Land Laws Create Black Money

Hello world,

 

The heirs of three erstwhile royals are busy in deriving inheritance benefits. It seems Gaekwads of Baroda blackmail NaMo @PMOIndia for retaining Chancellorship of The M.S. University of Baroda in the family.. Shubhanginidevi R.Gaekwad seconded NaMo at the time of filing nomination for Lok Sabha election from Baroda. By the way, what are her academic credentials? Her adversary appears to be her nephew , Pratapsinh who is claiming the post for his father, Sangramsinh P. Gaekwad. By the way, what are his academic credentials? I and Narendra Tiwari waged a near paper war to retain chancellorship for the last Maharaja  of Baroda, Shrimant Fatehsinghrao P. Gaekwad. The then government of Gujarat wanted to remove him from the position purely for political reasons and personal prejudices harboured by pigmy politicians of the day. After his demise, his sister, Dr. Mrunalinidevi Puar of Dhar was appointed as chancellor. Gaekwads are no more maharaja and Shubhanginidevi should prefer to be addressed as Mrs. S.R. Gaekwad rather than Maharani and Rajmata. NaMo should stop this nonsense and put an end to undemocratic norm. There the legacy of chancellorship should end. Chancellorship of the university is definitely not her cup of tea. Now that should rightfully go to the Governor of the state.

 

Heirs of Nawab of Belha (Surat) are posing important questions about laws and legality of the process to translate laws into practice. The fate of upcoming commercial projects at Surat’s Bombay market area is now in doldrum. The last uncontested heir of Nawab Mir Masud

Alam Khan (the 1st) was Mir Sultan Alam Khan died in 1989.Mutation in RoR was ‘granted’ in favour of Mir Usman Alam Khan . Now after 26 years Mir Masud Alam Khan ( the 2nd) has returned from abroad, staked his claim and secured a stay from Nayab Collector, City Prant, Surat ! Whatever that transpired during 1989 -2015 hangs in fire with imposing Himalayan doubts on all government officers involved in this chapter.

 

Heirs of Nawab of Sachin and Dumas are bent upon to prove and disprove rights of a Pakistan national primarily being persons of Indian origin! This wrangle is also for lands.

 

It reminds me the battles royal for M.A. Zinnah’s House at Bombay and properties of erstwhile rulers of Ramgarhin U.P. and Bhopal in M.P. Rights of Pakistani nationals in ancestral properties in India  is a common factor in these cases. 

 

The Surat District Collectorate is thriving with Section 73 AA ( of Land Revenue Code of 1879 and subsequent acts amended after 1948 ) cases spanning for twenty to thirty years of actual possession and dispossession of the lands in question. Vasant Gajera , a notable diamond king and self proclaimed and publicized “Anaathoka Naath” is being questioned and his Trust (!) faces a  fine for violations under 73AA. He is clever enough to usurp the land in the name of a trust .Now all trustees have to face the music. He is known to take municipal, panchayat and government officers for granted and go ahead with his construction projects without fulfilling any legal formality. He maintains loyal taluka and district panchayat members , MLAs, ministers and municipal corporators to plead and safeguard his projects and cases thereof. That is enough from him to BJP and Congress. He spends fabulously on his self publicity. Now he is getting negative publicity for absolute free. Press and media persons have forgotten the previous rosy relations with him and done a justified duty to flash news about him very nicely. Anyone who takes media persons for granted should remember the poetic justice done to Vasant Gajera .

 

Govind Dholakia another self projected philanthropist of Surat was happy to receive Surat Police Commissioner within minutes of his call to complain a theft of diamonds worth paltry crores of INR . The same Police Commissioner prefers to reading newspapers about bankruptcy and instances of cheating of diamond merchants by fellow diamond traders and brokers. Cases of textile traders having duped others to the tune of fifty crores are now routine affair in the market. There are many such instances reported on daily basis. He seems to have no interest in such cases. He is said to be supervising hawala racket case! Who is shielded and who is not is the secret kept very close to his chest and NaMo @PMOIndia. Of course it is a fodder case of different type. Here it is not Lalu Prasad and Jagannath Mishra but a thug always dressed in white and white! It would be better if the Police Commissioner check his gifts. I suspect he is gifted artificial diamonds in plenty! It is more than three years he is in the city. He has reached the peak of his career in Surat.He awaits his promotion at national level. It is time for him to pack up from Surat. Indeed, Govind Dholakia is very lucky to have premiere services of top police cop of course for free. But the glitter and real metal of both is revealed in true perspective. This police cop has exceeded in befriending and whatever he has done is more than over socializing.   

 

Two NRIs as well as PIOs residing at the USA are trying to prove and disprove the validity and legality of General Power of Attorney executed and notarized by the Notary Public at the USA. The date of the said GPoA shows that forty years have passed by. The donor is American citizen and donee is enjoying B1/B2 visitor visa status of the USA. They are relatives and have a problem arising from management or mismanagement of lands in India. Where our courts have jurisdiction and where not is a separate question altogether. The validity of GPoA and other legal or deemed to be legal papers executed by an advocate and  notary public of the USA (U.K., Canada, New Zealand etc) using a 100/- INR non judicial stamp sent for the purpose from India as an evidence or admissible exhibit in any court case in India is a lame-duck issue before Indian courts, specially the SCI .

 

In this backdrop we turn to Gujarat’s pitch, very near and dear to our NaMo.  

 

There are hundreds of citations referring to different provisions, often contradicting each other, in a single law referred to in law books as Act. Sect.17 and 49 of Registration Act,1908 annul each other when read together and implemented individually.

 

Section 17 provides for compulsory registration of all agreements (satakhats) and deeds pertaining to immovable properties. Limitation Act, Stamp Duty Act, Transfer of Property Act, Indian Evidence Act, Income Tax Act , Contract Act , Indian Succession Act , Prevention of Money Laundering Act, FEMA, Land Acquisition Act , Environment Act ,Long Term Capital Gain Tax, Notary Act, GPoA Act  and Revenue Manual are few acts interrelated with each other and Registration Act. IPC-Indian Penal Code, Civil and Criminal Procedure Codes when joined and read with the violations of any, many and all of above make a plot for a thriller.

 

When appellants and opponents are commoners, no one is interested in  murky affairs running through police stations and courts for minimum twelve years. When legal noose tightens up after a spell of forty/fifty years, citizens scratch their head with mouth wide open in askance at  right or wrong implementation and deafening silence of authorities in question with a stark absence of law. The years lapse and generations change but the willful fraudulent acts implemented by mutations sanctioned  by Class I and II officers stand challenged in a court of law, lawyers on both sides have their days ahead !

 

Funny and cruel situation arises when (1) General Power of Attorney with its best  subsequent usage/misusage stands cancelled after forty years, (2) Revenue officers revoke their predecessor officers’ decisions after twenty/thirty/forty years,(3) Revenue mutation entries of deeds registered by fraudulent sale deeds, agreements, satakhats, sauda chiththies executed with equally fraudulent General Power of Attorney and duly certified by bona fide class I and II officers stand challenged after a considerable lapse of years. The question arises about the law itself and government apparatus responsible for abetting illegal doings in a suspicious manner.

 

The ultimate impression one gets is about our deftness in making illegal things legal via often illegal and sometimes legal ways and means. One who has a fat money chest has a way to all seemingly impossible things and targets difficult to achieve. One need not be a Mukesh Nita Ambani, it is sufficient if one is a  diamond export king like Dholakia, Gajera ,Savani ,Lavji, Kakadia and Lalji  having a hotline with CM Anandiben Patel of Gujarat and NaMo @PMOIndia or Sheta Brothers accused to be having nothing but  genuine love for lab gems popularly known as  Artificial Diamonds. Sheta Brothers should have come much earlier, say in 1995 or so. Surat and South Gujarat could have been a much better place without land grabbers and politicians who played havoc with the backing of the black money earned from lab gems! It is good that Raghuram Rajan’s RBI has done a very good home work on diamond industry and trade. The only red signal for him is a fact that NaMo @PMOIndia is one of the major beneficiaries of Surat’s diamond trade! All the money that goes to NaMo ,BJP and Congress can not be black. That is ought to be Amul White or say Sumul White !

 

With all the best intentions at heart and honesty, sincerity of purpose, law makers and law officers often find themselves in dunes when a monkey comes out of a den of elephants! Courts are flooded and over-flooded with instances arising from loop holes in laws. Lawyers are there to interpret, reinterpret every word and punctuation mark crafted and drafted while enactment, promulgation and amendment of any law. Yet situations arise as they are today.

 

Citizens who are helpless victims are at receiving end. They perceive the truth based on self experience .The truth is, “Law Makers keep the loop holes inbuilt in a law willfully”. Ironically the important members of the Constituent Assembly were all prominent lawyers. They were the best copiers and imitators of the available constitutions! They were meticulous in their craft to the extent that they removed certain words and replaced them with convenient ones to deprive citizens of basic ownership of the property. Yes, we, the Indians have no perennial fundamental right to possess land. The State is the perennial master navigator of all lands and laws thereof.  All the litigations about land involving The State and citizens are due to this mischief on the part of makers of Indian Constitution. The major ministerial decisions are the result of the game of spinning money keeping whiteness of the politicians’ dress intact and un-spoilt. The cadres – IAS, IPS,IRS,IFS are willful  partners in crafting ,drafting and implementation of the laws resulting into corruption and creation of Black Money, unaccounted money, under table money and ill gotten money.

 

The meaning and purpose of present Section 17 of Registration Act in Gujarat is negated by ominous presence of Section 49 of the same act. Why the officers of Revenue Department and Department of Law and Legal Affairs missed this important point? Who was/were/are interested in keeping this proviso intact? Who was /is having vested interests in keeping status quo?  BJP and Congress have a battery of prominent MLAs and MPs who are senior counsels practicing at Gujarat High Court and Supreme Court of India. There are ministers who are lawyers in Anandiben’s ministry .Gujarat Bar Council is studded with BJP loyalists . BJP and Congress have legal cells. There are Law Universities, national and provincial, in the state. Then why this faux pass? Are they all collaborators of land grabbers? If they are experts in implementing NaMo’s land acquisition ordinance per se without formal concurrence of Indian parliament ,in Gujarat ,why their expertise and knowledge evaporate vis a vis Section 49 of Registration Act ? If they can pass administrative order to authorize mutation in Record of Rights in cases of land acquisitions for railway, roads & transport ministries without considering land owners’ objections or any hearing of any sort, they can certainly pass and promulgate an administrative order to cancel Section 49 of Registration Act in toto. Gujarat’s chief minister can not say that she is unaware of the serious error. If she says so it means that she is unfit for the job .It means further that she is being taken for a ride by her IAS officers or she allows that picture to emanate from corridors of her office. i am not the only one to send nasty mails and blogs to NaMo @PMOIndia and CMOGujarat. To my best knowledge, at least one leading practicing lawyer has written a signed letter, very decent one in legible Gujarati, to her in her capacity of the Chief Minister of the state. Now the onus to prove her position is on her.

 

Law makers derive principles of amendment in any law based on their political philosophy, individual and collective need for black money, popular demand, right and meaningful implementation of laws in true perspective, observations of different high courts and the supreme court of India. Often the changes are made when the apex court strikes down the law on constitutional grounds. The State can not discriminate awardees in terms of determination and payment of compensation to victim awardees who happen to lose lands due to state action. The state can not indulge in devolution of  the state funds on whimsical standards and grounds. But everything absurd is happening at present. The picture of lawlessness of law makers and officers is disgusting and depressing.

 

Where are we heading to? For what?

 

Laws for commoners, laws for the rulers, laws for the rich, laws for the judges, laws for the government officers and laws for the NRIs, PIOs apparently seem to be different ! Laws for NaMo, Karunanidhi, Sonia Gandhi, Mulayam Singh, Mufti Sayed, Robert Vadra, Priyanka Gandhi ,Amit Shah, Saurabh Patel, P. Solanki, B. Bokhiria are definitely different from laws for R.K. Laxman’s Common Man .

 

Law books are the same for all but their implementation is different in each and every category. There are layers of beneficiaries and losers.

 

As of today, majority of revenue and legal powers related to land matters are concentrated at the level of district officers. As I have experienced in my own cases and witnessed in numerous cases revenue officers like  talati, circle officer, deputy/assistant mamlatdar, mamlatdar, deputy/additional collector, prant officer, collector, deputy/assistant/ additional secretary ,secretary in one stratum and taluka development officer ,district development officer, deputy/assistant commissioner in another stratum have their own but unique way of interpreting laws. The same is the case with municipal and police department’s administrative set ups. While deciding individual cases, all of them do not take cognizance of judgments delivered by High Courts and the Apex Court in  cases similar in law matters.

Top of it they refrain from giving reason order for not considering judgments cited as arguments. Everyone knows it. Courts hoodwink. The Chief Justice of India and Chief Justices of high courts occasionally reprimand and cry foul but that is all that they do or they can do. Nothing more, nothing less. They are all worried about their promotions and post retirement positions. These chiefs complain about the backlog of cases. Their device to solve the problem is to arrange Lok Adalats. They boast of disposing of “so many cases in a day”. They admit that they were all rendered “useless” till the day Lok Adalats are/were held! The presiding officer on that day is an Indian Super Judge! What a cruel joke!

 

It is high time. The Chief Justice of India has to assert and compel the Government of India and all the state governments to streamline IAS,IPS,IRS ,IFS and like cadres at all India level and GAS,GPS cadres at Gujarat level to behave and respect all the judgments cited by appellants and opponents in all the cases and always deliver reason orders in all cases having judicial and quasi-judicial intent. If this is done the majority of cases will have natural fate of early disposal. The abortion of justice at the hands of farcical Lok Adalats need not be repeated.

 

DAVP in all states must advertise in all print and electronic media the steps aggrieved citizens need to take in cases where officers fail to comply in respecting judgments of high courts and the apex court  and while delivering orders if they fail to give full reason order in all cases. The same ad must state the procedure one has to undertake to file a court case against such an erring officer. The present mandatory provision of seeking a prior government permission through chief secretary for filing such a court case must be scrapped fully. Probably this is the last chance to make everyone, citizens and government officers, accountable and responsible. The work load of ACB – anti corruption bureau will be reduced to dramatic level.

 

The herculean task before the CJI is to make everyone responsible. As of today, the proven convict at the apex court is likely to be acquitted tomorrow! See the working of CBI and CBI courts! Other investigating agencies compete with CBI in this type of glorious work culture easily adaptable and pliable to the needs of the ruler of the day.

 

Today’s hero, NaMo is most likely to be a villain tomorrow, because, no judgment is final! All the cadres – IAS,IPS, IRS,IFS must learn from the present plight of Dr. Man Mohan Singh. Sonia Gandhi and her family benefitted fully without any liability and responsibility. More than a dozen IPS cops wasted their years in jail. Who was benefitted? NaMo and Amit Shah! Dr. Man Mohan Singh and Gujarat cops has no reason to say that they were prisoners of indecision and lacked courage to say “No” to the Boss. None of them have courage to be a crown witness. So they have to suffer. All cadres should remember that not only the Big Brother is watching them but also the real Big Boss, the People at the receiving end are watching and preparing the list of their acts of omissions and commissions! If the CJI will fail in his duty , the day is not far when ACB offices at every taluka level will be burdened with corruption cases! The judges too will not be spared. They are no more holy cows!

 

I await a court contempt notice for maligning judges and judiciary .To me it is my sacred duty to uphold judges and judiciary in the highest esteem by flashing the dangers ahead to all. It is our nation, India, that should be first and last at our heart and mind,for ever.

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