Sunday 12 May 2013

Airport Scam by MMRDA, MIAL, SRA, Collector Western Suburban, AAI, BMC, HDIL & others Affidavit in High Court in Writ Lodging no 1185 of 2013


IN THE HIGH COURT OF JUDICATURE AT MUMBAI
ORDINARY ORIGINAL CIVIL JURISDITION
WRIT PETITION (L) NO. ­­­1187 OF 2013
WRIT PETITION NO. ­­­_____OF 2013


Mumbai Taximen Sangathan                             ….Petitioner

Versus

Union of India & others                                    …Respondents


Affidavit

I, Sanjay Khemka, aged about 53 years,  adult, Indian Inhabitant and the petitioner above named , situated at 514, MIDAS, Sahar Plaza, Andheri Kurla Road, Andheri East, Mumbai 400059, do hereby solemnly affirm as under:

1.      I say that the above mention Writ filed by the present petitioner before this Hon’ble Court raising the very hyper sensitive issue about the security threats to our airports in Mumbai.

2.      I say that the petitioner had made the parties like Mr. Naseem Khan, Minister of State, Government of Maharashtra as respondent no. 11, Mr. Sharad Pawar, President NCP as respondent no. 12, Mrs. Sonia Gandhi, president Indian National Congress as respondent no. 13, the Hotel Sahara Star as respondent no. 14 and other respondent who are failed to perform their legal duties willfully and deliberately.

3.      I say that during the research about the security concerns in and around the airports, the petitioner finds the shocking pieces of evidence which proves the nexus between the respondents, builders’ mafia, hotel and travel mafia and also the illegal encroachers on the airport land in and around airport. It is pertinent to note that the leaders of all political parties are building their offices in and around airport and indulged in making illegal structures on the airport land.

4.      I say that during the research about the security concern of the airports the petitioner found various judgments of  this Hon’ble High Courts as under:

a)      Writ Petition no. 1956 of 2006 titled Hotel Sahara Star versus State of Maharashtra and others in which the Government of Maharashtra had given the extra FSI to the Sahara Star Hotel even the Joint Commissioner of police Law & Order had clearly mention in his letter to the Principal Secretary, Urban Development on 08/09/2006 stating that …”May cause the serious the security concern with respect to the safety of the domestic airport”. It is pertinent to note that the State of Maharashtra had given permission to the Sahara Star Hotel i.e. respondent no 14 that they may construct… “3 basement + ground floor+5 upper floor structure. And also provide 672 no. of parking space (209 on each basement) against the required 422 parking spaces as per D.C.R…” the copy of the order dated 30/03/2007 passed by the Division Bench of Hon’ble Mr. Justice F.I. Rebello and Hon’ble Mr. Justice Anoop V. Mohata is enclosed as Exhibit –K.

b)      I say that the respondent no. 14 is violating the permissions as mentioned above and the construction of the hotel is not as per the approved plan specifications and also they are running the Ambey Valley, and other offices in the basement of Sahara Star or the respondent. The copy of the screen shot of the website of the Ambey Valley is enclosed as Exhibit-L. it is pertinent to note that the petitioner had filed the RTI application with the office of respondent no. 5 and the office of the Principal Secretary, Urban Development. The copies of the said RTI applications are annexed as Exhibit-M( collectively) .

c)      I say that the present petitioner had informed the respondents as well as to the concerned authorities about the violation of the permissions by the respondent no. 14 as mentioned in the order of Writ Petition no. 1956 of 2006 titled Hotel Sahara Star versus State of Maharashtra and others. The copy of the said application are annexed as Exhibit-N.

5.      I say that the respondent no. 7 had awarded the slum rehabilitation project in and around airports or on the airport land to one builder Housing Development Infrastructure Limited on 15/10/2007 with the following conditions which are very much clearly mentioned in the order passed the single judge of this Hon’ble High Court in Arbitration Petition lodging no. 1538 of 2012 and Appeal lodging no 854 of 2012 in Arbitration Petition lodging no. 1538 of 2012. The copy of the orders passed by the Hon’ble High Court in Arbitration Petition lodging no. 1538 of 2012 and Appeal lodging no 854 of 2012 in Arbitration Petition lodging no. 1538 of 2012 are annexed as Exhibit- O & P respectively.

                                                                                                                                    I.            The builder is entitled to receive 65.20 acre land from the airport land out of about 276 acre of land.

                                                                                                                                  II.            The builder has to pay the cash deposit of Rs. 300 crores, by 30/11/2008 in the way of performance guarantee as per the clause 8.1 of the agreement as, amended by deed of confirmation dated 14/10/2008 but not paid by the HDIL till date.

                                                                                                                               III.            The builder has to reimbursement to respondent no. 7 of amount of Rs. 25 crores paid by the respondent no. 7 to the MMRDA under the agreement dated 12/12/2006 between respondent no. 7 MMRDA by 14/04/2008 as per 3.1 (q) (v) of the agreement but not paid by the builder till date.

                                                                                                                               IV.            The builder is failed to pay the fee Rs. 15 lacs to the PMC (MM Consultants Private Limited) due to the act of builder HDIL, the consultant hold the amount of Rs.1616152-00 of the respondent no. 7.

                                                                                                                                 V.            The builder is also failed to pay Rs. 25 crores to the MMRDA vide their letter dated 21/04/2011.

                                                                                                                               VI.            The said airport land slums project should be completed in a phase manner as under:

a.       Phase 1 (i) by 14/04/2009
b.      Phase 1 (ii) by 14/10/2009
c.       Phase 1 (iii) by 14/10/2010
Phase 2 should be commence by 14/10/2010 but nothing is happened till date


6.      I say that it is very strange that the builder/HDIL has not paid the performance guarantee worth Rs. 300 crores in cash since 30/11/2008 but till date nothing is happened. It is pertinent to note that the respondent no. 7 loose minimum Rs. 108 crores in the way of interest (@9% per annum for 4 years).  It is pertinent to note that the respondent no. 7 is taking this loss willfully and deliberately with the connivance of corrupt officials of Urban Development Ministry, MMRDA, SRA, Builder HDIL, collector suburban and others for their own personal gains and benefits. It is further pertinent to note that the airport land is the public property and not the personal property of respondent no. 7.
  
7.      I say that the respondent no5, 7, 8, 10, 14 and the builder HDIL, MMRDA, the collectors suburban, the Urban Development Ministry, the Airport Authority of India and the State of Maharashtra are friendly fighting the litigation/cases in the court of law just to show the public at large that they are fighting for their rights in the court of law but it is mere an eye wash.

8.      I say that after filing this present writ petition, RTI Applications and the other applications with the different authorities about this scam which is worth more than Rs. 15000 crores and the petitioner is getting threats with the warning that if the petitioner not going to withdraw or stop or to continue his proceedings then the life of the petitioner and his family will be made hell and also getting threats that if the petitioner is not going to leave the city of Mumbai then they will eliminate the petitioner and his family along with his supporter.

In the above mentioned facts and circumstances, crystal clear prove that all the authorities and all the respondents are hands and gloves with each other and this is a very big scam worth more than Rs. 15000 crores and also the grave threats to our airports due to the action of the respondents and the authorities, therefore the petitioner pray that:

A.     This Hon’ble Court may allow the petitioner to make the parties to the MMRDA, SRA, Urban Development Department, Housing Development Infrastructure Ltd, Chief Fire officer & the Collector Suburbs, Bandra in present writ petition in the interest of natural justice.

B.     This Hon’ble Court may direct the Central Bureau of Investigation to register the crime/or conduct the investigation of the slum development project on the airport land.

C.     This Hon’ble court may direct the respondent no.1, 2, 4, 5, 6, 7, 8, 10 to take immediate necessary legal action against the respondent no. 14

D.     This Hon’ble Court may direct to provide the security to the present petitioner and his family along with another office bearer i.e.  the secretary of the present petitioner.

E.      Any other further order or directions deem fit and proper by this Hon’ble Court.
Place: Mumbai
Date: 13/05/2013
Sanjay Khemka
Petitioner in Person

Verification

I, Sanjay Sitaram Khemka, 514, MIDAS, Sahar Plaza, AK Road, Andheri east, Mumbai 400059, Do hereby state and declare that on solemn affirmation that whatever has been stated in the paragraphs 1 to 15 of the present petition are true and correct to best of my knowledge and belief and I believe the same to be true.

Solemnly Affirmed at Mumbai
This 13th Day of ­­­­May, 2013
Sanjay Khemka
Deponent





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