commercial Centers shall be clearly demarcated by means of some visible permanent markers & shall be separated from the Residential Sectors /blocks /pockets, preferably by Roads + Parks, Plantation Areas, Playgrounds, Open Spaces . However, in the case of smaller Townships, where such separation is not possible, by a minimum distance to be specified & at least half of this separation area shall be planted with large trees on the Residential side of this separation area to insulate it from noise & pollution of the Commercial area. The other part of the Separation area towards the Commercial area may be used for Road, additional Parking. Endeavor should be made to have a clear separation of at least 100 meters between the Commercial Centers & the Residential Blocks.
11. Not withstanding any thing to the Contrary in any Law for the time being in force, including the Registration Act & the Stamp Act, where any Land is purchased by a Promoter (who intends to develop a Township under the provisions of this Act) after intimation to the Competent Authority/Local Authority/the State Government as the case may be and after obtaining the clearance for the same, stamp duty @ only one percent shall be payable by the Promoter for the registration of such Land subject to the condition that he shall make the necessary developments & execute the registration deeds of all the apartments & developed Plots before delivery of possession and in any case within five years & thereupon Stamp duty at a rate to be fixed by the Government (but not exceeding five percent of the sale consideration) shall become payable & till such time the Stamp & registration Department shall have first lien on the property, which shall be duly recorded in the Sub-registrar’s Office at the time of purchase by the Builder. Provided that the Circle rate taken in to consideration at the time of the purchase by the Promoter shall be deemed to be the Circle rate for Agricultural Land.
12. Not withstanding anything to the contrary in this Act or any other law for the time being in force, A Building,( in which Sale of Flats has been permitted by the Competent authority to the Promoter) shall be completed and the purchaser/Allottee unless disqualified under this Act shall be put in to possession immediately after the expiry of three years from the date of commencement of the building. In the event of any default by the Promoter, The State Government/Competent Authority shall be deemed to have been appointed as the receiver of the property & shall take the necessary steps to complete the building & safeguard the interests of the apartment Owners/Allottees as well as the interest of the Registration & stamp Department and any other Government Department & till such time all interest of the promoter shall stand suspended and after the above obligations have been met by the receiver, the interest of the Promoter shall revive only in any surplus left either in shape of money or un sold Apartments subject to further reduction on account of Administrative charges to be deducted by the Receiver.
13. Not withstanding anything to the contrary in this Act or any other law for the time being in force, where a Promoter intends to develop a Town Ship under the provisions of this Act, he shall submit a complete plan of the same including the stages by which he intends to proceed & complete the Township The Plans shall clearly show the Residential Areas of the Township & the Commercial Areas and these shall be demarcated in to Phases /sectors / pockets / blocks as the case may be.
14. The Plans shall further show the Parks, the Plantation areas, the Open Spaces & the roads & the Playgrounds & Schools, Colleges & other public utilities.
15. In Residential Section of the Township (i.e. total Township area minus the Commercial Area set aside, a minimum of 10 % land area shall be developed as Parks; a minimum of 10 % as Playgrounds; a minimum of 2 % as Open Spaces to cater to Dussehra / Durga-pooja & other religious & social & cultural Users requiring Open Space (no such celebration shall be permissible in Parks & Play grounds). Provided further that these open spaces may be utilized for temporary vegetable/fruit markets, handicrafts bazars & fairs to provide space to small vendors & Hawkers on temporary basis only.
16. Adequate provision subject to a maximum limit of one percent of land shall be made to accommodate Temples / Gurudwara / Church / Mosque & this will be left to the discretion of the Associations.
17. Provision for suitable number of Nursery & primary Schools based on the Education Department’s Norms shall be made in the Township.
18. Plantation of lar­ge Trees with a distance of thirty to fifty feet between the Trees shall be done on at least 10 % of the entire Land of the Township including the Commercial Areas. Each Tree shall be provided with an enclosure of six feet on all four sides by means of a fence or Tree Guard. However beyond these enclosures, these Plantation Areas may also be used for, Jogger tracks; for providing space for Additional Parking Areas; Space shall also be allotted (as per norms to be prescribed by the Competent Authority/State Government /Local Authority as the case may be, in these Plantation Areas & the other parts of the Townships, for Vendors & Hawkers & Kiosks may be constructed for the purpose & allotted provided that fifty percent of all Hawking/Vending Spaces/Kiosks in any Town ship (including the Plantation Areas shall be reserved for allotment to the Inhabitants of the Villages on whose lands these Town ships are situated & amongst these fifty percent, half shall be reserved for allotment to the family members of those Villagers of these Villages who were considered as Landless villagers within the meaning of the U.P. Zamindari abolition & Land Reforms Act-1950 at the time of the Acquisition of the Land of the subject village. Provided that the Vendors & Hawkers will only be permitted to enter in to & sell their wares during the time (for a minimum duration of ten hours daily) to be prescribed by the Association. Provided that at least 50 % of the land of the Plantation Areas shall be left open as raw earth i.e without any artificial paving & the balance area may be covered with tracks/flooring by means of porous material or Tiles. Provided further that no permanent structure of any masonry material shall be constructed in these Plantation Areas other than water tank/ tube well etc.
19. The Builder shall complete the Development of the Township within the time specified in the Declaration & in any case within seven years. Prior to this period for completion of the Township, he may complete the various Phases of the Township/ Sectors / Pockets & Blocks one by one but in that case he shall have to provide the minimum common facilities like Parks, Tot-lots, Jogging tracks etc & proportionate number of Schools out of the total planned as well as sufficient number of Shops /Commercial space so that the daily needs of the Inhabitants are met.
20. The Township shall be directly accessible from a public road of at least 30 meters width across the entire length of at least two sides of the Township & in case of any shortfall on this account the Promoter shall have to provide space from the Township’s Land so that the shortfall is met & in such an event, the Road Land so contributed shall be owned by the Township but for all practical purposes shall vest in the Local Authority for the purpose of a Road, qua a Road and the local Authority shall have no other right of any commercial exploitation of this portion of the road other than normal laying of Sewer lines /water/electric lines and other public utility lines.
21. (1)-In order to allow for smooth traffic on the Public Roads, with minimum of merging traffic, the Township shall be completely enclosed by a Compound wall of such height as may be permitted by the sanctioning Authority subject to minimum of two meters. Access to the Public Road may be had from common Entrances /Exit openings of not more than 30 meters width in the Compound wall provided that the minimum distance between any two openings on any one side shall be five hundred meters measured from center to center of the opening. It is hereby clarified that this distance restriction shall not apply in case of Openings on different roads i.e An opening in the North wall may be situated right next to the Opening in the Eastern or Western Wall i.e. on the Corner & so on. No such opening shall be made within ten meters of any Commercial Building of any Commercial area.
(2)- Parallel to the Outside Public Roads, There shall be Constructed inside and alongside the entire length of the compound wall, a inner road of the prescribed width as per the hierarchy of roads prescribed by the sanctioning Authority for Development Plans, shall be constructed so that the entire traffic of the Town Ship enters & exits only through prescribed gates of the Township.
(3)- Alongside all the Openings in the Wall, there shall be constructed a depression or alcove in the Compound wall & it shall be covered in a suitable manner so that a space of twenty meters wide by five meters deep is available, outside the Compound wall as a Bus Stand/shelter + public Toilet to the general public. The ownership of this Bus stand/shelter shall vest in the Township but free use shall be permitted to the general public. (4)- The Compound wall shall at all times be maintained in proper state without any breach or any reduction in height at any point & if at any time it is found to be broken allowing access to the Public Road at places other than the designated Openings then the Association shall be held liable & a fine of Rupees Five thousand per day shall be levied & shall become payable to the local Authority in whom the Public Road Vests. The Public Authority shall be entitled to get the repairs made at the cost of the Association.
(5)- No Residential or Commercial building other than that provided to the Security staff or for Public Utility Service providers shall be situated within a distance of ten meters from the Compound Wall
22. It shall be obligatory upon the Promoter to provide suitable Space as per the stipulated Norms of the Zonal Plan on the periphery of the Township free of cost to the following service providers & public utility services. (1)-Police Post/Station. (2)-Post Office. (3)-Fire Station. (4)- Electric Substation. (5)- Water supply department (if public water supply is availed of. (6)-government dispensary.
(7)-Any and all other utility providers which may be prescribed by the Sanctioning authority to be allotted space either free of cost or in case of profit making service providers like the Telephone Department & the like after realizing payment. Provided that where the Size of any Township is small and it is impracticable to burden it with all these then the Sanctioning authority shall ensure that the required number of Townships are clubbed together & proportionately levied with the burden of providing these services. It shall be the responsibility of the Sanctioning Authority of Development plan to provide all these public utility services to all the Inhabitants of the Town Ship/Zone.
23. Land and building for Sufficient number of Primary schools & Land only (for required Number as per planning norms) for High Schools/ Inter colleges and Degree Colleges shall be provided by the Promoter as per the Norms of the Education Department all of which shall be handed over free of cost, for running & management only to the Local Authority having obligatory functions to provide Primary Education. Thereafter it shall be duty of the Authority to either run them itself or to give them to others on lease of fifty years/ renewable for further periods subject to compliance of terms and conditions (with first preference to Cooperative Societies of Teachers), without any charge, other than local Municipal taxes, the underlined idea being to provide cheap education to the masses. The builder will be entitled to add the cost to the Apartments/plots/properties sold by him.
24. The Possession of Commercial accommodation shall be given simultaneously or within two months before or after the Possession of Residential apartments & in proportion to the Residential Apartments the possession of which has been given. Explanation-1- If the promoter is in a position to give Possession of ten percent of the dwelling units then he shall be permitted to give possession of up to ten percent of the Commercial Area, two months before or within two months afterwards and so on. This restriction shall not apply in case of Commercial Plots sold for Nursing Homes /Schools & public utility services.
25. Suitable Parking Space shall be provided within the Township for Parking purposes of the Inhabitants as well as the Visitors. No parking of any Vehicle shall be allowed outside the Compound wall of the Township/Apartment Building as the case may be. A fine of Rupees two hundred shall be recovered, on the Spot, by the Local Municipal Authority from such Vehicles found parked out side and the same will be impounded in case no occupant is found therein on the spot.
26. The Competent Authority or the State Government shall lay down the norms for forming the association of Apartment Owners & it may provide for forming of Associations, Building wise, specified number of Apartment wise-, Sector wise, Block wise, Pocket wise & then from amongst these for formation of Phase wise & Township wise Associations and assign to these, specific duties, rights& functions.
27. These suggestions have been drafted in haste so that they may be put up, in time before the concerned stake holders who are welcome to fine tune & adopt as many of them as they find suitable.
28. Provisions to stop speculation in Land.
(a) Not with standing anything to the contrary in any other law for the time being in force, vacant plots & apartments will attract penal property taxes at at least twice the rates as are applicable on occupied apartments.
Provisions to avoid legal battles on Account of unregistered eleven month tenancy agreements.
29. Apartments rented/leased out for less than ten years to be levied only with one percent stamp duty & maximum 5000/- as registration charges. Those rented/lease out for more than ten years to less than 30 years to be levied with maximum 2% stamp duty. Any new lease for more than thirty years or where old rent/lease agreement is extended beyond thirty years to be deemed to be transfer for the purpose of stamp duty & subjected to stamp duty at that rate subject to maximum of 5%.
Removal of the mischief of complicated lease hold rights (started by Foreigners, who had a long History of Land Lord Tenant relationships i.e. a feudal system of Land owning gentry) and for provision of security and permanence of owner ship rights to apartment owners.
30. Where a owner or lessor of any property joins as joint promoter or is deemed to be joint promoter then not with standing any thing to the contrary in any law for the time being in force he shall be deemed to have extended the lease for perpetuity i.e. free hold & shall jointly sign all the sale deeds of apartment owners & in case he himself is a lessee of some body else then it will be deemed that he has extended the lease for the remaining period of his lease & all his interest in the lease of the property shall come to an end automatically at the termination of the lease period & the apartment owners shall step into his shoes collectively.
31.(i) No Township or building under their Act shall be developed on any land under lease if the lease period remaining at the time of applying for sanction to the building or township is less than 75 years.
31 (ii) Not with standing anything to the contrary in any other law for the time being in force in case of lease hold lands, the lessee who joins as co-promoter and holds full rights in the lease for at least 75 more years as on date of applying for sanction of Development for a Township or apartment building shall be deemed to be the final lessee or deemed owner of the land and all previous lessors /leasees or sub-lessor /sub-leasees by what ever name called shall be deemed to be jointly holding equal but only symbolic rights and interest in the land and such total symbolic interest will be valued at 10% of the market value based on the prevailing circle rate of the land on the date on which the final lessee/ deemed owner applies for sanction under this Act. All these previous lessors /leasees or sub-lessor /sub-leasees by what ever name called shall be called "PARAMOUNT LESSORS".
32. (i) Before according sanction to any new township or building under this Act the competent Authority shall at the cost of the promoter, cause public notice to be sent by registered post twice within a period of two months at the address if known or recorded in the lease documents of the PARAMOUNT LESSORS. The said public notice shall also be published in at least two news papers (one in English and one in local language) having maximum circulation in the area know or believed to be the area where out of the "PARAMOUNT LESSORS", the lessor who lastly executed the existing lease, or his heirs reside. The said public notice shall also be published in two news papers as above in the area where the property is situated.
32-(2) After the sending by registered post and publication of the public notice as above, if within one month no objection is received then not with standing anything to the contrary in any other law for the time being in force the "PARAMOUNT LESSORS" shall be deemed to have Consented to make free hold the lease in favor in final leasee/ deemed owner & the Competent Authority shall be obliged to issue the necessary certificate to this effect which shall be registered by the sub registrar after receiving the necessary Registration fee not exceeding ten thousand rupees and 2% as stamp duty from the promote or joint promoter as the case may be provided the promoter or joint promoter have deposited the compensation to be paid to the PARAMOUNT LESSORS.
32-(3) If in response to any public notice as above any paramount lessor or his heir submits an objection in writing then the residual interest of all paramount lessors or their heirs, not with standing any thing to the contrary in any other Law for the time being in force shall be deemed to be fixed at ten percent of the market value of the land based on the circle rate as prevailing on the date of application by the final lessee/deemed owner of the land for sanction for development of the building/apartment and this compensation shall be deposited with the land acquisition Tribunal under the Land Acquisition Act-1894 from where the claimants may claim it & for this purpose no court fee shall be payable by the claimants and the same procedure as under the land Acquisition Act shall apply for payment of this compensation amount. Explanation:- It is hereby classified that not withstanding any thing to the contrary in any law for the time being in force the amount of compensation as determined above shall in no case be in creased or decreased by any Court, Tribunal or other Authority.
32 (4) The Certificate of ownership issued in favor of the final lessee/deemed owner as mentioned above shall have effect only after the occupancy certificate/completion certificate has been issued by the plan sanction Authority for the Building/Township plan i.e. at the time of sale deeds by the promoters in favor of Apartment owner.
32 (5) In case no claimant comes forward within one year of the last publication of the public notice (informing the Paramount Lessors), to claim any interest as PARAMOUNT LESSORS then the compensation amount deposited by the promoter to acquire symbolic interest of the PARAMOUNT LESSORS shall belong to the competent Authority who will use it for the proper implementation of the Act.

Sincerely Yours

Robby Sharma
(865, Block-B, Panki Kanpur-208020)
mob-9415438326 ; 9235844258.
Email sharmarobby@hotmail.com