RGTIL Victims : Whither Justice ?

pge
(The text of a full page advertisement : P G and E Corporation, Page A6,Bay Area News GroupIII ,Sunday,August31,2014:San Jose Mercury News,USA:Sunday)
(The same is posted by the company on Facebook,Twitter,Google and other internet media)

Hello World,

Narendra Modi is probably the last Indian politician winning parliamentary polls with a clear single party majority in Lok Sabha.Rajiv Gandhi had this opportunity which was wasted as far as reformation of the system was/is concerned. Dr.Man Mohan Singh in the footsteps of Tat Shri PV Narsimha Rao and Raja Chelliah tried very hard to infuse changes but he had his limitations of coalition power politics. One step for which I thank him was to appoint Dr.Raghuram Rajan as the Governor of the Reserve Bank of India. Dr.Rajan is a frank, outspoken, fearless and a hardcore realist with a very erect spine, intact mind and individuality of honest observation and discretion. He diagnosed aptly. He observed that lands, right political connections and natural resources are/were the main factors to play pivotal role in deciding India’s fate.

Everyone is interested in acquiring lands, agricultural and non-agricultural .If it can be obtained free of any investment it is much desired. The easiest route was to make the State the prime land grabber! The Land Acquisition Act was a ready tool. The State acquired the lands and disposed of under various pretext. Right political connection was the key to it. Next came the utilization of natural resources through allocation. Answer to this was also in the hands of The State run by politicians. The compensation set up was inbuilt in the Land Acquisition Act.The P and M.P.Act and other acts were enacted to fulfill the requirement of the day.The Competent Authority was ascribed the responsibility of acquisition and deciding the compensation. There was no provision for redressal of third party damages.
The compensation was decided by taking the mean of values as shown in sale/purchase deeds duly registered for a prescribed duration. That is/was Prevalent Market Value. The generation of BLack Money started at this stage. As it was /is the practice from the days when the Acts were enacted say precisely year of 1894,the deeds never reflected the actual/real amount paid/received. It was hardly 30%. This practice was adopted to save stamp duty, court fees, registration fees and subsequent taxes under Income Tax Act. The PREVALENT MARKET VALUE for actual transaction/practice is different from that adopted for legal purposes. The gap between the two is nothing but BLACK MONEY, unaccounted money, under table money. The proportion of Black Money has now crossed its all time high.

The lands acquired were compensated by adopting Legal Prevalent Market Value and the amount arising from difference between the Actual/real PMV and legal PMV went to administrators, officers, ministers, chief ministers,prime minsters, judges and Gods ! Everyone from the President of India to Peon of a Panchayat via Chief Minister and Prime Minister knows it. Everybody loves it. I love it very much. So no one wants to part with it for ever.

The procedure adopted by RGTIL @ RIL for land acquisition under the P and M.P.Act was unilateral, arbitrary, ad hoc and unjustified. The company decided the route for underground pipeline to be laid and without considering the practical difficulties of the respective property owners undertook the acquisition per physical force in some cases by employing JCB machines to demolish built structures and to uproot trees in many cases fruit bearing also. It goes without saying that the local administration and police remained mute under the direction of state government of the respective state. All these objectionable procedures were undertaken just to facilitate the completion of the laying of under ground pipe lines within the specific time frame.

Mukesh Nita Ambani wanted to utilize the facility at the earliest. He with the connivance of the then chief minister of AP N. Chandrababu Naidu acquired in dubious manner the KG Basin Block lands. Dept of Hydrocarbons ,Ministry of Petroleum and Natural Gas cleared exploration by RIL in record time keeping PSU ONGC waiting in the wings for such permission. Now NaMo @PMOIndia asks why the PSUs are sick ! The black money N .Chandrababu Naidu received from MN Ambani partly went to Ramoji Rao ,owner of TV 18 and NW 18. Mukesh Nita Ambani ultimately acquired TV 18 and NW 18 in a very strange manner okayed by the Competition Commission of India. The chapters never end because there is no end to Mukesh Nita Ambani’s private piggy companies.

On paper RGTIL @RIL completed all procedures. In Navsari District of Gujarat Mukesh Nita Ambani’s officers indulged in forgery and fabrication of false documents. It was brought to notice but nothing happened to the culprits. The awards by the respective CAs are themselves the testaments of injustice and denial of level playing field to property owners. The responsibility and accountability of RGTIL @RIL enjoying land user rights ,are missing. Duties of property owners (under whose lands the pipeline is laid) are fixed the violation of which may lead to criminal offence requiring punitive action and imprisonment. There is no provision for compensation to third parties aggrieved by RGTIL @RIL’s procedures. Majority of claims were rejected, the damages done to third parties, government properties like canals, nalas, roads and gram panchayat’s properties were NOT compensated. Revenue courts refrained from giving reason orders against RGTIL @RIL and ratified nutation entries disregarding land owners’ objections. The awards of CAs are in local language .So at the time of litigation at the level of High Courts and SCI the aggrieved victim has to submit English translation of all papers. RGTIL @ RIL was always reluctant to provide English Text of the award. At the level of High Courts and Supreme Court, the English version is perused. The greatest secret is here. The legal meaning of Gujarati Text is different from that of English Text ! There the company scores over the opponent.

The appeal authority is the respective District Judge. Aggrieved Victim of RGTIL @ RIL has to file a case. For that he has to pay court fees, advocate’s fees. Who will file a case for a sum of fifty thousand rupees or less ? The minimum initial expense would be somewhere thirty thousand rupees. The way Indian Courts function, it would take minimum twelve years! The aggrieved third party has no remedy at the district court level, so the case has to be registered at high court where the initial expenses at the present rate would be rupees one lakh only !There also twelve years’ period is the minimum waiting for final resolution.

Now the aforesaid advertisement has to be examined vis a vis RGTIL @RIL @ Mukesh Nita Ambani.
One has to judge the behavior of the Chairman, CEO and Managing Director in both the cases. Mukesh Nita Ambani is NOT accountable and responsible. He started works for pipelines under different piggy companies ostensibly a RIL subsidiary. In South Gujarat it was RGTIL. When the project was commissioned and the company started earning huge profits, Mukesh Nita Ambani offloaded it from RIL bandwagon and made it sole individual ownership company. RIL’s share holders were not taken into confidence and were not given a single rupee for RIL’s investment in the project. The unscrupulous behavior of Mukesh Nita Ambani continued without any impediment. How? That is where the existence or absence of our governments at every level is manifest.

What we see in case of PG and E Corporation, USA is wonderful and beyond any Indian’s imagination. Tata, Infosys, Wipro and Mahindra are fair but they have not reached this level of accountability and responsibility. Chairman, CEO of the company accepting his own and company’s liabilities is something strange by Indian standards.

Mukesh Nita Ambani deserves ceremonial public dumping by all standards. He is not fit to be Indian Nathan or Medicci. Though he resides at Antilia whose every floor/room is believed to be in the name of his this or that piggy company,he is by all means Amichand or Jayachand of contemporary India.

My comments as published on my Timeline on Facebook, Twitter and Google+ are as following :

I quote,

“Compare and Contrast this (text) with criminal attitude of RGTIL, a private piggy company of Mukesh Nita Ambani @RIL. Government of India under UPA 1 and 2 and NaMo @ PMOIndia in connivance with RGTIL/RIL officers have resorted to all means in circumventing compensation claims under this and that pretext. NaMo @CMO Gujarat and Saurabh Patel, cabinet minister,Gujarat functioned as MN Ambani’s agents cum care takers. RGTIL @ MN Ambani @RIL procured services of counsels (sic) having close affinity with the powers that be to thwart all attempts by RGTIL Affected Agriculturists and non agriculturists of AP,TN,Karnataka, Maharashtra and Gujarat. The number and amounts of rejected claims by various Competent Authorities in different states run into (several) thousands. The officers and lawyers of RGTIL @MN Ambani @RIL hijacked quasijudicial and legal machinery in such a way that it can be said of RGTIL @MN Ambani @RIL to have achieved illegal targets by absolutely legal ways. The State is a collaborator in aborting justice”.

I unquote.
I submit the following application to:

1.
The Chief Justice of India
The Supreme Court of India,
New Delhi.
2.
The Prime Minister of India,
Government of India,
New Delhi.

It is submitted
(1) That I ,the applicant happen to be a stake holder in RIL,
(2) That the applicant happens to be one of several thousand victims of MN Ambani, RGTIL and RIL yet to be compensated,
(3) That I happen to be a domicile and a voter citizen of Amri,Taluka-District Navsari, Gujarat having alternative residence at 03, Mahadevnagar Society, Near Majura Gate, Ring Road, Sagrampura, Surat 395002, India,
(4) That my e mail id is desaibankim@yahoo.com ,Facebook id is Bankimchandra Desai and Twitter id is vasanji Bankimchandra Desai,
(5) That I will not available in India till December 15,2014.

It is submitted further

a.That Mukesh D. Ambani referred to as Mukesh Nita Ambani hereabove ,the sole proprietor of RGTIL to my best knowledge , be remanded to compensate all property owners including agriculturists, non agriculturists, government in respective states, district and gram panchayats who happen to be His victims,
b.That Awards of all respective CAs in all respective states be remanded for judicial review,
c.That the minutes of department of hydrocarbons, Government of India, the ministry of Petroleum and Natural Gas be remanded for judicial review,
d.(i)That the minutes of ministries held by Saurabh Patel , Government of Gujarat during his tenures as a minster be remanded for judicial review for any favours,due or undue ,granted to MN Ambani, RGTIL and RIL,( Saurabh Patel happens to be MN Ambani’s brother in law),
d.(ii)That the CEO Gujarat be directed to speed up similar inquiry against Saurabh Patel wherein the applicant has joined as a third party in the case of Saurabh Patel vs. Arvind Kejriwal,
e.That the roles played by N. Chandrababu Naidu and Narendra Modi in their capacity of being the chief minister of AP and Gujarat respectively in giving favours,due and undue,to MN Ambani,RGTIL,RIL be examined to exhonerate them from stigma of a very high level of corruption.
f.That the text of this Blog and other blogs be considered as the materials in proof,
g.That the applicant prefers to file online internet application to initiate public debate at national and international level,
h. That the applicant be permitted to submit signed copy of this application and other relevant papers after December15,2014 as a party in person.
I. That the applicant be permitted to organize RGTIL Victims’ Yatra on the route of the RGTIL Pipeline in different states after 1001 days of swearing in of the present union cabinet under Narendra Modi,
j. That the applicant be permitted to initiate on line registration of eight volunteers from each village, four of them to proceed to Antilia ,MN Ambani’s residence and the other four to proceed to 7 Race Course Road, New Delhi,
k. That the District Court at Navsari, Gujarat and the CA ,RGTIL at Surat be directed to include Mukesh Nita Ambani as the principal opponent in his capacity of owner/chairman/managing director of RGTIL @ RIL in the present cases under perusal,
l.That the applicant be allowed to file, amend, add any other prayer in future.
Yours truly,
Dr.Bankimchandra M.Desai.

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One Response to “RGTIL Victims : Whither Justice ?”

  1. Attention Everybody | Desaibankim's Blog Says:

    […] https://desaibankim.wordpress.com/2014/09/03/rgtil-victims-whither-justice/ […]

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