Sunday, July 10, 2011

Part-2 Defects in Land Acquisition Amendment Bill 2009

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

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

To 10-07-2011

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

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

Honorable Secretary Ji:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Thanking You

Yours Sincerely

Robby Sharma

865, Block-B, Panki Kanpur-208020.

Defects in Land Acquisition Amendment Bill 2009- Part-1












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

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

To 10-07-2011

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

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

Honorable Secretary:


To properly understand this article, It is essential to read the Land Acquisition Amendment suggestions letter dated-23rd March-2007,o3-03-2008 alongwith all its annexure, Which may be read on my blog

http://sharmarobby.wordpress.com/2008/08/02/land-acquisition-amendment-bill-2007-some-suggestions/

http

The major defects in the Land Acquisition Amendment Bill, which was passed by the Lok Sabha and is again to be Introduced afresh in the Parliament are as follows:-

1. In Proposed Clause 5. of the Bill, which seeks to amend section-3 of the Parent Act,(b)(iv), please instead of “tenancy rights”, “agricultural tenancy rights” should be substituted otherwise all tenants under the Rent control Acts will come within its purview.

2. Proposed definition (f) (iii) is an evil clause it is the very clause which will give rise to the arbitrary Acquisitions, like the one recently struck down by the Honorable Supreme Court in Greater NOIDA matter. Instead of the provision for Acquisition of the thirty percent Land for private persons, the only sane procedure will be to ask them to acquire 100 % of the needed Land. However it may not be possible for them to get a Contiguous parcel of Land as all the Land Owners may not sell to them. So to ensure that they get a Contiguous parcel of Land, the State Governments can go in for CONSOLIDATION OPERATIONS as mentioned by me in Section-4-C-(3) from my earlier letter dated 23-March-2007 to the Prime Minister as extracted below:- 4-C (3):-Because till the acquired land is converted to other purposes, its status remains as agricultural Land for all practical and Legal purposes as such instead of acquiring the Lands to exchange them with unwilling Landowners, the State can go in for consolidation operations under the Consolidation of Land holdings Acts and thus the consolidated Land at one place can be easily obtained to meet the public purpose and there would be no need to acquire any land to give in exchange to the unwilling landowners.

3. I am sure that only by following of this procedure as suggested by me 80 % of the Land Acquisition challenges by the farmers can be prevented. Those Landowners who are forced to shift due to the Consolidation operations may be compensated by 10 % of value of Land.

4. To better explain it take an example where a private party wants say 100 hectares of Land in some Area. He should try to buy all the 100 Hectares of Land and in fact a little more. For this purpose he should negotiate with and Owners of twice the required Area i.e. with and Owners of 200 hectares. It is almost certain that those Land Owners, who are not having their Land on the Main Roads and their Land is not on the front will readily sell their Land if a good price is offered to them. Once the private party is able to get the required 100 Hectares or a little more, the State Government can start Consolidation of Land Operations in the Area and give a contiguous parcel of Land to the private party, with entrance from the Road and during the Consolidation Operation, those Land Owners, having frontage on good roads can be accommodated on alternately (by Consolidation Operations) made Roads. So that they have the least grievance. Here I would like to point out that in Uttar Pradesh, under the U.P. Consolidation of Land Holdings Act-1953 , the State Government can go in for Consolidation Operations after every ten years and if need be at any time. Therefore provision for this can be made in the Land Acquisition Amendment Bill.

5. I am pasting below the Drawings relating to the Example quoted by me:-

1. As regards the Rights of the land Less of the Villages dependant on the Landowners Lands or Village Common Lands, Also with regard to steps needed for the Protection and Preservation of Village Common Lands for exclusive Use by the Villagers, I have already written in detail in my letter dated 23rd March-2007 to Prime Minister for my Proposed Amendment to Land Acquisition Amendment Act, which may be read on my Blog.

2. Other defects in the Proposed Land Acquisition Amendment Bill will follow in PART-2.

Thanking You

Yours Sincerely

(Robby Sharma)

865, Block-B,Panki Kanpur-208020

Mobile:09415438326;09235844258

My letter dated-23-March -2007 may be read on my blog.












Monday, June 20, 2011

The threat from the Juvenile Criminals Have a fresh look at the Juvenile Act.

The threat from the Juvenile Criminals Have a fresh look at the Juvenile Act.

By Robby Sharma on 20-06-2011 sharmarobbyhotmail.com

1. It is high time the Government lowered the age limit for giving protection to the juvenile criminals.

2. In this age of unobstructed internet and TV obscenity, more and more so called juveniles are taking to heinous crimes. Recently two boys about fourteen years of age are accused of blinding a teenaged Girl in Kannauj in Uttar Pradesh by stabbing in her eyes, when they failed to rape her.

3. There are being reported hundreds of cases of similar heinous crimes by boys above twelve years of age.

4. Terrorists are increasingly making use of juveniles in terrorist attacks and as carriers for drugs and weapons knowing fully well that even if they are caught, they can escape serious punishment being juveniles.

5. If the Government does not wake up, soon , you will find that criminals will make use of Juveniles as shooters and hit men.

Sunday, June 05, 2011

Bed Fellows Rise to the Top in India

Bed Fellows Rise to the Top in India

By Robby Sharma sharmarobby@hotmail.com

One only needs to be the Bed Fellow of a Top Politician to Rise to the Top in India.

1. Rabri Devi became the Chief Minister of Bihar and her only qualification was that she was the Bed Fellow of Lalu Prasad Yadav.

2. Sonia having similar relationship with Rajiv is now on top of the Pyramid in India.

3. Jayalalitha became many times C.M. only due to her proximity to MGR.

4. Laxmi Parvati in Andhra, widow of Late NTR is another example.

5. Kalyan Singh had to leave BJP only because he was not able to get the desired post for Kusum Rai although she also rose up in Politics only because of her qualifications with Kalyan Singh.

6. Now Ahmad Patel and Digvijai Singh may be the P.M. of India in not too distant a future.

7. I hope that readers can enlighten me about more such cases.

Wednesday, June 01, 2011

Dig Vijay Singh try him for sedition-treason then hang him

Dig Vijay Singh try him for sedition-treason then hang him

Posted by Robby Sharma sharmarobby@hotmail.com 02-06-2011,

  1. Mr Digvijay Singh it seems has gone mad, every day the media covers some new nonsensical ravings by this Sonia-Rahul Confidante.
  2. He is also a khisiyani Billi having failed to dislodge the BJP for the second consecutive election from MP, which he claims to be his fiefdom.
  3. He rejoices with Terrorists in Azamgarh, supports the Batla House Terrorists in one breadth and every second day threatens to send Mayawati, Baba Ram Dev and Anna Hazare to Jail.
  4. May be he takes pride in his blue blood lineage but believe me there is no pride in being born in a royal family in India under the Muslim/ Moghal Emperors or for that matter under the British.
  5. The Muslim/ Moghul Emperors and their Cohorts had to fight the general public and could Rape the womenfolk of the general public only after killing the Men folk and in majority of cases, the Womenfolk committed Johar by jumping in to Fire while the shameless Kings used to send their Daughters on a Platter to the Emperors as gifts, there are hundreds of examples similar to Jodha Bai , who was given as an offering by her family to Akbar so that they could continue on their thrones.
  6. Under the British too, only those Kings remained in power who sold their Countrymen to the British and helped the British during the 1857 Revolution.
  7. So Mr Digvijay Singh there is nothing for you to be proud of. You share the lineage of the Shameless Kings and now you are nothing but a slave of Sonia and Rahul who keeps on wagging his tail to please his Masters. Their Silence on your ravings means that they too share your pro-terrorists and pro- Corruption thoughts.

Tuesday, May 31, 2011

BABA RAM DEV -GONE OFF TRACK

Baba Ram Dev-Gone Off track.

01-06-2011 by Robby Sharma- sharmarobby@hotmail.com

1. It seems that Baba Ramdev has lately gone off track, he is saying that the Prime Minister should be kept out of the jurisdiction of the Lok Pal Bill. Forgetting that the P.M is not God and in fact all the Prime Ministers hold charge of Dozens of Ministries. If the P.M is kept out off Lokpal Jurisdiction then all the corruption in the Ministries under him will never be brought to light.

2. There is no doubt that the recent agitation by Anna Hazare was stage managed by the Congress to counter Baba Ram Dev’s agitation by which, Sonia Gandhi was feeling very uneasy because his agitation was particularly targeting her Ill gotten wealth. The entire drama of Anna Hazare agitation was timed between the World Cup and IPL Season and his demands were met by Congress before he could even loose a little of his paunch.

3. No wonder now Baba Ram Dev is getting back at Anna Hazare but he is raising a stupid demand. Recently one very prominent associate of Baba Ram Dev passed away. People say that he was the actual Brains behind the Baba’s crusade. By the mutterings of Baba Ramdev lately, it seems that this is a fact and the present lot of his Advisers lack the needed I.Q.

Sunday, May 29, 2011

A poem on BJP-RSS misrule



I I I had written a poem on Misrule of BJP-RSS.The person mentioned in para-46 is Bal Thackrey. Pleae note that they did nothing to check corruption when they came to power although they claimed to be different all these years.The Toli of Jaitely mentioned in the Introduction referes to the Judiciary, which was under the then Law Minister Arun Jaitely.

Tuesday, May 17, 2011

DID AMERICA MERELY TAKE BACK THE FROZEN BODY OF A LONG DEAD OSAMA BIN LADEN

DID AMERICA MERELY TAKE BACK THE FROZEN BODY OF A LONG DEAD OSAMA BIN LADEN

Posted by Robby Sharma on 17-05-2011 as received by email, my note at the bottom of the story.

Why we will never see dead Osama bin Laden? What really happened?
Posted on May 2, 2011
By Raqib Shah
WordPress.com


We need to look at the facts, use common sense and everything becomes crystal clear. For example, to prove that Osama bin Laden was killed at the compound in Abbottabad, the easiest way is to take the DNA test of the blood on the floor of the compound.
What we all know
August 2010: Pakistan shares with US some details about the compound in Abbottabad. US gathers intelligence that the compound is occupied by Osama’s children.

Jan 27: Raymond Davis, the CIA Station Chief in Pakistan gets an audio file and some pictures of Pak military installations at Tarbela from an informer in Lahore. On the way back he is pursued by two ISI contractors. He realizes that he is being followed and shots both followers in the back. He is arrested by Pakistani police.

March 16: Raymond Davis is released and he shares the information he had gathered with the CIA.

March 17: General Kayani starts criticizing drone attacks in public statements
First Week of April: News started circling that General Petraeus is being transferred to CIA.

April 5: Obama Administration submits a report to the Congress that Pakistan government has no clear strategy to triumph over militants. This is followed by a concerted international media campaign which puts enormous pressure on Pakistani Military and ISI.

April 7: Bruce Riedel, former CIA officer and White House advisor writes a report arguing that Pakistan’s nuclear weapons are not only a deterrent to India but also to USA.

April 8: General Kayani meets with Centcom Chief Gen James Mattis.

April 18: On Pakistan’s Geo TV, Adm. Michael Mullen said Pakistan’s Inter-Services Intelligence “has a longstanding relationship with the Haqqani Network. That doesn’t mean everybody in the ISI, but it’s there.”

April 20: Adm. Mike Mullen meets with Chairman of the Joint Chiefs of Staff Committee General Khalid Shameem Wynne and General Kayani.

April 22: News appears that Pakistan has taken back Shamsi Airbase back from CIA, US forces.

April 26: Washington critically attacks Pakistan Army’s counter-terrorism efforts.


April 26: General Petraeus met with General Kayani.


April 26: Meeting of the Joint Chiefs of Staff Committee (JCSC) is held at Rawalpindi, one week ahead of schedule at the Joint Staff Headquarters


April 27: Wall Street Journal reports that Pakistan is trying to wean Afghanistan away from the United States and draw it into China’s orbit.

April 28: Obama signs General Petraeus’ transfer to CIA.


April 29: Obama signs the orders to attack the Abbottabad compounds.


April 30: General Kayani gave a veiled threat in his Youm-e-Shuhada address: “Pakistan is a peace-loving country and wants friendly relations with other countries and our every step should move towards prosperity of the people. But we will not compromise our dignity and honour for it”.

May 1: Four US choppers flew from Afghaistan. Reaching Abbottabad they attacked a secure compound which housed some important Al Qaeda members. A gun battle soon ensued. Within minutes a Pakistani military helicopters flew from Tarbela, reaching the compound in Abbottabad few minutes later. In the meanwhile US forces had torched one of their own choppers. The four choppers (three US and one Pak) took off from the compound and flew to Afghanistan. Incidentally, this time none of them followed a low altitude flight. They were quite visible on Pakistani radars.

What we all should know

In August 2010 after Pakistani authorities shared intelligence with US about the compound in Abbottabad. US after its own intelligence gathering ascertains that the compound is occupied by Osama’s children. Compound surveillance continues through the next year in anticipation of capturing Osama bin Laden. In January 2011 the young CIA contractor who is give the charge of Pakistan Station Chief works “extra hard” to gather clandestine information related to ISI and Al Qaeda relationship. The contractor, now infamous as Raymond Davis the “American Rambo” receives a call from one of his assets, early morning on January 27 about a high value target. But the asset refuses to lay out details on phone or to leave the Lahore city, where he had gone underground. Raymond Davis hires a rent a car and drives to Lahore, while his security detail follows him in a bullet proof Land Cruiser. Raymond Davis is able to loose his Islamabad’s ISI “detail” by leaving in unmarked rent a car. The ISI agents falling for his trap follow the embassy’s Land Cruiser. Raymond Davis arrives at Lahore one hour earlier than his detail and meets with the asset. The asset gives him some pictures of an intelligence building at Tarbela and recording of a phone call. Listening the phone call Raymond Davis realizes the gold mine he had struck and immediately calls his security detail which had also reached Lahore, knowing if ISI reaches him first, he would not leave Lahore alive.

Next hour when the security car catches up with Raymond Davis, the ISI bosses realizes that Raymond Davis had give them a slip earlier in the morning and in the couple of hours he had in Lahore, he might have got some important information. Resultantly, they put two contractors on his tail. Raymond Davis seeing a tail fears the worse and shoots them both in the back, at a traffic stop, without logically realizing that there was no way ISI could have know what he was holding. His security detail which was close behind rushed to his “rescue” however, by the police had chased and arrested him, while the security Land Cruiser running over pedestrians escapes towards US embassy compound in Islamabad.

ISI officers quickly reach the scene and confiscating the memory sticks realize Raymond Davis has unearthed a deep secret which even their immediate bosses didn’t know about. The sensitivity of information rattles the entire echelons of the ISI and even its own officers are sent under house arrest while the relevant cell steps forward. At that time even some of the top intelligence officers of the secretive ISI outside the relevant cell did not know that Osama bin Laden had died and his body was kept frozen at Tarbela. Young Raymond Davis had unearthed the biggest secret of the century, somehow. But now the Pandora’s Box had been opened. Pak top brass knew it had only a few days or weeks at best to capitalize Raymond Davis’ arrest before US get the intel.

In the next six weeks Pakistan plugs all leaks related to Osama’s death and makes sure that maximum gains are made for Raymond’s release. However, when Raymod Davis is released on March 16, his debriefing results in a tsunami of US policy, personal agendas and fuelling of political rivalries. Everyone in the US chain of command now wanted to use the information to further personal goals from General Petreaus to President Obama.

On March 17, knowing that Pakistan had lost its trunk card General Pervaiz Kayani releases a press statement in which he critically criticize drone attacks, first from him. From then on Pak Military raised its stance against drone attacks, fearing that US now might target its nuclear assets. While in USA politics was at its full swing. General Petreaus wanted to get the buckle for Osama bin Laden’s death on his belt for his future political ambitions, while President Obama wanted the credit to help is sliding popularity.

While the tussle continued, the other issue still pending was how to confirm Osama’s death. In the next one month, nearly every week a top US official visited Pakistan, everyone meeting with General Kayani trying to convince him to hand over Osama’s body. While the stance from Pakistan remained, “Osama, Who?” It was a first in the history that so many US top officials had visited and met with a military chief of a foreign country in such a short time. Seeing nothing getting through the top military brass of Pakistan, US started a political and media campaign on the sides to put extra pressure on Pak Military.

Politics within Obama Administration was also at its full swing. Petraeus was pulling all the strings to take the credit, while trying to lay out a plan to get Osama bin Laden’s body out of Pakistan. President Obama on the other hand in one smooth move decided to “promote” Petraeus to the head of the CIA. The news got out in the first week of April that Petraeus was being transferred to the CIA. While at the main front, Obama continued to pressurize General Kayani and General Pasha and one April 5, Obama Administration submitted a report to the Congress that Pakistan government had no clear strategy to triumph over militants. Alongside the report the media campaign against Pak Military and the ISI continued.

The second week of April began with a bang for top Pak Military brass. On April 7, Bruce Riedel, former CIA officer and White House advisor wrote a report arguing that Pakistan’s nuclear weapons are not only a deterrent to India but also to USA. The obvious had now become clear that Obama Administration has indirectly sent a clear threat to Pakistan’s nuclear assets. The timing of the report was perfect with Centcom Chief Gen James Mattis meeting with General Kayani next day. In the meeting General Mattis asked about Pakistan’s cooperation in capturing Osama bin Laden. This was ironically one of typical Hollywood thriller scene. Pakistan knew that US knew that Pakistan knows that US knows that Osama is dead. But Pakistan continued the naive game of “Osama Who?” while US continued to play the game that “Osama must be captured”. General Mattis leaves with veiled threats and stresses that Pakistan must do more to against the Al Qaeda and Taliban, or indirectly saying that Osama bin Laden must be handed over.

For the ten days US waits and sees how Pakistan responds to the threats, but Pakistan acts by burying its head in the sand – see no evil, hear no evil. Obama Administration ups the ante and on April 18 on Pakistan’s Geo TV, Adm. Michael Mullen said Pakistan’s Inter-Services Intelligence “has a longstanding relationship with the Haqqani Network. That doesn’t mean everybody in the ISI, but it’s there.” Again, international media had its field day against Pakistan’s ISI and its links with Taliban and the ISI. After putting pressure on General Kayani, Adm. Mike Mullen meets with Chairman of the Joint Chiefs of Staff Committee General Khalid Shameem Wynne and General Kayani on April 20. Admiral Mullen again demands indirectly that Pakistan needs to help USA in locating Osama bin Laden. Pakistan’s response was again, “Osama, Who?” Admiral Mullen however, left with another threat that if they came to know about Osama bin Laden’s location they would go ahead and take unilateral action. This is the same message which President Obama repeated in his announcement of Osama bin Laden’s death, when he said, “We will take actions in Pakistan, if we knew where he was.”

In response to continued threats from USA Pakistan starts taking back its air bases from US in an attempt to avoid launching of any operation from its own soil. As a result on April 22 the news appears that Pakistan had taken back Shamsi Airbase back from CIA, US forces. While Obama Administration was pilling pressure on Pakistan, General Petraeus visited Pakistan on April 26 and met with General Kayani openly asking him to hand over Osama bin Laden, otherwise get ready to face the consequences. Same day Washington also critically attacked Pakistan Army’s counter-terrorism efforts. General Petraeus left with a clear message that unless Pakistan hands over Osama, US forces would be forces to take action over Pakistani soil. Pakistani Military knowing that US knew that Osama bin Laden was dead couldn’t understand Obama Administration’s continued stance on capturing Osama bin Laden. General Petraeus left with the ultimatum that either Pakistan handed over Osama or US would get him.

Same day meeting of the Joint Chiefs of Staff Committee (JCSC) is held at Rawalpindi, one week ahead of schedule at the Joint Staff Headquarters. The top brass discusses the Osama issue and decision is reached to work out the Obama’s strategy leading to continuous threats for capturing Osama bin Laden alive, even after knowing that he was dead. While in Pakistan intelligence community starts using all of its sources to reach to the bottom of US’ demand of capturing Osama bin Laden. On April 28 President Obama signs General Petraeus’ transfer to CIA and next day signs the orders to attack the Abbottabad compounds. Thus Osama bin Laden’s credit is assured to President Obama.
On 29 April after President Obama signed the orders to “bring back” Osama bin Laden, Pakistani security agencies get a report that another order had been signed which had authorized US forces to neutralize Pakistan’s nuclear assets, if needed. The report was nothing short of seeing a death angel for the top Pak Military brass.

Seeing the imminent threat, General Kayani tried his last shot when on 30 April 2011 he clearly stated in his Youm-e-Shuhada address: “Pakistan is a peace-loving country and wants friendly relations with other countries and our every step should move towards prosperity of the people. But we will not compromise our dignity and honour for it”. However, it didn’t stop what was about to come 24 hours later.

As night fell on Sunday, 1 May four choppers from a US Afghan base at a low altitude towards its destination in Abbottabad, to the same compound where Osama’s children were in the hiding. Without any detection courtesy of their latest stealth technology and Pakistan’s outdated technology the choppers continued over the Pakistani territory. Ironically, ten years ago a Pak Air force air commodore had raised concern about the outdated radar technology citing that US or worse India could fly helicopters into the country and take out nuclear installations and in reply he was shown the boot while no upgrades to the systems were made.

Anyway, the four choppers made it to the compound in Abbottabad. It is then that Pak Army was notified that they have a choice. Either face an entire barrage of US choppers attacking Pak nuclear assets or hand over Osama’s body. In the meanwhile the small gun battle at the Abbottabad compound continued and to give the drama some authenticity the US forces torched one of their own choppers. Pressed for time a Pakistani helicopter flew from Tarbela carrying dead body of Osama bin Laden which was stored in a cold storage there. While at Abbottabad Pak Army soldiers encircle the entire area around the compound within five minutes of the start of fire fight. The fire fight continued for 35 more minutes, waiting for the Pakistani helicopter. Once the Pakistani helicopter reached the compound the three US choppers and the Pakistani helicopter flew towards the Afghan border, this time without the need to fly below the radar detection altitude.

Next day, the world woke up to the news that Osama bin Laden was dead and President Obama had delivered wheat President Bush and Dick Cheney couldn’t. But the Pak Military brass did not wake up, because they never slept the night before. Last night they had woken to the realization that US could fly under the radar and take out Pakistan’s nuclear assets. The problem here is that US has the complete inventory of Pakistan’s nuclear assets along with exact locations. It would be a matter of minutes in a country wide operation to dismantle Pakistan’s nuclear assets.

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Professor Gautam Sen
Member Board of Trustees
Indian Institute of Education,

Note by Robby Sharma:-

The above story although looks fictional but reading about the “Raymond Allen Davis Incident” details given on wikipedia.org, one wonders if the story may be true.