TOTAL 72 PUBLIC INTEREST LITIGATION IN A YEAR ? CAN ANY ONE BELIEVE IT

TOTAL 72 PUBLIC INTEREST LITIGATION IN A YEAR ? CAN ANY ONE BELIEVE IT
LETTER Petition(Public Interest Litigation) 2 Honorable President of India to evoke the Powers provided Under Article 143 of the Constitution of India to refer my Public Interest Litigation(WRIT PETITION S NO.13020,Diary No.26411 (CIVIL) OF 2009) to the Honorable Supreme Court of India. There are provisions for reference or appeal to this Apex Court under Article 317(1) of the Constitution.
COPY IS SENT TO GUINESS BOOK OF RECORD AND LIMCA BOOK OF RECORDS SINCE 72 PUBLIC INTEREST LITIGATION FOR PROTECTING CONSTITUTIONAL RIGHTS IS A UNIQUE RECORD IN ITSELF FOR CORRUPTED INDIAN JUDICIARY SYATEM.
CAN ANY ONE BELIEVE 72 PUBLIC INTEREST LITIGATION ? JUST TO DEFEND AND PROTECT CONSTITUTIONAL FUNDAMENTAL RIGHTS GIVEN TO EACH AND EVERY CITIZENS UNDER INDIAN CONSTITUTION. I WOULD BE FILING PIL WITH THE PRESIDENT OF INDIA’S OFFICE , THE SUPREME COURT OF INDIA AND THE BOMBAY HIGH COURT EVERY FORTNIGHT UNLESS AND UNTILL JUSTICE IS GRANTED ie., ALL PRAYER / RELIEF AS GIVEN BELOW IN PETITION ARE ACCEPTED AND GRANTED.
CLIMAX OF CORRUPTION AT MUMBAI THE BUSINESS CAPITAL OF INDIA ? IN TOTAL 72 PIL WOULD BE FILED BY ME WITHIN A SPAN OF ONE YEAR. THANKS TO CORRUPTED INDIAN GOVERNMENT DEPARTMENTS AND THE LARGEST DEMOCRACY BUT MOST CORRUPTED EVER AND SLOWEST JUDICIARY SYSTEM IN THE WORLD TODAY
Her Excellency Madam Smt Pratibha Patil,

Copies Being sent by E mail to :-
The Ministry of Home Affairs , New Delhi, The Respected Home Minister of India, Prime minister of India , President of India by PDF format, The Honorable Supreme Court of India, The Bombay High Court, The Delhi High Court , Past respected adjudicator of Indian Courts , The C.B.I. , The Anti Corruption Bureau ,Mumbai , Maharashtra, Maharashtra State Government Authorities And Departments viz,, Municipality, Police, The Registrar of Housing Societies Authorities at Mumbai, Pune, Maharashtra State, The Guiness Books of Records by E mail webmaster@guinnessworldrecords.com And Filling requisite online form ,



The Limca Book of Records by E mail ie editorlimcabook@gmail.com , By E Mail to at least 2000 National And International Media , News Paper reporters,journalists, Correspondents , editors , Published on All most All And Any Social Networking Sites viz., Face Book, Linkedin , Twitter, Google Blogs, http://www.box.net/files ; http://ireport.cnn.com/ ( CNN ireports) and So many sites in large numbers.

MY REQUEST TO MEDIA PLEASE TAKE UP THE MATTER CRITICALLY TO FIGHT AGAINST CORRUPTION . MEDIA IS CONSIDERED TO BE 4TH ESTATE IN INDIA. MEDIA MUST PLAY ROLE OF FOURTH ESTATE TO EVADE ANY ADDITIONAL SERIOUS HARM TO OUR SOCIETY , CITIZENS , NATION AT THE HANDS OF CORRUPT ADMINISTRATION, POLITICIANS, MAFIA ETC.,

PLEASE READ LATEST NEWS AT VILE-PARLE , JUHU AREA , MUMBAI .

“Illegal Juhu ( Mumbai) restaurant demolished . MUMBAI: Four days after Aditya Dube, 7, fell to his death from the 6th-floor restaurant It's Mirchi, at Juhu's Ramee Guestline, the BMC took action. A demolition squad comprising 60 staff razed the rooftop restauran...t on Wednesday. Although the BMC had served a notice to the unauthorised hotel on March 16 last year, ...senior officials allege that at the time, two Congress MLAs had pressurised them to go slow on the demolition. The police will be questioning the Ramee Group's board of directors, who they say are responsible for negligence. The hotel did not have valid licences or NoCs.Illegal Juhu restaurant demolished ;

Tags:Demolition|Aditya Dube|It's Mirchi

BY KEITH (U.K.) 08/07/2010 at 04:26 am WHY DO THESE LOCAL SO CALLED POLITICANS COME BETWEEN THE B.M.C. WHEN THEY ARE DOING THEIR PART OF THERE JOB, ANTI SOCIAL PEOPLE IN MUMBAI CONGRESS,B.J.P, AND SHIV SHENA NEED TO KEEP AWAY FROM, THEY HAVE NO RIGHT TO INTER FEAR . LAW IS LAW... “

Corruption in BMC has caused boy's death at Hotel Ramee Guestline

The shocking incident relating to a 7-Year-old boy being killed due to the negligence of a Hotel at Juhu is no laughing matter. As reported, it is ironical that the civic authorities have acted swiftly, to demolish the illegal structure. The probe unravels several anomalies that go on in the civic fiefdom, where rules are made only to be misinterpreted, ignored or twisted with graft being the common denomination that rules the roost. For politicians, bureaucrats and those higher-ups having a say in the matter is nothing new, but an


established factor since the inception of the BMC. Having discovered the culprits, it is essential that the guilty be jailed, fined and seriously reprimanded. There should be no let-up but taking suitable action that will at least create a fear in those indulging in mal-practices in the days to come.

By Xavier Louis,
1/225 St. Andrew’s Road, Bandra, Mumbai-50

It is most respectfully submitted to suspend permanently senior ward officer ,all Chief and Assistant Engineer of Factory and Building Department and Health department of Vile-Parle , ( K –West ward) and severe investigation must be initiated against all corrupted officer by Anti Corruption Bureau and C.B.I. Both. Whether they hold personal property ; assets in proportion to official income. The next to kin , relatives ‘s property must be investigated. Investigation must be commenced against 2 MLA. If found guilty they must be prosecuted very rigorously .


MY (LETTER)Petition(Public Interest Litigation) 2 Honorable President of India :-


This is a Constitutional mandate that every Constitutional Authority must “bear true faith and allegiance to the Constitution of India as established by the law” and “will faithfully discharge the duty which he about to enter”. But, now a days, for some reasons or otherwise these mandates lost its propriety.

That clause (4) of Article 32 of the Constitution of India guaranteed that even the Supreme Court itself couldn’t suspend the “Remedies for enforcement of rights conferred by Part III of the Constitution”.

All people, irrespective of race, religion, caste or sex, have been given the right to move the Supreme Court and the High Courts for the enforcement of their fundamental rights. It is not necessary that the aggrieved party has to be the one to do so. Poverty stricken people may not have the means to do so and therefore, in the public interest, anyone can commence litigation in the court on their behalf. This is known as "Public interest litigation".[7] In some cases, High Court judges have acted on their own on the basis of newspaper reports.

Why should we pay for getting justice when the govt. has the duty and responsibility in providing free and fair justice? Why we ( Citizens) pay a mixture of direct and


indirect taxes, levies to State & Central Government ? Who is funding various government departments, viz., Municipality, Police and other departments ? We citizens are funding by contributing to various direct & indirect taxes. All governments departments are run by citizens funding. Then why should we go to court for justice ? Is it a flow of democracy ?When ruler was a King, justice system not commoditized. There was instant justice/ justice was done within minutes, hours . while today we are waiting for justice for many years. The recent verdict of Bhopal Gas Tragedy is the best example. How we can trust democratic system and its functioning. While people are made powerless in a democracy what is the alternative?
We the Citizens of India are paying a range of direct , indirect taxes , government revenues , levy at 5 % …………to even 100 %. We contribute to state and central government taxes, excise , sales tax, income tax ……..and so on . For example on Petroleum products ( Petrol & Diesel ) we the citizens are paying more than 100 % taxes, levies to State as well as Central Government. The price of Petrol should not exceed Indian Rupees 25/- per liter and Diesel should not exceed Rupees 20/- per liter Our very transparent question is how and where Indian Government ( state & central both) is spending surplus money taken at at least Rs 25 per liter paid by citizens . One can read news focus by Supashva Mehta on page no. 10 of Gujarat Samachar dated July 8, 2010. One can click at http://www.gujaratsamachar.com/beta/content/view/67706/315/ what government is doing to protect citizens of India to keep law and order and to protect from violation of Fundamental Human Rights. We want full account of spending of our hard earned money being paid to State And Central Government by way of direct & indirect taxes. We demand our Constitutional Rights under Constitution of India.
Right to Constitutional Remedies
The Right to Constitutional Remedies empowers citizens to approach the Supreme Court of India to seek enforcement, or protection against infringement, of their Fundamental Rights.[73] Article 32 provides a guaranteed remedy, in the form of a Fundamental Right itself, for enforcement of all the other Fundamental Rights, and the Supreme Court is designated as the protector of these rights by the Constitution.[74] The Supreme Court has been empowered to issue writs, namely habeas corpus, mandamus, prohibition, certiorari and quo warranto, for the enforcement of the Fundamental Rights, while the High Courts have been empowered under Article 226 – which is not a Fundamental Right in itself – to issue these prerogative writs even in cases not involving the violation of Fundamental Rights.[75] The Supreme Court has the jurisdiction to enforce the Fundamental Rights even against private bodies, and in case of any violation, award compensation as well to the affected individual. Exercise of jurisdiction by the Supreme Court can also be suo motu or on the basis of a public interest litigation.[73] This right cannot be suspended, except under the provisions of Article 359 when a state of emergency is declared.[74]
The Honorable Supreme Court of India Original jurisdiction
It has exclusive original jurisdiction over any dispute between the Government of India and one or more States or between the Government of India and any State or States on one side and one or more States on the other or between two or more States, if and insofar as the dispute involves any question (whether of law or of fact) on which the existence or extent of a legal right depends.
In addition, Article 32 of the Constitution grants an extensive original jurisdiction to the Supreme Court in regard to enforcement of Fundamental Rights. It is empowered to issue directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari to enforce them.
The Supreme Court has special advisory jurisdiction in matters which may specifically be referred to it by the President of India under Article 143 of the Constitution.There are provisions for reference or appeal to this Court under Article 317(1) of the Constitution.

I filed one Public Interest Litigation and Civil Writ Petition in last August 2009 , but in contraventions of the aforesaid Constitutional Guarantee such Petition was either rejected or dismissed .

The issue raised by me in my said PIL were not so simple, as such should have been put for judicial adjudication. But, then Hon’ble Supreme Court of India instead of admitting or facing the truth of violation of Fundamental Human Rights guaranteed by The Constitution of India and in serious contrast to the important Scheme of Article 32 of the Constitution, thus unconstitutionally caused changes in the Supreme Court Rules empowering thereby to the Supreme Court Registry to refuse any PIL ( Public Interest Litigation) and/or Writ Petition on alleged ground of not disclosure of any reasonable cause for its registration. Article 32 does not empower to Supreme Court to assign any such Powers to any authority to refuse to register any Public Interest Litigation Petition on any grounds whatsoever.

Since, I am a man of principle, as such for a long long time ie since almost 15 Months , I am fighting against the Mafia lobby doing business activities from pure residential area since almost 4 years and having close connections with Maharashtra

When dozens of corrupt officials of BMC, Registrar of Cooperatives Housing Authorities, Mumbai Police colluded with crooked mafia running commercial offices, Retail outlet for selling very……….very Highly inflammable Tyres/Tubes being used in Auto Rickshaw From our pure Residential Co-Op Housing Society since almost 4 years to give me and my family sleepless nights. Office is being run from Flat no. A/004 since 2005/06 illegally inspite of notices issued by Housing Society and just Superficial notices served by Corrupted BMC ; Borivali, Mumbai office. Earlier I had withdrawn complaint against Mahesh Agrawal ( Flat no. A/006) as he promised to stop business activites in the presence of Society Chairman Mr Rajni Gandhi on 21/05/2010 in the presence of BMC officer Mr Dalvi. But unfortunately Mahesh Agrawal has restarted his business activities against society bye-laws and Bombay Municipality Rules & Regulations.

PLEASE CLICK AT FOLLOWING WEBLINKS TO KNOW ALL PETITIONS FILED WITH THE SUPREME COURT OF INDIA , THE BOMBAY HIGH COURT AND PHOTOS/ DETAILS OF HARASSMENT TO MY FAMILY AT CO-OPERATIVE HOUSING SOCIETY SINCE MORE THAN 15 MONTHS.
http://www.box.net/shared/syd8lvdet8
http://newhorizonofcorruptionatmumbaiindia.blogspot.com/

http://www.ireport.com/docs/DOC-436895

http://www.box.net/shared/va5rd60uho

http://www.box.net/shared/syd8lvdet8

http://www.facebook.com/home.php?#!/kashyapventure?v=wall&story_fbid=125880670761878

http://bit.ly/cvVUq6 #ireport
http://www.ireport.com/docs/DOC-409688
http://www.ireport.com/docs/DOC-372425

WE ARE BEING EXPOSED TO RISK OF ROBBERY , BURGLARY AND CRIME . AT OUR PEACEFUL RESIDENTIAL SOCIETY IN 2002-2003 ARMED ROBBERY TOOK PLACE AT OUR PEACEFUL AREA DUE TO EVIL OF UNAUTHORISED BUSINESS ACTIVITIES . BORIVALI (MUMBAI) POLICE DEPARTMENT IS VERY MUCH CONVERSANT ABOUT THAT MISFORTUNE. EVEN THOUGH POLICE DEPARTMENT IS OVERLOOKING THE SERIOUS MATTER. ARE THEY WAITING FOR SAME CRIME EPISODE TO BE REPEATED ? :-
IN THE (PAST) YEAR 2002/2003 ARMED ROBBERY TOOK PLACE AT OUR SOCIETY ON 2ND FLOOR OF “A” WING WHERE UNAUTHORISED AND ILLEGAL DIAMOND DEALER WAS RUNNING OFFICE WITH FULL SUPPORT FROM CORRUPTED BOMBAY MUNICIPALITY DEPARTMENT , POLICE DEPARTMENT , AND THE MOST CORRUPTED EVER ADDL REGISTRAR/DEPUTY REGISTRAR ( AT PUNE, MUMBAI ( MALHOTRA HOUSE), BANDRA (MUMBAI) AND WADALA ) RESPONSIBLE FOR PROPER FUNCTIONING OF CO-OPERATIVE HOUSING SOCIETIES IN MUMBAI & MAHARASHTRA.
CURRENTLY PURE RESIDENTIAL FLAT NO. A-004 ( JUST NEXT DOOR TO MY RESIDENCE) IS BEING USED BY JASWANT JAIN FOR EXCLUSIVELY BUSINESS PURPOSES SINCE LAST 4 YEARS. WE ARE EVEN SUSPECTING HUGE CASH TRANSACTIONS ( WHETHER ACCOUNTED MONEY OR BENAMI UNOFFICIAL TRANSACTIONS) BEING EXECUTED FROM OUR PEACEFUL HOUSING SOCIETY AT FLAT NO. A-004. WE INNOCENT MIDDLE CLASS RESIDENTS ARE OPEN TO ASSAULT BY ANTI-SOCIAL OUTSIDE ELEMENTS VIZ., ROBBER, BURGLAR, DACOIT . WHY WE SHOULD BE EXPOSED TO SUCH PERIL OF BEING ATTACK AT OUR PEACEFUL RESIDENTIAL SOCIETY. WHAT IS AND WHERE IS OUR FAULT ?
State Government departments viz., BMC, The Addl Registrar of Co-op Housing Society at Pune/Mumbai , Mumbai Police Department and Suspecting assistance from Powerful Politician, who having close connections in the corridors of the Judiciary too. In considerations of Your Excellency’s mindset, I expect that Your Excellency in considerations of the importance of the issue of larger public interest, must intervene against continued violation of Human Rights. Thereby empowering the Supreme Court Registry in severe contrast to important Scheme of Article 32 of the Constitution to refuse to receive and admit for registration any Public Interest Litigation/Writ Petition on any alleged grounds.

Therefore, this is my Humble Submissions that Your Excellency should evoke the Powers provided Under Article 143 of the Constitution of India to refer my Public Interest Litigation to the Honorable Supreme Court of India. Empowering the Supreme Court Registry is Constitutionally valid and not in contrast of the important Scheme of Article 32 of the Constitution and whether such refusal to register the aforesaid Public Interest Litigation by the Supreme Court Registry is in conformity with the provisions provided under Article 32 of the Constitution of India ?

The Honorable Supreme Court has special advisory jurisdiction in matters which may specifically be referred to it by the President of India under Article 143 of the Constitution.There are provisions for reference or appeal to this Court under Article

317(1) of the Constitution.The Honorable Supreme Court of India Original jurisdiction .It has exclusive original jurisdiction over any dispute between the Government of India and one or more States or between the Government of India and any State or States on one side and one or more States on the other or between two or more States, if and insofar as the dispute involves any question (whether of law or of fact) on which the existence or extent of a legal right depends.
In addition, Article 32 of the Constitution grants an extensive original jurisdiction to the Supreme Court in regard to enforcement of Fundamental Rights. It is empowered to issue directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari to enforce them.
The Supreme Court has special advisory jurisdiction in matters which may specifically be referred to it by the President of India under Article 143 of the Constitution.There are provisions for reference or appeal to this Court under Article 317(1) of the Constitution.
As per the societies bye laws, residential complex cannot be used for commercial purpose. Unless there has been a resolution passed on to that effect by the Managing committee. Ask for the copy of society bye law booklet and look it up...!
Co-operative Housing Society Is Meant For Residential Purpose only.But Certain Domestic Business Are Allowed. The List Of Allowed Business Is Available With The Municipal Office Who Gives Registration Under "gumasta Dhara"
Managing Committee Passes Resolution In The Annual General Meeting For Allowing Commercial Activities In The Society. On The Strength Of Resolution Letter, Municipal Corporation Allots Licence If Relavent Commercial Activities Come Under The List Of Allowed Business
As for commercial activity "within" , it is not permissible without legal consent from the Managing Committee based on Resolution passed in a proper meeting of authorised members,and then, valid Permission/Licence granted by the designated Authority/Municipal Corporation.Commercial activity "within" residential premises is generally not permitted due security reasons,beside being a serious traffic nuisence for the residents.
SUSPECTED CONNIVANCE OF MUMBAI MUNICIPALITY CORPORATION DELIBERATELY ALLOWING OFFENDER JASWANT JAIN TO TAKE STAY ORDER. EVEN THOUGH THEY WERE DUTY BOUND TO FILE CAVEAT AS A PRECAUTION TO STOP OFFENDER JASWANT JAIN FROM TAKING STAY ORDER. THIS IS NOTHING BUT A CRIMINAL CONNIVANCE NEEDS ACTION TO BE TAKEN EITHER BY ANTI CORRUPTION BUREAU AND C.B.I. ( SINCE GRIEVANCE IS SUBMITTED TO HOME MINISTRY , NEW DELHI BY PRESIDENT OF INDIA’S OFFICE.)
DELIBERATELY DEFERRMENT OF ACTION AGAINST OFFENDER MEMBER JASWANT JAIN (A/004) BY ACCEPTING HIS FRAUDULENT PROPOSAL TO CHANGE USER TO COMMERCIAL FROM PURE RESIDENTIAL PREMISES BY DEPUTY CH. ENG (B.P.) W.S. II & ASST ENGINEER AT BUILDING PROPOSAL DEPARTMENT. KANDIVALEE(EAST).,THAKUR COMPLEX. I HAVE BEEN & HAD BEEN SUBMITTING GRIEVANCE SINCE MORE THAN 15 MONTHS. I HAD SUBMITTED COMPLAINTS TO DY. CH. ENG(B.P.) W.S. ll IN DECEMBER 2009 AND JANUARY 2010 ; INSTEAD OF TAKING STRINGENT STEPS HE IS HELPING OFFENDER MR JASWANT JAIN. I REQUEST THE ACB TO PLEASE INVESTIGATE THE MATTER RIGOROUSLY AS VERY HIGH VOLUME OF CORRUPTION IS SUSPECTED.
THE PROBLEM OF EVACUATION HAS COME TO MY/OUR FAMILY DUE TO HARASSMENT WITH FULL SUPPORT FROM AUTHORITIES AS MENTIONED BELOW ;
THE CLIMAX OF CORRUPTION CONTINUED AT CO-OP HOUSING SOCIETY LOCATED AT BORIVALI,WEST, MUMBAI--400092. MAHARASHTRA . HARASSMENT , TORTURE CONTINUED SINCE MORE THAN 15 MONTHS FROM APRIL, 2009 UPTO TODAY , 8 TH JULY , 2010 WITH TOTAL SUPPORT FROM MUMBAI MUNICIPALITY(BORIVALI , WEST,MUMBAI--400092.) AND POLICE DEPARTMENT, THE REGISTRAR OF CO-OP HOUSING SOCIETY , MUMBAI & PUNE. THE OFFENDER MEMBERS AND THEIR FRIENDS FORCING MY FAMILY TO EVACUATE MY RESIDENTIAL PROPERTY. MUMBAI MUNICIPALITY , POLICE DEPARTMENTS ,REGISTRAR OF SOCIETIES ARE INDIRECTLY HELPING HIM. FINAL NOTICE HAS BEEN SERVED BY MUMBAI( BORIVALI) MUNICIPALITY JUST SUPERFICIALLY TO OFFENDER JASWANT JAIN ; BUT IT WAS DELIBERATELY DELAYED OR AVOIDED BY MUNICIPALITY AUTHORITY. WE WANT STRINGENT ACTION BY ANTI--CORRUPTION BUREAU AS WELL AS C.B.I. AS VOLUME & INTENSITY OF CORRUPTION IS VERY PROFOUND AND PREVAILING. FURTHER WHY OFFENDER. JASWANT JAIN IS ALLOWED TO TAKE STAY ORDER EVEN THOUGH CAVEAT COULD HAVE BEEN FILED TO STOP HIM ?

IT IS SUBMITTED MOST RESPECTFULLY THAT WE WANT POSITIVE RESULT ; LEGAL PROCEDURE UNDER LAW HAS TO BE FOLLOWED BY AUTHORITIES ONLY. BECAUSE THEY ARE DUTY BOUND UNDER THE CONSTITUTION OF INDIA. WE ARE NOT INTERESTED IN JUST SUPERFICIAL PROCEDURE PRETENDING AS IF ACTION IS TAKEN . WE WANT CONCRETE AND MATERIAL OUTCOME .

In addition to above I wish to know the precise legal implication with regard to obtaining stay order by Jaswant Jain. How And Why Jaswant Jain has been able to obtain stay order ( to keep Status Quo) Since status Quo in the present scenario is to use premises for residence only ? Our Building Plan is pure residential ; then how the disputed stay order is obtained. Even our Co-operative Housing society had already issued notice ( signed by Secretary ) to offender Jaswant Jain on 8th August , 2009 ( almost since 10 Months) Hence changing of user is never permitted by members of society and society Bye-Laws . It is duty of BMC Borivali authority to file A Caveat ( request to court ) as a precaution to stop offender from taking stay order. The said premises is exclusively reserved for residential use only. Further apart from Caveat one more recourse is open to file revision petition, intervention petition against stay order . I wish to know precise and very transparent explanation and reply from BMC Borivali,west,Mumbai—400092. In addition to above using residential premises is A Criminal offence under The Maharashtra Rent Control Act 1999 ( came into force from 31-3-2000). Doing business activity from
Residential Premises is a cognizable offence ( Delhi High Court Judgement cited below ) requiring serious investigation by authorities.
In addition to above I have one more complain against Mahesh Agrawal (Flat no. A-006) using his residential flat as selling outlet of highly inflammable tyres & tubes used in Auto-Rickshaw. Earlier I had withdrawn complain against Mahesh Agrawal ( Flat no. A-006) as he promised to stop business activities. Even I submitted letter to Borivali Municipality officer Mr Dalvi regarding around 21 st or 22 nd May , 2010 about stopping business activity by Mahesh Agrawal . But unfortunately Agrawal has restarted forbidden business activities again from Pure Residential society. Utter slum class people

in large numbers visit our peaceful residential society from early morning at 6.30 AM to Night 11.30 pm ……12.00 pm . The visitors normally are auto rickshaw drivers, garage operators, and other strangers of slum class. It is indeed exposing innocent society resident members to immense threat .
The Honorable Delhi High Court pointed out that misuser is a cognizable offence
Please refer to Delhi High Court order W.P.(C) No.7667 of 2001 ; Date of Decision:- January 25, 2005 ; SUBJECT:CHEMIST SHOPS IN RESIDENTIAL AREAS . In a residential area the people, who are allotted land or the owners of the land are permitted to develop the land for the purpose of residence only. If the building is used as an office or hotel or eating house or any other commercial activity, i.e. other than the residence, it will cause nuisance and annoyance to the people occupying the building and residing in the vicinity. When in a residential area people are buying the land or property and develop the property or occupy the property for the purpose of residence, they are assured by the legislature/rule makers that the area is meant for residential purposes and they will be in a position to enjoy a good housing atmosphere. It is in view of this also the use zone cannot be changed as the people have invested money for housing accommodation.
It is also required to be noted that the Legislature has made cumbersome and tedious procedure for modifications to the Master Plan and the Zonal Development Plan with clear intention that such modifications are to be carried out only when absolutely essential. It can be done only by following the procedure laid down in Act. This provision is to be resorted to only if the modifications does not affect important character of the plan and does not relate to the extent of the land user or the
standards of the population density. Before such exercise is undertaken, objections are to be invited with respect to the proposed modifications.
The people including the authorities under different statutes cannot be allowed indirectly to modify the development plan by change of the user of the building or the plot to the detriment of the other bonafide users. In short in violation of Master Plan or the Development Plan, the property cannot be used. The law of the state provides for punishment in case any person who uses any land or building in contravention of provision or in contravention of any terms and conditions prescribed by regulations under the proviso to that section. It is punishable with imprisonment and/or fine which and higher penalties are provided in case of continuing offence or the offence is repeated. It is very clear that no person can use


or be permitted to use any land or building otherwise than in conformity with the plan and if one is contravening the provision it is the duty of the Development Authority or the Corporation to take action in the matter.
So far as issuance of permission/licence by the authorities is concerned, it is required to be noted that the same cannot be issued as it results in violation of right of life enshrined in Article 21 of the Constitution of India. The question will have to be considered not only from the angle of those who have set up shops in violation of the Master Plan, but also those who are residents and are using their premises for residence as allowed by the law in a residential locality. Before authorization/licence, its effect on the entire area, particularly, with respect to infrastructure available is to be seen. With a view to see that Article 21 is not breached, the provision contained in the Development Act indicates that there shall be no change in the plan except by following the procedure and, that too, substratum cannot be changed. The licensing authorities are equally responsible for mushrooming of shops in a residential area. The State Government, Development Authority, Authorities functioning under other Statutes and Municipal Corporation are required to address themselves to the larger question as to what Mumbai ( Delhi) is intended to be left for the children and future generation. By allowing the residential areas for the use of trade or business, we have indicated that all the authorities have been wholly remiss(negligent) of all their functions, duties and obligations.
Maharashtra (Mumbai) Development Authority under the concerned Act is required to see that the zoning regulations are strictly complied with. It is for the Development Authority as well as the Municipal Corporation to see that as per the use zones the land is developed and buildings erected are put to use in accordance with use zone after permission to occupy is granted in accordance with law.
Zoning protects residential areas from the harmful invasions of commercial and industrial uses, while it promotes business and industry by the very nature of the planned and orderly development that it ensures. By requiring the spacing of buildings, it provides adequate light and air, as well as protection from fire etc. It prevents overcrowding in buildings and land and thus facilitates the residents. This in turn ensures continued and adequate supply of water and other facilities such as, sewerage, transportation, schools and parks. The authorities are also to see the sanctioned plans as well as the completion certificate.
It is noticed that growth of commercial activities in the residential areas has been without any check and hindrance from the authorities. The manner in which such large scale violations have been commenced and continued leaves no manner of doubt that it was not possible without the connivance of those who are required to ensure compliance of the law, and reasons are obvious. Such activities result in putting of extra load on infrastructures. The planning has gone totally haywire. Law abiders are sufferers. All this has happened at the cost of healthy and decent living of the residents of the city violating their constitutional rights enshrined under Article 21 of the Constitution of India.
The Development Act is for the benefit of public at large and for providing a civilised society. If there is breach of the provisions contained in the Development Act or the Corporation Act in so far as the use of premises is concerned which is contrary to the use zone, the same would be violating the rights of other citizens and would be violative of Article 21 of the Constitution of India.
Exercise of powers under Article 226 of the Constitution is an extraordinary remedy which is essentially discretionary although founded on legal injury. It is perfectly open for the Court exercising this flexible power to make such order as public interest dictates and equity projects. It must be noted that the Constitution has given a right to live with human dignity. Life of a human being must be meaningful, complete and worth living. It is also expected that there is a right to decent environment. The Development Plan which regulates or prohibits use of land/building is a positive step in the direction of providing a decent life with human dignity. Any act or attempt which amounts to nothing but mischief with the Development Plan is violative of Article 21 of the Constitution of India.
How Jaswant Jain has been continuing doing cognizable offence ( Delhi High Court) and a Criminal offence ( Maharashtra Rent Control Act 1999) since almost 2006 upto today ie., 5th of July, 2010. I started complaining since last June 2009 . Why any authorities have failed to initiate any proceeding. Why any such cognizable and/or criminal offence is allowed to be continued and eligible to take stay order . Why BMC is not stopping unauthorized business activities and sealing the premises instead of serving notices ? why my Notice u/s 527 of BMC Act 1888 read with Section 80 of CPC 1908 And Judgment of Salem Advocate Bar Association, Tamil Nadu Vs. Union of India (UOI), (2005) 6 SCC 344, paras 38, 39 is ignored totally ? Why action should not be initiated under THE PREVENTION OF CORRUPTION ACT, 1988. I had filed complains with Anti
Corruption Bureau , C.B.I. and all competent authorities in Mumbai , Delhi , state and central government.
Anti-Corrupt Laws get teeth in M’rashtra; FIR against 28 corrupt officials

One can just click on following weblink to know more about Mumbai High Court Judgement.

http://www.karmayog.in/messages/node/47680
http://www.box.net/shared/va5rd60uho
The Bombay High Court order is given below for your reference.
CRPIL308220909 -- Justice Bilal Nazki stays 1972 Home Department...
Created Jun 2, 2010
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION NO.3 OF 2008
Shri Anna Kishanrao More ..Petitioner Versus Mr.P.R.Menon, The Executive Engineer, Mechanical Stores & Development Division, & Others ..Respondents Mr.G.S.Kulkarni for the Petitioner
Mr.P.H.Kantharia, APP for the State CORAM: Bilal Nazki & A.R.Joshi, JJ.
DATE : 22nd SEPTEMBER, 2009.
P.C:
1. This petition is filed in public interest seeking action against the respondents for allegedly committing some corrupt activity. At the later stage the petitioner wanted to withdraw the petition, but the Court declined. Thereafter, during the proceedings it was revealed that there is a circular issued by Government of Maharashtra on 21.2.1972. This circular prima facie restricts the statutory
2. powers of the Investigating Agency to investigate the case of ommission and commission which are offences under the Prevention of Corruption Act. Therefore, this Court wanted to test the legality of the circular of February 1972. Precisely, according to this circular when there is an allegation of corruption against an officer, before the Anti Corruption Department starts investigation it is required to refer the matter to the department to which such officer belongs, for a preliminary enquiry. We are of the prima facie view that once the offence is disclosed under the Prevention of Corruption Act, then the Investigating Agency under the Prevention of Corruption Act is bound to investigate the matter. Therefore, any circular placing restrictions on their power which is available to them under the Prevention of Corruption Act and the Criminal Procedure Code appears to be illegal.
2.On various occasions the respondents have sought time to argue the matter finally. Today also an adjournment is sought.In this view of the matter,
3. we admit this petition and direct that the circular dated 21.2.1972 shall not be implemented by the Anti Corruption Agency and whenever a complaint is received by them, they shall investigate the matter irrespective of the circular, in accordance with law.
(Bilal Nazki, J.)
(A.R.Joshi, J.)
The Communication from The Government of India ; Department of Justice addressed to The Registrar (Judicial); Supreme Court of India , New Delhi dispatched on 22nd April 2010 ( dated 26th March,2010 ; delaying proceeding why ? ) INDIA The Largest Democracy , But The Slowest And Most Corrupted ever Judiciary in the World. The Copy of communication was sent to my wife Smt Reena Kashyap Vyas just for the sake of superficially formality without Any Action against offenders causing immense harassment and torture just next door to me. The Copy of letter was also sent to Shri K C Jayrajan , Addl Comptroller ; President’s Secretariat( Public Section) Rastrapati Bhavan , New Delhi. W.r.t. their letter no. P1-E/1155, Dated 03-12-2009. But once again no action taken even by President’s Secretariat.
We ( Kashyap Vyas & Reena Vyas) had submitted minimum of 12 Complaints to The President of India Office since last 20th August, 2009.
Since the same matter was referred to The Honorable Home Ministry by The Respected President of India in November and December , 2009. Complaint Regn Numbers PRSEC/E/2009/11145 ( by my wife Smt Reena K. Vyas ) and PRSEC/E/2009/10404 ( by Kashyap Vyas) were transferred to The Ministry of Home Affairs by the Honorable President of India Office. The reason for transferring grievances to the Home Ministry was very apparent “
Neglected by Maharashtra State Government in total “ At least 12 Requisition sent by The President of India office since August , 2009 was ignored by The Maharashtra State Government and its corrupted departments Viz ; Police , Municipality , Co-operation , Urban Development, Maharashtra Home Ministry , Registrar of Co-operative Housing Society at Mumbai / Pune . Even 2 requisition sent by The National Human Rights Commission was simply ignored by The Commissioner of Mumbai office.
The Anti Corruption Bureau , Mumbai had issued 2 times communications to each authorities ie The Mumbai Police Commissioner , The Mumbai Municipality Commissioner Office And The Deputy Registrar ( Registrar of Housing Society Authority) at Malhotra House , Mumbai. But to my surprise nuisance is continued as the Law of Corruption prevails at Mumbai , Maharashtra.
Our open Letter to the Authorities whether State and/or State Government and all responsible officers :-

With this letter we expect and pray the best & the pink of your health.
We are constrained to write this letter for you acting, in conscious neglect of your duties/ in wilful disregard of letter of the Law so established /in not implementing the Hon.SC/ HC Orders.

Thus, you invariably say that,

1. I do not care for the laws of the land. I am powerful and I am above the law. I am the rule;
2. I do not fear of law executing authority and law administering authority;
3. I do not fear of the Justices, whether of lower or higher courts. I know how to manage the system and drag cases for years.
4. I do no regard the authority of Constitution of India and the value and philosophy embedded in it;
5. I have no desire in social well being of the Nation and of the Society.
6. I have no consideration for human life and dignity.

Also, it must be brought to your notice that your act in this regard palpably frustrate 'rule of law' in the society and constitutes contempt of collective wisdom of our Law makers/ Contempt on the face of the Court and which may invite fury of the Court and you may be subject to the laws of the land like any other Offenders of law.


There are NO disputes really to be resolved for your act speaks itself of conscious neglect of duties/ disregard of established laws/ non compliance of Court Orders; and FAILURE on your part to mend your acts may compel us to indulge in expensive and avoidable litigation before already over burdened courts resulting in loss of precious time of the Court. This will tantamount to an act where the Public Officials consciously resorting to illegality despite acknowledging the consequences resulting from it, perhaps on the pretext of time consuming justice delivery system.
Please read carefully the following Court Rulings for your reference ;
It must be brought to your notice that in Salem Advocate Bar Association, Tamil Nadu Vs. Union of India (UOI), (2005) 6 SCC 344, paras 38, 39 the Hon'ble Supreme Court has observed and directed “… Wherever the statutory provision requires service of notice as a condition precedent for filing of Cases, it is not only necessary for the Governments or departments or other statutory bodies to send a reply to such a notice but it is further necessary to properly deal with all material points and issues raised in the notice.
The Governments, government departments or statutory authorities are defendants in a large number of Cases pending in various courts in the country. Judicial notice can be taken of the fact that in a large number of cases either the notice is not replied to or in the few cases where a reply is sent, it is generally vague and evasive. The result is that the object underlying Section 80 of the Code and similar provisions gets defeated. It not only gives rise to avoidable litigation but also results in heavy expenses and costs to the exchequer as well.
A proper reply can result in reduction of litigation between the State and the citizens. In case a proper reply is sent, either the claim in the notice may be admitted or the area of controversy curtailed, or the citizen may be satisfied on knowing the stand of the State. There is no accountability in the Government, Central or State or the statutory authorities in violating the spirit and object of Section 80… These provisions cast an implied duty on all Governments and States and statutory authorities concerned to send appropriate reply to such notices.
Having regard to the existing state of affairs,
“We direct all Governments, Central or State or other authorities concerned, whenever any statute requires service of notice as a condition precedent for filing of suit or other proceedings against it, to nominate, within a period of three months, an officer who shall be made responsible to ensure that replies to notices under Section 80 or similar provisions are sent within the period stipulated in a particular legislation. The replies shall be sent after due application of mind. Despite such nomination, if the court finds that either the notice has not been replied to or the reply is evasive and vague and has been sent without proper application of mind, the court shall ordinarily award heavy costs against the Government and direct it to take appropriate action against the officer concerned including recovery of costs from him.”.
In M/s. Shiraz Cinema vs. Srinagar Municipal Corporation, reported in Crimes (HC) 2 (1988) 250, the Jammu and Kashmir High Court has held that Section 133 Cr.P.C., providces for the remove of public nuisance. The purpose and object of Section 133 Cr.P.C is not intended to settle private disputes between two members of the public but is intended to protect the public as a whole against the inconvenience of public nuisance. No doubt that the provisions of Section 133 Cr.P.C., cannot be used for settlement of disputes between private parties.
It is not in dispute that public nuisance may be an annoyance, by way of unbearable noise or emitting foul smell. The Conducting of commercial activities, Trade at the residential area is certainly be construed as a public nuisance, since it is an annoyance to public at the residential area. In a civilized society, every one has a right to live peacefully without noise pollution and health hazardous atmosphere, which has been recognised as a fundamental right guaranteed under Article 21 of the Constitution of India.
Even the conduct of any trade or occupation or keeping of any goods or merchandise, injurious to health or physical comfort of the community, could be construed only as a public nuisance. The noise pollution or air pollution cannot be ruled out as an exception. As held by the Kerala High Court, in Madhavi vs. Thilakan, reported in 1989 Crl. L.J 499, with reference to Articles 21 and 47 of the Constitution of India and Section 133 Cr.P.C, it cannot be disputed that right to live includes right to live in peace, to sleep in peace and right to repose good health. The power under Section 133 Cr.P.C. is vested with the Sub-Divisional Magistrate or Executive Magistrate, in order to protect the people from the tyranny of the public nuisance, by way of removing the nuisance. It has been made clear that the Sub-Divisional Magistrate was empowered under Section 133 Cr.P.C., for removal of nuisance and to protect the people from public nuisance.
As held by the Hon'ble Apex Court, nuisance is an inconvenience which materially interferes with the ordinary physical comfort of human existence, but it is not capable of precise definition. Section 133 attracts only public nuisance, as held by the Hon'ble Supreme Court in Vasant Manga Nikumba vs. Baburao Bhikanna Naidu, reported in (1995) 4 (Supp) SCC 54. If the inconvenience or annoyance affects public at large, that has to be construed only as public nuisance. In the instant case, it has been established that Conducting Business Activities from pure residential area have caused inconvenience and annoyance to the majority of Members at Our Co-Operative Housing Society and therefore, it is only a public nuisance. Similarly, As a matter of right, no one is entitled to conduct commercial activities from residential area ,the concerned authority, empowered under Section 133 Cr.P.C., can take action to remove the nuisance.
The object and purpose behind Section 133 of the Code is essentially to prevent public nuisance and which involves a sense of urgency in the sense that if the Magistrate fails to take recourse immediately irreparable damage would be done to the public, as decided by the Hon'ble Apex court in State of M.P. vs. Kedia Leather & Liquor Ltd., reported in 2003 SCC (Cri) 1642.
It has been held by the Hon'ble Apex Court in Francis Coralie vs. Union Territory of Delhi, reported in AIR 1981 SC 746 that right to life enshrined in Article 21 cannot be restricted to mere animal existence. It means something much more than just physical survival. The right to life includes the right to live
with human dignity and all that goes along with it, namely the bare necessaries of life such as adequate nutrition, clothing and shelter in a nuisance and hazardous free atmosphere.
It is the duty of the authorities and municipal administration to remove the nuisance, in order to regulate the same, in the interest of the public. Obtaining license has been prescribed . Even if license is obtained by a person deceitfully, the affected persons can file a complaint to take action under Section 133 Cr.P.C., in order to prevent noise pollution or other hazardous condition.
* I am fighting for Public Grievance , Public Nuisance according to guide lines of The Honorable supreme court of India . Why action should not be initiated against Criminals , Law Breakers by Suburban Collector’s Office ( Suburban Megistrate), The Registrar of Housing Societies Authorities ( Deputy Registrars / Addl Registrar at Mumbai And Pune) Mumbai Police , Mumbai Municipality and The Maharashtra Government as the Public Nuisance is continued since last April./May 2009 ……almost since last 15 Months.









Mumbai Municipality Contractor Jaswant Jain ; Jaswant & Company ( Residential Flat no. A/004) has submitted proposal fraudulently to Building Proposal Department at Kandivalee ( East) Thakur Complex at Municipality Building “C” Wing, Near Sanskruti Complex,90 Feet Road, D.P. Road, Kandivalee(east),Mumbai—400 101 to change user to commercial. Our Building Plan is pure residential . We are total 112 members ; never permitted any commercial activities from residential premises. Even Society has issued notice to Jaswant Jain in Last August, 2009 to stop commercial activities. The Society letter is attached herewith. Jaswant Jain is forcefully doing business activities from our residential society. The disputed premises at Flat no. A/004 must be confiscated by Asst Engineer or Executive Engineer at Building Proposal department.
The sales agreement of each & every residential Flat at our Society invariably includes one clause and/or an affidavit that premises would be used exclusively for residence purpose only. Hence even Mumbai Municipality , Society and/or any authority do not have right to change User. This matter should be considered as pure scam case by authority. Even Bye-Law of our society does not permit any such commercial activities.A Stringent Prosecution must be initiated by all authorities against Jaswant Jain. He must be disqualified from working as a Contractor for Public Works department in The State of Maharashtra.
Mumbai Municipality Contractor Jaswant Jain is still running his office from Residential Flat A/004 and indeed creating immense nuisance for me and other members. The office remains open from around 8.30 am to night 10-30 pm or even 12.00 midnight. At least 200 visitors come daily creating horrible nuisance. He does not care for any authority and disobeying law of the state and our co-operative Housing Society. Jaswant Jain had been issued notice by our Co-operative Housing Society since last August , 2009 but not co-operating with society members. I had been complaining to almost all authorities since last April/May 2009 viz., Municipality, Mumbai Police, The Registrar of Societies authorities at Mumbai, Pune ( Mr Badhan & Mali) at Wadala ,Mumbai . But any authorities is not interested in taking strict action. Mumbai ( Borivali) Municipality .
Municipality office at Borivali(west) has just Superficially served notice on 3rd or 4 th of May, 2010 And Final notice on 15th June , 2010. Since then no action is initiated. Still Jaswant Jain is very much adamant on his decision to carry on business from society premises from Residential Flat no. A/004. But corruption is prevailing every where thereby no action is taken. Grievances had been submitted to following authorities since more than 15 Months .
At least 12 Complaints to The Respectable President of India since last August, 2009. At least 12 complaints to Mumbai Municipality. I had spoken to

P.A. of Municipality Commissioner at 11.45.am (Mr Kotwal) and on 4th June with yet another P.A. To police departments may be more than 50 since last April, 2009. To Registrar of Co-op Housing Societies more than 12 complaints since August, 2009. 3 or 4 Complaints had been submitted by email to Anti Corruption Bureau; Mumbai, Maharashtra since March , 2010. 2 complaints had been submitted to The National Human Rights Commission for violation of Human Rights . 11 Requistion sent by The President’s office to Maharashtra Government concerned departments are ignored and over-looked. Legal proceeding never initiated against offenders/ Law Breakers. Similarly Legal Requistions & Communication sent by The Human Rights Commission , New Delhi to Mumbai Police Commissioner was totally ignored by Mumbai Police Department.
I also have very serious and grave complaints against The Police Department (Inspector Mr Rajmane and DCP Range 11 did not take any action since last May/June 2010) Inspector Rajmane is just superficially investigating matter since Last November, 2009 ; he did not respond to any of my communication nor took any action in the matter. I request to please initiate investigation in the matter. In January , 2010 Borivali Police station attempted to harass me please read my series of e mails and attachments sent earlier.
Further I have very serious grievance against The Suburban Collector’s office ( Suburban Megistrate at Bandra,Mumbai) , The Registrar of societies Authorities at Mumbai, Fort, Bandra,Wadala and Pune ( I have been writing to them but no action taken by them) The Asst Engineer and Executive Engineer of Building Proposal Department at Thakur Complex , At Mahapalika Marg, 2nd Floor, C Wing ,90 Feet Road, D Road, Near St. Lawrence School,Thakur Complex, Kandivalee(East), Mumbai-400101. Telephone No:- 022—28543407 Fax no:-022—28543408 . The Asst Engineer & Executive Engineer have power & authority to stop commercial activities and seize the disputed property. I wrote to them in December , 2009 but no action initiated so far. I would request to please attach the property at Flat no. A/004 ( Jaswant Jain) considering malicious intention of breaking law and creating nuisance since more than 15 Months.

Just have a click at Various media online links at Face Book, Twitter, Linkedin , Google Blog, And ireport at CNN IBN MEDIA WEBSITE WORLD WIDE.

http://newhorizonofcorruptionatmumbaiindia.blogspot.com/

http://www.ireport.com/docs/DOC-436895

http://www.box.net/shared/va5rd60uho

http://www.box.net/shared/syd8lvdet8




http://www.facebook.com/home.php?#!/kashyapventure?v=wall&story_fbid=125880670761878

http://bit.ly/cvVUq6 #ireport
http://www.ireport.com/docs/DOC-409688
http://www.ireport.com/docs/DOC-372425

PLEASE READ CAREFULLY PAST GRIEVANCE AND DAMAGE TO MY CAR PARKED AT SOCIETY PREMISES ALSO AS GIVEN BELOW :-

Today ( ie on 5 th July 2010) again the sequence of damaging my Alto Car has resumed. Left back tyre is punctured deliberately with Very razor-sharp Nail by and large used by Cobbler or Shoemaker .

What one can presume about providing cover to criminals by the state government so called responsible ( truly irresponsible ) departments . I have been struggling since more than 15 Months but fail to achieve positive result. Just read all the JPG files by clicking above web-links.

Again I had to call The Commissioner of Police on Telephone no. 022—22633333 on Saturday , 30th April ,2010 as nuisance from Jaswant Jain ( Running unauthorized commercial activities from our residential society without permission of members ) had started at Night 10.30 .Business Visitors were deliberately colliding & Crashing into my drawing room main entrance so as to irritate and harass me. Intention is crystal clear to harass and compelling me to evacuate my residence for his convenience. Further my Alto Car parked at Society premises is being damaged deliberately and constantly since April 26 , 2010 to 1st May, 2010. In all one Front Tyre and two backside Tyres were Damaged with Very razor-sharp Nail by and large used by Cobbler or Shoemaker. It has given me massive psychological pain. I had to waste my valuable time for repairing together with cost of around Rs 600 to 700/- . Tyre Tubes were damaged in a process. I am fearing more damage to my car. If any stranger tampers with car brake system , Suspension System or critical mechanism of car it would be highly hazardous for me and my family. Apart from above nuisance one serious complaint is throwing exactly infront of my main entrance very dirty rubbish consisting of remainder after consumption of matured mangoes .

I do not have any solid evidence about the mischief maker accountable for harassment ; But have suspicion over Mr Agrawal ( Flat no. A/006) and Mr Jaswant Jain ( Flat no. A/004) and his employees. Both the members are using residential premises unlawfully for business purposes.



Our Society chairman Mr Rajni Gandhi and Secretary Mr Nitin Parmani were present during the proceedings. Mr Gandhi had very transparently disclosed before concerned Police Officers that our society is pure residential society as per Mumbai Municipality Plan ( Commercial activities are strictly prohibited) Further Society had issued official notice to Mr Jaswant Jain in August , 2009 to stop commercial activites . But unfortunately Jaswant Jain is not complying with Society rules & regulations nor he bothered to give reply to notice issued by society ( signed by Secretary Nitin Parmani ) . Concerned Police officer had instructed Jaswant Jain to give reply to society notice served in August , 2009 .

The Police officer had also given very ideal proposition to Chairman Mr Rajni Gandhi ie., to take signatures of maximum possible members on one official letter by society addressed to Borivali ,West , Police station . With providing full details of nuisance ( commercial activities by Jaswant Jain at Flat no. A/004) continued since more than a year. And that to initiate Action to stop nuisance . The learned police officer clearly mentioned that problem would be sorted out by him permanently. I am expecting co-operation from Chairman and Secretary.

Police officers from Borivali (west) police station had taken photographs ( on 23/04/2010) of disputed premises. I would Appeal all authorities ( including supreme court of India) to please recover evidence from concerned police officers.

I had to call police on 23rd April at 10.30 Night on facing immense harassment by commercial activites at residential area from Flat no. A Wing , No. 004 on Ground Floor . But Police did not take any action to stop business activities from our Residential Peacefull area. Police advised me to go to court. Why I should go to court ? Police , Municipality and Registrar of Housing Society are duty bound to take action against law breakers. I am not engaged in any unauthorised activities . I want peacefull living with my family.

The office at residential remains open from early 8.30 am to late 11.00 or 12.00 night.

I am expecting and have apprehension of fictitious criminal case being created against me by One of Criminal ( doing business activities from residential premises) Jaswant Jain with the help of Local Corrupted Police Station and Criminal Lawyer. Please read the attached files.

They might be planning to create fabricated serious charge to be leveled against me VIZ; Sexual abuse of woman / girl , Drug Peddler/ Drug Dealer at our Co-operative Housing Society . In the past ( April/May 2009 ) he had given me threat in the name of local man Ratansingh . I do not have any evidence against Jaswant Jain, but once he had sent Police officer Thakur to my


residence on 8 or 10 th of January , 2010. Please refer to my earlier e mails and attachments sent. Intention of Police officers Thakur and Kulkarni was to harass me . But when I disclosed my identity as Member of Janhit Manch the attempt to harassment was dropped .

I am sending this mail note to all authorities , and my friends to take on record full facts. I would request The Anti Corruption Bureau to please help me expelling such criminal minded member from our co-operative housing society .
Further Jaswant Jain must be disqualified from operating as a Municipality Contractor or Any Publics Works Departments in the state of Maharashtra . How one can expect any immoral , Corrupt and criminal minded person like Jaswant Jain to make available justice to public works . Expecting sharp and Justified proceeding against criminals.

PLEASE TAKE NOTE OF HARASSMENT BY MUMBAI POLICE AND MUNICIPALITY TO ME AND MY FAMILY IN JANUARY , 2010 .

I was further surprised to have municipality officer visited my above named Residential Premises on 08/01/2010 with inquiry and complaint received against me for doing unauthorized repairing and renovation work . I had been carrying out normal renovation and repair work to my above named property on the same procession and form already carried out majority residential member of our co-operative Housing Society. Instead of initiating penalizing action against offender I was being targeted to harass and panic me & my family ; objective is crystal-clear to compel me pulling back or withdraw my complaint. It appears to be alarming for our judiciary system and demanding rigorous action against all offender.

To my surprise officer Mr Thakur from Borivali(west) , Police Station had visited my residence On 10th January , 2010 frightening me to take penal action against me for carrying out so called my residence. He had forcefully taken me to Borivali , west , Police station and detained me for atleast 2 hours on Sunday afternoon at 1.00 noon to 3.00. I had lodged complaints to The Ministry of Home affairs. The said authority had directed the National Human Rights Commission , New Delhi to take appropriate action in the matter. Police officer Thakur insisted me forcefully to have sit on his bike at our society Premises ; society compound simply to disgrace me. His intention was very much clear to humiliate me in front of society residents . After departure from our area that is hardly 1 minutes walk he told me to take auto-rickshaw. The intention of police officer was crystal clear to insult me in accordance with instructions given by Offender Jaswant Jain. This is very ……….. transparent incidence of human right violation. It is an attack on my dignity ; This is a Gross violation of Constitutional Basic and Human Right to live peacefully with dignity. I also wish compensation for defamation from Police Department .




My objection to the Mumbai Municipality and Mumbai Police Departments and Maharashtra State Governmnet is that I have submitted more than 40-50 even more complaints but not at all action is initiated against offenders breaking law since last 15 months or exceeding 1 to 4 years. Then how they acted so quickly within 1 or 2 days ; clarification is sought from Police and Municipality departments. This is a Gross violation of Constitutional Basic and Human Right to have equality before law.

We have more than 111 members at our society out of which at least 60 % to 70 % ( may be more) have renovated their residential flats on the same form and manner I have done at present to my flat at A/003. I am just following other members to carry out renovation and repairs to my Flat. Hence I request you to please visit and verify each and every Residential Flats at our premises and take suitable action.

I provide you A case in point of Managing Committee member Jagwani Staying at B/711 ; 7 th floor . Jagwani had made unauthorized renovation to his terrace flat since many years say 10 or even 15 years. He has encroached upon common space / passage of society premises. The disputed construction is made to cover common lobby/passageway to his residence. Even unauthorized construction is also suspected on terrace by Mr Jagwani. ( Bogus & Fabricated charge to panic me)

There are so many such renovations had been or have been carried out in at least 65 % to 70 % of Flats out of total 112 flats. Then why I am being targeted.

The persons complaining against me is Jaswant Jain and one more member Agrawal carrying out unauthorized Business activities from our residential premises from Residential Flat nos A/004 , A/006 on Ground floor. It is certainly revengeful action by Jaswant Jain and Agrawal to counter attack me and harass me for submitting complaint against them.

Mr Jaswant Jain is conducting business from Residential Area. The agreement for Sale (Flat no. A-004) And other offender members agreements clearly include one affidavit or sworn statement that The Flat would be used only and exclusively for Residential Purposes. The Purchaser/s( Mr Jaswant at Flat no. A-004) shall not use the said premises for any purpose than as Residence and the Garage/Parking Space for parking of car only.

For converting residential premises into commercial premises a proposal is to be submitted to local authority( Mumbai Municipality) through Architect / Licensed Surveyor with prerequisites e.g. Application for cc, Notice u/s 342, Plans, existing building plans, occupation permission, D.P. Remarks, NOC from Co-operative Housing Society, stability certificate from Structural Consultant .




Further The Police Department or any State Government Authority can take out copy of our Building Plan ( Premnagar Bldg No 5 Co-op Hsg Society) in Map layout as well as in writing from Executive Engineer ; Bldg Proposal Department at Mahapalika Marg, 2nd Floor, C Wing, 90 Feet Road, D Road, Near St. Lawrence School , Kandivalee (east), Thakur Complex, Mumbai—400101 .Telephone No: 022—28543408. The copy of Building Plan would give ample evidence to verify pure residence category of our residential society.

Has Mr Jaswant and other Members ( Owner of Residential Flat no. A – 004 at Ground Floor) has complied with procedure for converting residential premises into Commercial premises.? Is NOC of the Co-operative Society Obtained ? Simply No. Other members conducting business activities have also not complied with the statute requirement of State.

This is the clean and very transparent case of Unauthorised use of Residential Premises for Commercial Purpose without permission of Mumbai Municipality And Society Authorities. Our Society and we the Members have not permitted any such commercial use . Secretary and Managing committee members do not have power to permit any such commercial activities. Our society Bye-laws do not permit any kind of business activities from society premises. No resolution is passed at AGM of Members of our Co-Operative Housing Society to permit commercial activities from society premises. Commercial activities is continued forcefully and unlawfully against Society Members compliance and rules & regulations. This is simply breach of state law. Even if any member has received Shop & Establishment Authorisation , or Sales Tax Registration or any kind of permit fraudulently and dishonestly for carrying on business at residential area it is treated as forged or bogus documents with no validity.

The Offenders members ( doing business activities) have obtained fraudulently and illegally Fake , Forged Permits, Authorisation, Shop & Establishment Certificates, Licenses with the help of Municipality officers, Govt Servants at Mantralya. Change of user from Residence to Business is done deceitfully .

Complaint to Police is to be made on the matters of:-
1) Nuisance carried out by unauthorized use of flat / shop / parking space / open space by member or builder.
2) Threatening / assault by or to the member of society
3) Creating noise after prescribed deadline hour in the evening

Please read the word Unauthorized use of Flat. Even any legal form of business is prohibited from Residential Premises.

Please read news from Judicials Reforms , February 2006 & Tribune Noida in 2005

On 16'" February 2006, the then Chief Justice of India, Y.K. Sabharwal passed a detailed order setting into motion the process of sealing of properties in designated


residential areas of Delhi which were being used for commercial purposes. In the drive that followed to implement the order, thousands of premises being used for commercial purposes such as shops and offices, many of which had been functioning for decades, were sealed, forcing them to buy or rent premises in shopping malls and commercial complexes. This sealing went on relentlessly under the continuous supervision of Chief Justice Sabharwal's bench, monitored and directed by a Court appointed monitoring committee.

House allotment cancelled for commercial activity
Our Correspondent
Noida, August 9
The Noida authority cracked the whip on allottees who were using their residential premises for commercial purposes. The authority has cancelled the allotment of six houses and issued notices to another 172 allottees on complaints lodged by residents welfare associations (RWAs) of the respective sectors. They have been warned to stop commercial activities on their premises. Besides, the allotment of five others have been suspended for not having deposited the allotment money within the time limit.
According to a spokesman of the authority, residents welfare associations had complained against residential premises being misused for commercial purposes in their respective sectors. The Noida authority had sent notices to the offenders. Most people had stopped the commercial activity.
Noida engineers, in a survey, found that in some 176 residential houses and plots commercial activity was still being carried on. Notices to some of them had already been sent but to no effect.
CEO Avnish Awasthi then passed cancellation orders for certain houses as per the report. The allotment of houses of Ravinder Kumar (E-253), Krishan Kumar (E-177), B. Kishore (E-84) in Sector 27, Jagjeewan Prasad, H-84, Sector 22, and Vidhya Devi Y-358A, Sector 12 here have been cancelled by the Noida CEO. Notices to another 172 allottees have also been sent, it is learnt.

This is Gross violation of State Law as well as violation of Basic & Fundamental Constitutional Human Rights Guaranteed by The Constitution of India.

PUBLIC INTEREST GRIEVANCE

Public Interest Grievance is meant for enforcement of fundamental and other legal rights of the people . who are weak, ignorant of legal redressal system or otherwise in a disadvantageous position, due to their social or economic background. Such complaint can be initiated only for redressal of a public injury, enforcement of a public duty or vindicating interest of public nature. It is necessary that the complaint is not filed for personal gain or private motive or for other extraneous consideration and is filed bona fide in public interest.

Our demand is our Basic and fundamental Human Right to Life ,Right to live peacefully and Right to Live with dignity. An activist judiciary has also served to



expand the scope of fundamental rights to incorporate economic and social rights as well. Progressive and creative judicial intervention expanded the scope of Article 21 of the Indian Constitution which guarantees the Right to Life. Justice Krishna Iyer and other activist judges, through a series of very significant judgements, drew extensively from human rights law, to conclude that the right to life means the right to live with dignity, and that the right to live with dignity includes the right to livelihood, right to education and right to health.

PRAYER / RELIEF IF ANY SOUGHT

It is therefore, most respectfully prayed to please :-

Issue an appropriate Writ,order or direction including a Writ directing all offenders to ensure due protection to all members at our Residential Co-OP Housing Society. normal undisturbed life and prevent violation of all members’ Basic & Fundamental Constitutional Rights under Article 21 of the Constitution of India. And offenders be further directed to ensure that those directions are forthwith complied with.

Issue a writ petition or a writ order of directions to all offenders to adhere to the Universal Declaration of Human Rights for protecting all Members life, survival and peaceful existence at our residential co-operative Housing Society. And to further ensure that Articles 21 of the constitution of India is fully complied with.

It is very earnestly and respectfully submitted to please kindly stop Business Activities from Our Society Premises at Prem Nagar Bldg No. 5 Co-op Hsg Society Ltd. All such offenders Flats/Properties must be confiscated & forfeited by the Maharashtra State Government. Further any commercial activities from our co-operative housing society must be stopped Permanently . It is respectfully submitted to please lay for display the judgement and order passed by The Supreme Court of India on the notice-board of our Society premises.

It is further respectfully submitted that Strict Notice in the format of warning should be inscribed on wall at all prominent and noticeable spots in our Society that Commercial Activities are strictly prohibited in this Society vide order no.____ dated _____ of the Honorable Supreme Court of India.

It is most respectfully submitted to please compensate me and my family an amount of Rs 50,00,000/- ( Fifity Lakh) by the Maharashtra State Government and its Departments for violation of human rights and causing immense harassment to my family for nearly more than 15 Months. Please read my petition filed (WRIT PETITION S NO.13020,Diary No.26411 (CIVIL) OF 2009) with The Honorable Supreme Court of India in August/September , 2009. Petition is attached herewith for reference of all the authorities. Please read




for more elucidation write up on Damages / Compensation to Citizens and Court judgments.


CAN CITIZENS SEEK DAMAGES / COMPENSATION
http://commonlaw-sandeep.blogspot.com/2009/11/can-citizenry-seek-damages.html

Offender Member Jaswant Jain( Jaswant & Company) must be disqualified from operating as a Municipality Contractor or Any Publics Works Departments in the state of Maharashtra . How one can expect any immoral , Corrupt and criminal minded person like Jaswant Jain to make available justice to public works . Expecting sharp and Justified proceeding against criminals. Jaswant Jain is involved in Cognizable Offence ( please refer Delhi High Court ruling for similar matter) And Criminal Offence ( Under Maharashtra Rent Control Act 1999) came into force from 31-3-2000.

It is most respectfully submitted to disqualify Jaswant Jain from membership of our Prem Nagar no.5 Co-op Housing Society Ltd , Borivali(west), Mumbai—400092 under Maharashtra( Mumbai) Co-Op Hsg Society Ltd Act with retrospective effect ie 2005-06 as he had been violating fundamental terms conditions and affidavit since 2005-06. The agreement between The Housing Society ( sale agreement) and any Member clearly indicates the property would be exclusively used for residence only. Hence the contract of Member Ship is void from the very first day. As intention of Jaswant Jain was fraudulent while applying for member ship of Premnagar no. 5 Co-op Housing Society. Any fraudulent and/or cheating would render the contract of membership between The Co-Op Housing Society and Offender Jaswant Jain void . The subject matter of Contract or condition is necessary for the enforcement of contract. Also Mahesh Agrawal ( Flat no. A-006) must be expelled from Society Membership for violating basic condition necessary for continuation of society membership and acting deliberately against society Bye-laws and creating nuisance at society since almost 2 years.

It is most respectfully submitted to please initiate action Under Anti-Corruption Act 1988 against Borivali( Bombay) Municipality , Mumbai Police , The Registrar of Housing Society Authorities , Pune, Mumbai And The Suburban Collector’s office at Bandra,Mumbai. Please read the Mumbai High Court Judgement cited in earlier paragraph. Further the Mumbai Municipality officer,employees and/or commissioner , Asst Engineers must be strictly punished for issuing forged License, Permit , License under shop & establishment act or any such authorization to Carry on Trade , Business from
Residential area. All the above named officers must be punished under Anti Corruption Act 1988 by Anti Corruption Bureau as well as C.B.I.





It is most respectfully submitted to please initiate strict action against persons doing harassment to me and my family since more than 15 Months.
Constantly Damaging my car parked at Society Compund since last 26th April , 2010 . Business Visitors were deliberately colliding & Crashing into my drawing room main entrance so as to irritate and harass me. Intention is crystal clear to harass and compelling me to evacuate my residence for his convenience. Further my Alto Car
parked at Society premises is being damaged deliberately and constantly since April 26 , 2010 to 1st May, 2010. In all one Front Tyre and two backside Tyres were
Damaged with Very razor-sharp Nail by and large used by Cobbler or Shoemaker. It has given me massive psychological pain. I had to waste my valuable time for repairing together with cost of around Rs 600 to 700/- . Tyre Tubes were damaged in a process. I am fearing more damage to my car. If any stranger tampers with car brake system , Suspension System or critical mechanism of car it would be highly hazardous for me and my family. Apart from above nuisance one serious complaint is throwing exactly infront of my main entrance very dirty rubbish consisting of remainder after consumption of matured mangoes . I do not have any solid evidence about the mischief maker accountable for harassment ; But have suspicion over Mr Agrawal ( Flat no. A/006) and Mr Jaswant Jain ( Flat no. A/004) and his employees.

Very Rigorous Action must be taken against Mahesh Agrawal to stop selling highly inflammable tubes & tures from society premises.

Both the disputed residential properties ( Flat no. A/004 & A/006) must be confiscated by an appropriate Maharashtra state and/or central government authority.

Please read A Presentation by Ministry of Home Affairs Govt of India on Indian Police Structure

A Presentation by Ministry of Home Affairs Govt of India

Political Structure of India

Each State has an elected legislature . Majority party forms the State Government.
Entire country elects its Members of Parliament. Majority party forms Government at the Center.

Political Structure of India

CONSTITUTION OF INDIA defines powers and functions of State and Central Governments. In the State, the Govt. is headed by the Chief Minister and his Council of Ministers. At the centre the Govt. is headed by the Prime Minister and his Council of Ministers.

Law & order is State subject and hence Police is in the charge of State Governments.



Hence maintaining Law and Order in State is basic responsibility of the Police Department Vis-à-vis The State Governments under The Constitution of India as per presentation by The Ministry of Home Affairs Government of India on Indian Police Structure. Also protection of Constitutional Human Rights under the constitution of India is a prime accountability of the Police Department Vis-à-vis The State Governments. Violation of Basic & Constitutional Fundamental rights (Guaranreed by The Constitution of India) is a crime against ………. The State , The


Nation , The Nationality, The Citizen of India and The Humanity. Please provide me clarification why action can not be initiated by State Government and its departments( Viz, Police ,Municipality) without any prejudice ; whether collectively or individually. The department has to co-ordinate with each other to take action.

Judgment of Salem Advocate Bar Association, Tamil Nadu Vs. Union of India (UOI), (2005) 6 SCC 344, paras 38, 39.

In Salem Advocate Bar Association, Tamil Nadu Vs. Union of India (UOI), (2005) 6 SCC 344, paras 38, 39 the Hon'ble Supreme Court has observed and directed “… Wherever the statutory provision requires service of notice as a condition precedent for filing of Cases, it is not only necessary for the Governments or departments or other statutory bodies to send a reply to such a notice but it is further necessary to properly deal with all material points and issues raised in the notice.

The Governments, government departments or statutory authorities are defendants in a large number of Cases pending in various courts in the country. Judicial notice can be taken of the fact that in a large number of cases either the notice is not replied to or in the few cases where a reply is sent, it is generally vague and evasive. The result is that the object underlying Section 80 of the Code and similar provisions gets defeated. It not only gives rise to avoidable litigation but also results in heavy expenses and costs to the exchequer as well.

A proper reply can result in reduction of litigation between the State and the citizens. In case a proper reply is sent, either the claim in the notice may be admitted or the area of controversy curtailed, or the citizen may be satisfied on knowing the stand of the State. There is no accountability in the Government, Central or State or the statutory authorities in violating the spirit and object of Section 80… These provisions cast an implied duty on all Governments and States and statutory authorities concerned to send appropriate reply to such notices.

Having regard to the existing state of affairs, we direct all Governments, Central or State or other authorities concerned, whenever any statute requires service of notice as a condition precedent for filing of suit or other proceedings against it, to nominate, within a period of three months, an officer who shall be made responsible to ensure that replies to notices under Section 80 or similar provisions are sent within the period stipulated in a particular legislation. The replies shall be sent after due application of mind. Despite such nomination, if the court finds that either the notice



has not been replied to or the reply is evasive and vague and has been sent without proper application of mind, the court shall ordinarily award heavy costs against the Government and direct it to take appropriate action against the officer concerned including recovery of costs from him.”.

If Public Officials will act diligently, reasonably and responsibly, the writer will not have the occasion to knock the doors of Justice. The Public officials are impressed about this letter to this Court, in the hope that they will reply to the notice while
properly addressing the points so raised. Enclosed, please find copy of a legal notice letter sent to Public Official.

We are of the view that - the Petition so if filed, can safely be said to be avoidable, the Petition can safely be said to be causing loss of precious time of the Court, though at the instance of these

Respondent Public officials.
Legitimate Expectation: Strict enforcement of Law established by Hon’ble Supreme Court in Salem Advocate Bar Association, Tamil Nadu Vs. Union of India (UOI), (2005) 6 SCC 344, paras 38, 39, in the event Public officials refuses to reply notice as per law established by Hon'ble Supreme Court in cited case hereinbefore.

Please note that if any kind of strict action is not initiated it would be interpreted as contempt or disrespect of The Constitution of India and human rights granted to the citizen of India under article 21. Action is inevitable for infringement of any of the Fundamental right as provided from Article 14 to Article 32 of the Constitution of India.

For more details please click at following Media weblinks :-

http://www.ireport.com/docs/DOC-409688

http://www.ireport.com/docs/DOC-372425

I hope the above contention would clarify any reservations and vagueness about the subject matter under dispute.


With regards
Smt Reena Kashyap Vyas ( mail to reena@kashyapfinance.com )
And Kashyap Vyas ( mail to kashyap@citizensvigilanceforum.com )

I also requested for security and protection from police department but unfortunately there is no reply from them.. I am social worker and Human Activist fighting for social justice and cause.
From: Kashyap mailto: kashyap@citizensvigilanceforum.com
Kashyap Vyas ( From Borivali , west, Mumbai –400092.)


Address:-
Prem Nagar Building No. 5, A wing, Flat no. 003, Off S.V.P. Road,
Borivali(west),Mumbai-400092. Maharashtra. India.
Human Rights Activist And Social Activist From Mumbai . India.
Patron Life Member of Janhit Munch , Vile-Parle (west) Mumbai.
Also Managing Committee Member of Janhit Manch From APRIL 2010 TO MARCH 2015( 2010-11 TO 2014-15)
WEBSITE LINKS :- www.fastjustice.org And www.janhitmanch.org
Member of The All India Human Rights & Citizen Option , Kandivalee(west),Mumbai.
Member of Amnesty International For promoting and upholding human rights around the world!
Mobile Numbers :- +91 9819995872 & +91 9221240810