SC ultimatum on social media law

The Supreme Court has set a one-week deadline on the Centre to make its stand clear on two draconian clauses that were pushed through by the UPA without debate and repeatedly invoked to harass Internet users.

The controversial provisions are Sections 66A and 74 of the Information Technology Act and have been largely used to crack down on those who posted allegedly “objectionable material” on social networking sites.

Under Section 66A, individuals posting “objectionable” material can be jailed for up to three years. Under Section 74, intermediaries such as the networking site hosting such material can be slapped with a jail term of up to two years.

Citing the potential for misuse, civil society has been demanding the repeal of the two sections. Ambikesh Mahapatra, a Jadavapur University professor, was arrested under Section 66A for circulating by email a joke lampooning chief minister Mamata Banerjee.

Even after the change of guard at the Centre, the new government has not yet taken a clear-cut stand on the two widely derided clauses.

Today, the Supreme Court warned that it would stay the provisions unless the Centre explained within a week why they had been incorporated in the law.

The apex court rejected the repeated pleas of additional solicitor-general Maninder Singh that the government be given at least two weeks to file an affidavit.

“Either you file the affidavit within a week or we will stay the operation of the provisions until we dispose of the matter. Heavens are not going to fall if the provisions are stayed because this country had been existing for the past 60 years without those provisions.

“We leave the choice to you. Either file an affidavit within a week or we will stay the operation of the provisions, the choice is yours,” a bench of Justices J. Chelameshwar and S.A. Bobde told Singh.

The provisions were first challenged in the top court in late 2012 by a Delhi student, Shreya Singhal, after two teenaged girls in Mumbai were arrested for posting what the Shiv Sena considered objectionable remarks on Facebook against the late Shiv Sena chief, Bal Thackeray.

Subsequently, there was a flurry of petitions from NGOs and civil liberties organisations seeking quashing of the provisions on grounds that they violated the fundamental right to speech and expression.

Agreeing with the petitioner’s counsel Manali Singhal, the apex court said the matter could not be treated lightly as the PIL was filed in April 2012. Over two years have passed but the Centre had not come out with any categorical stand.

Last year, the government had merely informed the apex court that on Section 66A, it had issued a general circular to all states and Union territories saying prior permission of IG-rank officers in cities and SP-level officers in districts would have to be taken before any person was arrested under the provision. There has been no follow-up action on Section 74.

The case in the Indian Supreme Court coincides with one in the US Supreme Court, which is addressing how far the law should protect — not punish — people who use social media to send violent and menacing threats. ( )

In India, Section 66A did not draw much attention when it was passed in Parliament but its power to harass became apparent when several state governments started invoking it to stifle dissent.

Section 66A affects individuals directly as it covers messages sent by “means of a computer resource or a communication device”.

Its reach is sweeping: any information that the sender knows to be false but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill will.

“Annoyance and inconvenience” are subjective and can be misinterpreted to launch witch-hunts.

In 2012, a former Chief Justice of India had told this newspaper that Section 66A was unsafe in the hands of authorities and it had been used only “where the powerful have been offended”.

Source - The Telegraph - SC ultimatum on social media law R. BALAJI

IPL, Natural Disasters And Morality - Ranjeev Dubey

A well written Article - IPL, Natural Disasters And Morality:

"When social elites endorse immoral conduct, society cannot have moral underpinnings. 

When social elites don't act on their professed ethical constructs, pointing fingers at politicians and celebrities at best comes off as part of weekend time pass.

If we want a society that genuinely strives to a better and higher moral standard, we will have to put the interest of the group taken as a whole above our dharma, as a warrior, a corporate executive or even as a father. 

That is a huge cultural shift and till we can all get there, all the indignation and the hysterics is just purgation."

'via Blog this'

The Land Acquisition Law Confusion

 

After a long drawn debate, and discussion last year, dcoumented at -http://www.prsindia.org/pages/land-acquisition-debate-139/ the Confusion of the Land Acquisition Law/s Continues...

Nov 20, 2014

Law minister Sadananda Gowda on Wednesday ruled out taking the ordinance route for any amendments in the Land Acquisition Act <<http://en.wikipedia.org/wiki/Land_Acquisition_Act_1894>> though he said the government was in favour of bringing some changes.  "There is a proposal. The call has to be taken by the concerned (rural development) ministry," he said, without elaborating on the proposed changes.

Finance minister Arun Jaitley had last week said the government will amend the "tough" land acquisition law even without opposition support as it looks to restore confidence in the economy. The government is in favour of consulting other parties and developing a consensus on the proposed changes. Some states have already expressed concern and cited difficulties in acquiring land for infrastructure projects with stringent clause such as obtaining consent of at least 70% of affected landowners in case of PPP projects and 80% in case of private projects.
Source - Times of India

Nov 9, 2014

The Land Acquisition Bill, which was passed during the previous UPA regime with then opposition BJP supporting it, seeks to set a fair compensation for farm land being taken over for industrial projects. But the law has made land acquisition very difficult, slowing projects. States too have come out openly against the law saying it had hurt the process of acquiring land for infrastructure projects. Jaitley said that the "obstacles" to the land laws would have to be first removed in order to implement the concept of smart cities in India.

In Budget 2014-15, Jaitley had proposed an allocation of Rs 7,060 crore for developing 100 'smart cities' in the country. The Rural Development Ministry has already suggested a number of amendments to the Land Acquisition Act that will water down provisions such as mandatory consent of at least 70% locals for acquiring land for PPP projects, and 80 per cent for private projects. Jaitley also said that the government's disinvestment programme will "unfold" in the next couple of days.

Source - DNA India

July 15, 2014.

The government is keen on bringing changes in the new Land Acquisition Act to make it more industry friendly.  The government may also convene an all-party meet to evolve a consensus so that a Bill to amend the one-year-old law could be introduced in the ongoing session of Parliament.
Rural Development Minister Nitin Gadkari has already started informal consultations with the allies as well as some of the opposition parties.
The Ministry of Rural Development (MoRD) has sent a note to the Prime Minister’s Office (PMO), suggesting dilution in some of the key provisions of the Act, as proposed by the revenue ministers of the state governments during their recent meeting with Gadkari.
The provisions that the MoRD is keen to dilute include the one that made it mandatory to obtain prior consent of at least 70 per cent of land owners in case of acquisitions for public-private-partnership (PPP) projects and 80 per cent in case of private projects.

In its note to the PMO, the MoRD suggested that the requirement of consent of land owners should be done away with for the PPP projects, where the governments hold ownership of the land. If the rider cannot be struck off, the clause should be revised to make sure that land could be acquired even if 50 per cent of the owners had given consent, the MoRD argued in its note.  The Congress-led UPA government got the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Bill passed by both the Rajya Sabha and Lok Sabha during the monsoon session of Parliament last year. It replaced the archaic Land Acquisition Act of 1894. The new law was projected as a pro-farmer legislation and triggered concerns in the industry about the delays it would cause to acquire land for any project. Though the BJP helped pass the bill in Parliament, the party hinted during its campaign for the Lok Sabha polls earlier this year that it would give the law a re-look if elected to power.

Source - Deccan Herald

Time will only tell...

Road Under Construction Causes Accident - Engineers Booked - TOI Bangalore

For probably the first time, ever, two BDA engineers and a project-in-charge manager were on Friday arrested by the Bangalore traffic police in connection with a ghastly road accident. The accident on September 3, due to an unpainted divider, killed two persons and injured one near Outer Ring Road in Devarabeesanahalli, exactly opposite Accenture and Ecospace tech park.

The arrests are said to be the direct outcome of a meeting chaired by Additional Commissioner of Police (Traffic) B Dayananada a few days ago instructing all traffic police officials pin the blame on and arrest BDA and BBMP engineers in-charge of badly-maintained roads in case of fatal accidents.

(Above) Mangled remains of the vehicle which rammed into the median, killing two and injuring one. (Below) The clumsily-placed hazard board at the median in front of theDevarabeesanahalli flyover following the accident. 

Confirming the arrests, deputy commissioner of police (Traffic East) Babu Rajendra Prasad told Bangalore Mirror, "We have arrested AEE K Sripad Raju and AE Pradeep from the BDA, along with project manager Vittobha from Simplex Infrastructure Private, to which the work of maintaining the roads and completing the project had been outsourced.''

The trio has been booked under sections 279 (negligent act on a public way), 304 (A) (causing death by negligence), and 337 (causing hurt by an act endangering life or personal safety of others). Dayananda told Bangalore Mirror: "I have instructed the traffic police to book cases against the concerned civic officials wherever their fault is found. In this particular case, the engineers and project manager were arrested for failing to paint the central median with reflective paint and install sign boards cautioning drivers on the road about the barrier."

Sources said that after the accident, a small reflector board held up by stones has been placed at the site. However, even this is said to be not very visible. Sripad Raju told Mirror, "Road safety is a different job and it has to be implemented by B-Trac. Painting and putting up sign boards is work that is supposed to be taken up by the traffic police. The accident occurred because of rash driving and not because of incomplete work. Putting the blame on us and holding us responsible is not done in this case." However, Prasad said: "If the work is incomplete, why do they deem the road safe enough for motorists to ply? They should close off all roads until the roads are completely ready for travel. We also held a meeting with BBMP and NHAI officials the day before yesterday where we apprised them about all problem junctions in the city that needed to be addressed in terms of lighting and road repairs."

Source - http://www.bangaloremirror.com/bangalore/cover-story/A-first-for-city-2-Engineers-held-for-road-mishap/articleshow/42380011.cms 

Right to Repair - The Concept

The Cars these days have to be taken to the specific Brand Service centre, and you are literally at their mery of their Monopolistic Trade Practices.
These are the Scenarios in a Monopolistic Car Market:

• "We owned a Honda CRV which we had to take to the dealer to find out what was wrong. The dealer charged us $100 to look at it and tell us we needed a new $3,400.00 transmission. They said it would be dangerous to drive it away. We took it to a transmission guy who fixed it for $80.00!!!! [...]" 
• "Consumers need to have a good look at this and understand how convenient it could be to have a qualified local repair facility perform work on their vehicles. For instance in most cases when entering a dealership for repairs a service writer will take your information and then PUFF your car is gone into space. [...]"
• "i own a 2000 volvo that ran fine but the service ligt was on and i needed a master key for the trunk , when i took it to the dealer i got a key for 90.00 and they told me the service light was on because of the electronic module for the shifter and [...]" "First let me say I have never been moved to action on a bill until today. As an owner of a (2008 A6 Audi) I scheduled service for 3 basic items and one intermittent issue with AM/FM radio reception that I asked to be looked at. The items, you ask? Oil change, battery in my [...]"
• "I would like to ask you to support the “Right to Repair” legislation….I love my local mechanic, and trust him to do what is right for my car. As Massachusetts “patriots”, we deplore the attempt to remove another RIGHT, another FREEDOM!! Please stand with us!!!"
• "My wifes car (1998 Subaru Forester) had a failed water pump, and ABS light on . I called the Subaru dealer and was told the Timing belt had to be changed as well as H2o pump as the pump is behind the belt: Water pump= $500.00 Timing belt $700 to $800 depending if they had [...]"
• "Took my Subaru in for a check-up. It had a flat tire and the dealership tried to charge me double the tire cost!"
• "Our 2001 VW Eurovan has had a running problem for some time. We got a free diagnoses from a VW dealer in the mail and decided to take advantage. The result was a number of faults indicating major engine internal repair and timing chain replacements as “only the beginning of problems” that would result in [...]"

Here comes the Need to assert our "Right to Repair"

Right to Repair, is a name for several related proposed bills in the United States Congress and several state legislatures which would require automobile manufacturers to provide the same information to independent repair shops as they do for dealer shops. Versions of the bill have generally been supported by independent repair and after-market associations and generally opposed by auto manufacturers and dealerships. Since first introduced at the federal level in 2001, no version of the legislation has become law, until the Massachusetts legislature passed H. 4362, a Right to Repair bill on July 31, 2012.

Subsequent to bill passage the Automotive Aftermarket Industry Association, Coalition for Auto Repair Equality, Alliance of Automobile Manufacturers and the Association for Global Automakers signed a Memorandum of Understanding that is based on the Massachusetts law and which would commit the vehicle manufacturers to meet the requirements of the Massachusetts law in all fifty states.

Global Right to Repair

The European Union has passed Right to Repair and an aggressive effort is currently underway in Canada. Right to repair is clearly a global issue whose time has come.

What Right to Repair Does:
 
Reaffirms the owners’ right to repair their automobile and keep their families safe.
Promotes consumer safety by allowing owners or their auto technicians’ access to the computers that control the systems and components that affect the safe operation of their automobiles.
Permits owners to choose the repair shop and the replacement parts to service and maintain their vehicles.
Authorizes the Federal Trade Commission (FTC) to promulgate regulations to protect consumers and to promote competition in auto maintenance and repair. 

What It Does Not Do
 
It does not take a manufacturer’s intellectual property.
It does not affect the dealer’s warranty agreement with the vehicle manufacturers.
It does not require manufacturers to disclose manufacturing processes or trade secrets. About The Right to Repair Act

The Right to Repair Act is bipartisan legislation that would require automakers to provide the same service information and tools to independent auto and maintenance shops, as well as to consumers, that the automaker dealership service centers receive.
 
Right to Repair legislation does not attempt to restrict motorists from choosing car dealerships, it simply ensures that vehicle owners have a choice when deciding where to take their vehicles for repairs and what parts are best to use in maintaining their vehicles. The Automotive Aftermarket Industry Association and the Coalition for Auto Repair Equality urge Congress to support the Right to Repair Act to give consumers a choice and keep repair costs down. It's the right thing to do for consumers, for business and the economy.

Now that India too is crowded with foreign Brands of specialized Cars, its high time, We, The People, demand our Right to Repair.

Car Insurance Fraud Alert

Earlier this month, the IRDA issued a caution note to the public warning against such calls, especially those that pretend to be from the authority. “IRDA does not involve itself, directly or through any representative, in sales of any kind of insurance or financial products and does not announce any bonus for policyholders or insurers,” the notice said.

A car company representative in charge of its insurance operations in the city said that the culprits get details of vehicle owners from Regional Transport Offices. They zero in on policies nearing renewal period and call posing as vehicle company representatives. “We advise customers not to divulge details of their policies to such callers. There have even been instances of fake receipts been given,” the representative said.

“Your vehicle insurance is due on XX date. If you apply for XXX insurance instead of the existing one by this weekend, you will get 60 per cent off on your premium. This company has a tie-up with us.”

If you receive calls like this and do not cross-check with your vehicle company, you may fall prey to what even the Insurance Regulatory and Development Authority (IRDA) has claimed is an increasing number of spurious calls making “fictitious and fraudulent offers”. And they do not spare anyone — not even a former Chief Minister.

One such customer recalled how he nearly fell prey to the call. “I had even readied a cheque, but the vehicle company called me in the nick of time. The caller also did not follow up because I chose to stay with the existing policy, not the one they were offering,” he said.

The IRDA has time and again urged the public to remain alert against frauds or scams perpetrated by those who claim to be employees of the authority or other insurance companies and lodge a police complaint if they come across such calls. 

Karnataka state Joint Commissioner of Police (Crime) Hemanth Nimbalkar said that the police had not come across any such complaint so far. 

Source - The Hindu

Criminal Activity using TrueCaller - Police arrest a Habitual Extortionist

A Extortion attempt, using the features of the True Caller App, has been innovatively used by a habitual criminal.
 
This Accused "saved new mobile numbers in the name of HNS Rao and the jurisdictional SP on Truecaller. He also got four of his friends to do the same thing. He would then source contact details of officials raided by the Lokayukta and call them using the number. With Truecaller flashing the names and details of the ADGP and SP, gullible officials would succumb and pay up. Lokayukta officials have received 27 complaints against Kambar over the last three years. "

Claiming to be Lokayukta police chief, he extorted money from those raided by the anti-corruption watchdog
A few days after he was raided by the Lokayukta police on June 11, Ashok R Bhat, assistant conservator of forests, received a call from a man who introduced himself as HNS Rao, ADGP and chief of the Lokayukta police wing. The caller merely told Bhat that the local SP of the Lokayukta police would call him shortly and disconnected the call.

Shortly later, Bhat received another call from a man claiming to be DS Siddegowda, SP, Karwar. The caller told Bhat that he was in touch with Rao and promised to brush his case under the carpet. Bhat had no reason to suspect the true identity of the caller since he had installed the Truecaller app on his phone and in both instances the names of the caller — HNS Rao and Siddegowda — flashed on the screen.

A few days later the man claiming to be the SP called again asking Bhat to deposit Rs 50,000 into a bank account. Bhat obliged and some days later Bhat again received a call from 'Siddegowda' asking him to hand over Rs 2 lakh to settle the case. However, before Bhat could pay up, he learnt that he was being taken for a ride by a clever former police constable who cleverly used Truecaller, the online 'verified' telephone directory app, to extort money from a number of government servants.

Murugappa Ningapppa Kambar, 48, who was dismissed from service after he was caught trying to extort money, smartly preyed on the gullibility of government servants who were raided by the Lokayukta. Police have found that in the last three years, Kambar had extorted at least Rs 12 lakh. Most of extortion happened right under the nose of police — while he was in Dharwad Central Prisons. Police have found that at least 27 officials had fallen prey to his scheme. Kambar is now facing 17 cases in different parts of the state.

Besides the Rs 50,000, Kambar had tried to extort Rs 2 lakh from Bhat, but officials stumbled on his scheme when Bhatkal MLA, Mankal Vaidya, heard of Bhat's case. Vaidya informed Lokayukta Bangalore DySP, M Narayana, of the calls Bhat had received from the 'ADGP' and 'SP', Lokayukta. A team of officials including city SP, Dr BA Mahesh and Narayana launched a probe into the case. The details they uncovered shocked the team.

They found that Kambar, a habitual offender — he was arrested twice in 2012 for extorting money from government officials in the name of Lokayukta police — saved new mobile numbers in the name of HNS Rao and the jurisdictional SP on Truecaller. He also got four of his friends to do the same thing. He would then source contact details of officials raided by the Lokayukta and call them using the number.

With Truecaller flashing the names and details of the ADGP and SP, gullible officials would succumb and pay up. Lokayukta officials have received 27 complaints against Kambar over the last three years.

"If somebody is caught, s/he usually reforms," a police officer said. "But this man went a step ahead — he used technology to extort money. His Truecaller modus operandi is perhaps the first of its kind. When we learnt of the Bhat incident, a case was immediately booked at Mundugod, Karwar. Our probe led straight to Kambar and he openly confessed details his operation."

Police found that the bank account Kambar had given to his victims was in the name of a fellow jail inmate who hailed from Bihar. That man was jailed in an road accident case.

"The case was reported in Karwar where the accused had used my name," Rao told BM. "I advise public servants not to yield to these pranks. Officials must double check. They can contact me, the DIG, SPs or the Lokayukta office to verify." 

Source - http://www.bangaloremirror.com/bangalore/crime/Conman-used-Truecaller-to-scam-officials/articleshow/44126581.cms

How government agencies fast-tracked Lavasa | Features | Environment

 
Lavasa, the picturesque planned hill station being developed by Hindustan Construction Company (HCC) near Pune, is facing charges of illegal land acquisition and environmental violations and construction has been stayed pending an inquiry. 



This article says that the focus should be not on the misdemeanours of the corporation but on the collusions and oversights of government

The bureaucracy moves at snail’s pace in India. But look at the speed with which the Lavasa project, currently under scrutiny from the Environment Ministry and construction stayed pending scrutiny of irregularities in sanctions granted to the project, was sanctioned. Clearance was granted within months of its application of purpose, indeed even before the application was submitted to the concerned departments and ministries!

Thousands of scheduled caste and scheduled tribe families in this Mulshi-Maval region have languished for decades without caste certificates to support their legal entitlements to the land, or access to basic services. The ignorance of these poor families -- nomadic tribes (Dhangar) and tribal communities (Koli, Katkar, Thakar and Marathas) residing in small community hamlets -- worked in favour of Hindustan Construction Company (HCC) and the state of Maharashtra.

Had it not been for the voices of a few concerned citizens of Pune city, who recognised the long-term implications of such a massive infrastructure project, the socio-environmental consequences of the project would never have come to light.

Brand ‘Lavasa’

Lavasa Corporation was originally registered as Pearly Blue Lake Resort Private Limited Company, in 2000. The project was a business hotel to be developed on the banks of Warasgaon lake in Mose valley, Mulshi block, Pune district. The company changed its name to Lake City Corporation Pvt Ltd on December 12, 2000. Later, in June 2004, it changed it again to Lavasa Corporation Limited (International Securities Identification Number INE172G01016).

The hill station project is being driven by a consortium of companies led by Hindustan Construction Company (HCC), which holds 65% of the stake in Lavasa through its real estate subsidiary HCC Realty. Other investors include the L M Thapar Group and Venkateshwara Hatcheries, besides several minority shareholders with 35% equity.

The project in a nutshell

Lavasa is a sprawling private real estate project, 65 km from the city of Pune in Maharashtra, nestled amidst 18 hills and 975 metres above sea level.

The project was approved under Section 20 (3) of the MRTP on July 15, 2000. Accordingly, the Maharashtra Urban Development Department declared 18 villages in Mulshi and Velhe block -- a total of 25,000 acres of land -- part of the project. Since then, the inhabitants of around 20 villages have faced eviction, land alienation, harassment by project officials, cheating by the land mafia and company agents, denial of community access to freshwater bodies, river, temples and common roads. And the destruction of their natural habitat and forests.

The people of these villages comprise poor marginal farmers who depend heavily on traditional farming techniques, livestock rearing, collection of non-timber forest produce, fishing, daily wage labour, and collection of natural resources. Though they have been living in the area for generations, it was only in 1964 that poor landless and socio-economically backward families were allotted excess ceiling lands under the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961. They made these lands cultivable and survived on them without any support from the government.

In 1974, construction of Warasgaon dam began, and of the scores of families displaced only a few were given compensatory land in Daund taluka (125 km from Pune). Many were left in the affected area to fend for themselves, without adequate compensation or rehabilitation.

Thirty years on, the Lavasa township project has brought back painful memories.

The completion target for the Lavasa project is 2022. It is being planned in four phases. The overall size of the project is said to be almost one-fourth the size of Mumbai city.

Role of the state government

The Maharashtra state government has supported the project wholeheartedly, be it in granting permission for land acquisition by denotifying ceiling lands, transferring lands belonging to the Maharashtra Krishna Valley Development Corporation reserved for public purposes, granting of environmental clearance, no-objection certificates and forest clearance. Above all, obtaining a no-objection from the zilla parishad for changes in local infrastructure, etc.

Facilitating corporate land grab

The Maharashtra government notification dated November 26, 1996 relating to the Maharashtra Regional and Town Planning (MRTP) Act 1966 that proposed the development of hilly areas throughout the state as hill-stations and resorts is at the root of issues related to land acquisition for hill station development. The notification was introduced to circumvent regional plans so as to make it easy for land sharks to claim the valleys. It has been contentious on the grounds that the regulations have been framed for the benefit of moneyed companies and the commercial exploitation of scenic places.

1. Clause 17 of the notification deprives the collector of discretionary powers to be exercised for the benefit of tribals.

2. The notification also impinges on the provisions of the Maharashtra Agricultural Land Acts 1961, The Maharashtra Land Revenue 1968, which relates to the transfer of land from tribals to non-tribals.

3. The other acts contravened are the Maharashtra Land Revenue (disposal of government land) Rules 1971, the Indian Forest Act, 1927 and the Forest Conservation Acts, 1980.

4. The notification also allows disposal of up to 2,000 hectares (20 sq km) of agricultural land against 21 hectares earlier imposed under the provisions of the Maharashtra Agricultural Land Acts, 1961.

Land notified for Lavasa

In 2000, the Maharashtra government declared around 12,500 hectares of land for development of a hill station. Initially, the proposal was for a small lake city project; this later spread to revenue villages in Mulshi and Velhe blocks, including Daswe, Mugaon, Lavharde, Vegre, Bhode, Pathershet, Bombatmal, Palase, Admal, Padalghar, Wadavali, Sakhari, Bhoini, Koloshi, Ugavali, Dhamanhol and Gadale, in Mulshi block, and Mose Budruk, Shiv Budruk and Varasgaon in Velhe block. The land acquisition was carried out by three different departments -- the irrigation department (Maharashtra Krishna Valley Development Corporation [MKVDC]), forest department, and revenue department. It involved the acquisition of 2,500 acres of plantation land in two blocks, for which permission was granted by the forest department. It is worth mentioning here that on November 13, 1999, the Director, Town Planning, Pune, gave a report clearly stating that the land was forest land. The irrigation department allocated 141.15 hectares of land on lease to the company at a royalty of as little as Rs 275,250 per annum.

Though Lavasa claims it has not constructed on forest land, it cannot deny that roads have been built or pass through forest land for which hundreds of trees have been cut. One wonders how the local forest department allowed this without forest clearance from the central Ministry of Environment and Forests (MoEF). The forest officer of Khanapur, Haveli block, gave permission under the Maharashtra State Tree Felling Rules (Amendment) 1964 to cut trees and shrubs in the project area.

The MKVDC land allotted to the Lavasa project was reserved for public purposes. Interestingly, the same land had been claimed a number of times by people affected by the Warasgaon dam project; their claims were denied on grounds that the land was supposed to be used for public purposes. The company acquired the land on the basis of a 99 to 999-year lease.

Private land transactions

Over the past one-and-a-half decade, every land sale and purchase in Pune district has revealed the involvement of the land mafia. There are rumours about Lavasa too. From Daswe, where the company has built its first-phase dream town, to Mugaon village, which is being developed in the second phase, there is talk of forcible acquisition and purchase of land, forged signatures, misuse of power-of-attorney, community land disputes, devasthan land disputes, and joint ownership disputes.

Since 1996-97, when the land deals were initiated, companies like Pearly Blue Lake Resort and Aqua Land Pvt Ltd were also involved in the purchase of land. The company is supposed to have looped in several real estate agents to buy land for as little as Rs 500-Rs 5,000 per acre. Land agents from the villages and from Pune city, made small initial payments to the landholders, with promises of huge sums later. Most of the lands acquired from the Dhangar, Koli and Maratha communities are ceiling and inami (gifted) land distributed by the state government to the landless in the 1970s.

Locals recall that the district revenue officer and agents used to come together and discuss ceiling and inami lands in various villages. This caused a lot of apprehension, with people hurriedly collecting their land records. Some paid close to Rs 10,000 to the local talathi for copies of their land entitlements (7/12).

Agents and brokers are said to have played an important role in the land grab. In many instances, they bought 2 acres of land and registered about 10-17 acres. There are cases where the 2007 land records show ownership in the name of a local family, but records dated around the same time show a change in title name. In Mugaon village alone, 67 tribal families claim they lost 330 acres of land and did not receive any compensation. After being forcibly evicted, they realised that they no longer owned the land because the new land records did not show their names!

According to a letter written by the district collector, Pune, dated 4/7/2001, it is suggested that adivasi land cannot be acquired or transferred without consent from the competent authority. Likewise, forest land that has been affected by development projects like dams cannot be acquired without permission from the competent authority. Type-2 land or government land such as adivasi land, watani land, tenancy land, devasthan land, sites reserved for rehabilitation etc also cannot be acquired without permission from the competent authority. Most of these types of land would have been acquired for the Lavasa project with permission from the district collector, who is the competent authority under the MRTP Act, 1966. Lavasa Corporation has also been given approximately 1,042 acres of government land at a nominal price.

According to local residents, the agent who did most of the land deals, especially tribal lands in the villages of Dhamanhol and Mugaon, promised people jobs in the company and construction of a temple and other facilities in the village if people parted with their lands. In the few cases where villagers filed complaints against Lavasa Corporation, the government conducted an inquiry. Some cases were resolved, but others in Dhaman Ohal, Gadle, Sakhari and Mugaon carry on.

The role of the talathi and tehsildar is extremely important in all these cases of land transfer. Most people whose lands have been transferred to the company’s name have been struggling to access current land records. Filing appeals with the authorities has so far been unsatisfactory.

Ceiling land transfer to the company

According to the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961, Article 27, ceiling land should be distributed among the landless, poor and socially deprived. However, the revenue department (letter dated 5/3/2005), Pune, believes otherwise. The district collector argued in favour of the company, allotting it excess ceiling lands amounting to 373 hectares. In 1976, in the villages of Mauje Gadale, Dhamanohol, Mugaon and Wadiwale, a total of 372 hectares was found in excess of the ceiling but was not taken under possession, under the Land Ceiling Act, Section 21 (4). In 2005, the then district collector suggested that if the land were given to the company instead, the government would benefit.

Moreover, land measuring 609 hectares that had been given to landless farmers for agriculture under the Maharashtra Land Ceiling Act (especially those belonging to katkari tribe families) was taken back and transferred to Lavasa.

Water resource privatisation

According to a letter written by the district collector, Pune, (dated 4/7/2001), the company is barred from claiming any rights over and disturbance to water resources such as streams, ponds, dams, freshwater sources, natural springs, etc. Nor can the company claim rights to civic amenities like traditional riparian rights, public roads, lanes, roadways, etc. However, Lavasa Corporation is allowed to build eight weirs (walls that control the flow of water) in the backwaters of Warasgaon dam for commercial use -- water sports, water villas, tanks, and water parks.

The company’s plans include the building of 10 captive mini dams which will definitely affect local riparian rights. After Lavasa built the Daswe check dam, villagers and their cattle have been denied access to water. Heavy security has been put in place by the company to safeguard its territory. In Mugaon village, the katkari hamlet has been suffering due to lack of fresh water. The company denies them access to the reservoir, the catchment of which will supply water to the project, saying that they should either relocate or face the consequences. The waterbody that is supposed to be a community resource has become the company’s private resource, strengthening its power to harass poor villagers and force them to live without basic resources.

In the few years since the Daswe check dam was constructed, there has been no water downstream during summer, whereas, because of the dam, Lavasa does not suffer. This means that the natural flow and storage of water in the valley has been greatly affected by massive construction and infrastructural changes.

Transfer of Maharashtra Krishna Valley Development Corporation land

In the lease agreement dated August 28, 2002, the Khadakvasla Irrigation Division allotted 141.15 hectares of land belonging to the Maharashtra Krishna Valley Development Corporation, on lease for 30 years from September 2, 2002, to the Lake City Corporation. A PIL against this move is ongoing in the Bombay High Court since November 15, 2006. According to the PIL, there are several irregularities in the way the government has dealt with Lavasa Corporation. According to the rules, excess land under the Maharashtra Krishna Valley Development Corporation can only be used and transferred for a ‘public purpose’, not for private use. The PIL challenges the transfer of MKVDC land to Lavasa Corporation, alleging political favouritism.

It is worth noting that the land that MKVDC transferred to Lake City Corporation belonged to villagers displaced during construction of Warasgaon dam in the 1970s. Since then, the villagers have made several appeals with the irrigation department to hand the remaining unutilised land back to the families. The department paid no heed to the requests; instead, the land was given to the company within three days of signing the MoU.

The company has also got permission from the Khadakvasla Irrigation Division to use water from Warasgaon and Temghar dams. The Khadakvasla reservoir, on the Mose river, was built to meet the water requirements of Pune city. It has a capacity of around 11.5 TMC, almost equalling Pune’s annual needs.

Pune is a fast-growing city, and the problem of water scarcity is a real one. Allowing huge amounts of water to be used by Lavasa Corporation, not only for drinking purposes but for water sports, hotels etc, will worsen the water crisis. No impact assessment has been carried out.

Environmental violations

According to Lavasa’s environment impact assessment (EIA) report, prepared by NEERI, 50% of the area is covered by vegetation, 23.39% by forests. Construction of the huge lake town, and a population of 200,000 during peak time, will undeniably impact the area’s flora and fauna. The report states that 43% of flora in the study area consists of medicinal plants. It does not feature any impact mitigation or preservation plan.

Mulshi and Velha valley, where the project is coming up, experiences some of the heaviest rainfall in the world. The area is lush with tropical vegetation and it is imperative that, considering the fragility of the Western Ghats, it be left undisturbed. Construction activity is drastically altering the natural landscape, opening the valley and entire ghats region up to environment degradation. This will have an impact on rainfall patterns in the long run.

A document by the Maharashtra government, dated April 12, 2004, permits Lavasa a ‘stone-crushing’ unit under the ‘orange’ category of small-scale industries, for which the hills have been cut. Another letter from the revenue collector, dated July 15, 2003, allows the company to quarry for Daswe. These permissions from the governing authorities, with no strict compliance norms and no studies on the impact of these activities on the fragile biodiversity of the hills, will cause enormous damage to the Sahyadri hills. The continuous crushing, quarrying and ferrying of raw materials in the project area has already had an impact on the local environment.

The recent show cause notice issued by the central Ministry of Environment and Forests (MoEF) to the company clearly shows that the company has flouted the environmental laws. The project was supposed to take environment clearance from the MoEF, under the Environment Impact Assessment Notification of 1994. But it never approached the ministry. Rather, the project took environmental clearance from the environment department of the state government which is not competent to do so.

Parts of the project are at an altitude of over 1,000 metres; roads pass through forest areas; about 10 dams are to be constructed; the project is for more than 1,000 persons; and investments cross Rs 50 crore. All these factors call for environmental clearance under the 1994 notification. The company sought environmental clearance in 2004 when the aforesaid notification was binding on any project. Instead, environmental clearance was granted by the environment department of Maharashtra, and within record time of around two months, on 18-3-2004, vide letter No Env/Cle/765/CR.105/TC. In the letter, the environment department does not mention that clearance has been issued under EIA Notification 1994. It can also be construed from this letter that the department did not issue the specific environment clearance prescribed under EIA Notification 1994 but a general clearance letter identical to a routine NOC issued by the department.

On September 4, 2005, the central MoEF wrote to the government of Maharashtra saying that construction at Lavasa was being carried out without the mandatory environmental clearance required under the Environment Impact Assessment Notification of 1994. Notwithstanding these instructions, various authorities in the Government of Maharashtra shut their eyes and took no action on the matter. The company is in violation of the Environment Protection Act, 1986.

Incidentally, environment clearance was issued for development of a 2,000-hectare township hill station. However, the company is developing more than 25,000 hectares -- a clear violation of conditions imposed by the environmental clearance letter.

Lavasa, a fast-track project

During 2002-03, 31 no-objection certificates (NOCs) were granted to Lake City Corporation (later changed to Lavasa Corporation) by various departments such as the MKVDC, Konkan Irrigation Department, Maharashtra Tourism Development Corporation and Maharashtra Pollution Control Board. These were for construction of mini-dams and impounding of water for commercial use, tree felling, quarrying, stone crushing and purchasing land for industrial use.

Some of the MoUs and clearances granted to Lake City/Lavasa Corporation in 2002-03 from various departments of the Maharashtra government are:

• May 30, 2002: NOC (No BO/TB/RO (HQ) Pune-163/444) for development, from the Maharashtra Pollution Control Board

• June 5, 2002: MoU between Lake City Corporation and Maharashtra Tourism Development Corporation

• July 4, 2002: Maharashtra Krishna Valley Development Corporation’s (MKVDC) NOC (No TPD/ADM2/RBR/2543) to construct DTR

• July 16, 2002: MKVDC’s permission (No KID/ADM/4891/2002) to construct dams and store water

• August 9, 2002: Irrigation department, Konkan region, NOC (No 89.01/(18/2002)/U-5/3074) to construct dams and store water

• September 23, 2002: 30-year lease agreement between MKVDC and Lake City Corporation for construction of mini-dams in the submergence area of Warasgaon dam and impounding of water for commercial use

• December 11, 2002: Permission (No DI/Land Permission/255/2002 C-17386) from the industries department to buy land for industrial purposes

• December 13, 2002: NOC from the environment department (No ENV (NOC) 2000/765/CR.105/TC.1) for development

• January 2, 2003: Forest department’s tree-felling permission (No B/M/907/2002-03) for DTR/RFO, Khanapur

• January 10, 2003: Tree-felling permission from the forest department (No 576/2002-03) for DTR/RFO, Paud

• March 12, 2003: Land-use certificate (No DDTP-Pune/Final RP Pune/Zone Cert/822) from the town planning department

• April 10, 2003: MKVDC permission (No PB-4/KID/91/203) to carry out preliminary works

• July 15, 2003: Quarrying permission (No Mining/SR/391/2003) from the revenue collector for Daswe

• December 20, 2003: Irrigation department (Konkan region) agreement to construct dams and store water

• March 18, 2004: Environmental clearance (No ENV/cle/765/CR-105/TC.1) for project

So, who is responsible for the controversy that surrounds Lavasa? The state knowingly ignored all attempts to assess the project before clearing it. It is the responsibility of the state and its agencies to make corporations abide by the rules of the land. In this case, Lavasa flouted several regulations, thanks to state support given in the form of various clearances. Over the past five years, attempts by environmentalists, social activists and villagers to raise the issue at all levels of government have failed. It’s time the state government made its position clear. As Plato rightly said: “The community suffers nothing very terrible if its cobblers are bad and become degenerate and pretentious; but if the guardians of its laws and constitution, who alone have the opportunity to bring it good government and prosperity, become a mere sham, then clearly it is completely ruined.”

To read the stand of the Lavasa developers, read this interaction with Ajit Gulabchand, Chairman and Managing Director, Hindustan Construction Company, at http://www.indianexpress.com/news/the-environment-ministry-does-not-have-measurable-standards.-so-how-do-you-know-what-and-whom-to-deal-with/735248/


References
1 Interim Report of the People’s Commission of Inquiry on Displacement in Sahyadri Region, April 20, 2009
2 Technical Analysis Report of EIA of Lavasa Corporation-Lake Town at Moshe valley, Pune district, 2009
3 Committee on Land Reform, Ministry of Rural Development, GOI, Visit to Maharashtra Report, April 3, 2008
4 Letter written by the district collector, Pune, to the revenue department, Pune, dated 9/1/2005
5 Environment clearance letter No Env Cl/765/CR105/TC.1, environment department, government of Maharashtra, March 18, 2004
6 Forest department’s tree-felling permission (No B/M/907/2002-03) for DTR/RFO, Khanapur, January 2, 2003
7 30-year lease agreement between MKVDC and Lake City Corporation for construction of mini-dams in the submergence area of Warasgaon dam, and impounding of water for commercial use, September 23, 2002
8 Urban development department under notification No TPS-1800/1004/ CR-106/2000/UD-13, dated 1/6/2001
9 Letter written by the district collector, Pune, dated 4/7/2001

(Rifat Mumtaz works on developmental issues with a focus on land rights and the environment. She is with NCAS, Pune)

Source - Infochange News & Features, January 2011 -How government agencies fast-tracked Lavasa | Features | Environment