Mumbai, Dec 1, (PTI):
In the wake of the Adarsh housing scam, the Navy has found that a ''huge number'' of its plots were encroached upon, a top Navy official said on Wednesday.
"We have started the exercise of identifying plots, its owner and the acquisition...whether they belong to Defence or Revenue department. We are checking all the records of land holdings to ascertain whether it is in jurisdiction of Defence or Revenue department. We will be reclaiming all our Defence land," Western Naval Command chief Vice Admiral Sanjeev Bhasin told reporters on board aircraft carrier INS Viraat.
"A huge number of our plots are encroached upon, like in Mumbai's Navy Nagar, Geeta Nagar, Ganesh Murti Nagar and Sunder Nagar areas and also at Kalyan in neighbouring Thane district," he said.
On the Geeta Nagar plot, the Maharashtra Government had assured that the slum dwellers would be rehabilitated under the SRA scheme by 2011, he said. The Kalyan plot is encroached by farmers for agriculture, he said.
"It is believed that the land is in possession of the Defence but it is still not clear who is the actual owner of the plot. So the matter is in the court. The owner is either the Defence or the Revenue department of the state government," Bhasin said, commenting on the Adarsh housing issue.
The issue needs to be resolved. There are irregularities in sanctioning, allotment and the environmental CRZ clearance. These issues are now being looked at, he said.
Asked why the Navy took such a long time to take cognisance of the Adarsh scam, he said, "I agree that somebody should have taken a note of the fact that such a huge building was coming up."
"It (Adarsh) is a subjudiced matter now, so it would not be appropriate for me to say what should have been done or not," the officer said.
Asserting that action would be taken against any Navy officer found involved in the scam, Bhasin said, "We are not holding any internal enquiry yet and are relying on the CBI enquiry."
Adarsh scam: Navy says huge number of plots encroached upon
The emoluments of Army top brass as purportedly declared by them while procuring flats in Adarsh Society here has surprised the CBI which is approaching the Defence Ministry to seek clarification on whether an Army Chief was being paid only Rs 23,450 per month.
Adarsh: CBI wants info from MoD on salary of top army officers
AT EASE WITH GREASE: General Deepak Kapoor may seem like a terrible aberration. But BRIJESH PANDEY finds the rot runs deeper in the army
Showing posts with label CEO. Show all posts
Showing posts with label CEO. Show all posts
Friday, December 3, 2010
Wednesday, March 31, 2010
Nationwide rampant encroachment of Defence Lands
LOK SABHA
Some Defence land under the management of various authorities is under encroachment or illegal occupation. The state-wise details are as follows:
click image to read data
Any encroachment of Defence lands is liable for removal and also for payment of damage charges as per the law. Hence loss caused, if any, is recoverable. The action for eviction of the encroached lands is taken under the provisions of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 and Cantonments Act, 2006.
This information was given by Defence Minister Shri AK Antony in a written reply to Shri Somen Mitra in Lok Sabha on 30 Nov 2009. PK / RAJ
Encroachment of Defence Lands
Comment:
The AHQ need to vigorously pursue encroachment cases diligently. Area Commanders are responsible for securing and upkeep of Defence Lands. Sadly they close their eyes when they get paltry personal favours from the encroachers, conmen, hoodlums and Political Criminals. Sukhna Land scam is only the tip of the iceberg. The Defence Minister instead of preaching in the Lok Sabha need to fight the Land Grabbers and MOD bureaucrats on the ground and not on paper!
Some Defence land under the management of various authorities is under encroachment or illegal occupation. The state-wise details are as follows:
Any encroachment of Defence lands is liable for removal and also for payment of damage charges as per the law. Hence loss caused, if any, is recoverable. The action for eviction of the encroached lands is taken under the provisions of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 and Cantonments Act, 2006.
This information was given by Defence Minister Shri AK Antony in a written reply to Shri Somen Mitra in Lok Sabha on 30 Nov 2009. PK / RAJ
Encroachment of Defence Lands
Comment:
The AHQ need to vigorously pursue encroachment cases diligently. Area Commanders are responsible for securing and upkeep of Defence Lands. Sadly they close their eyes when they get paltry personal favours from the encroachers, conmen, hoodlums and Political Criminals. Sukhna Land scam is only the tip of the iceberg. The Defence Minister instead of preaching in the Lok Sabha need to fight the Land Grabbers and MOD bureaucrats on the ground and not on paper!
Bureaucrats grab Defence Lands in Mumbai
NDTV Correspondent, Wednesday March 31, 2010, Mumbai The Golibar slum in Mumbai's Santa Cruz suburb is the site of a new controversy over Defence Land.
The Air Force alleges that a set of six buildings have illegally come up on 12 acres of its land which could be worth several hundred crores, with the connivance of government officials.
The buildings are part of government slum rehabilitation scheme but the Air Force has alleged that it is defence land which the state government has grabbed without permission.
The Air Force has taken the state housing agency MHADA and the private developer Shivalik Ventures to a city court. It wants the buildings to be demolished.
Nearly 26,000 slum dwellers are to be rehabilitated through this multi-crore project and now many are worried as to what will happen if land ownership is being disputed.
Kalimuddin Sheikh says, "All the locals here were supposed to be rehabilitated on plot number 13 ...MHADA was claiming that it is their land now the defence has made counter claim..."
"I don't think so the project is being carried keeping the SRA norms in mind...", adds another resident, S Atamaram.
Government officials refused to come on record, but they say the Air Force had already lost control of the land because it was encroached by slums. The state housing board says they have documents showing the land belongs to them. Also the project was cleared by another department, the Slum Rehabilitation Authority.
Shivalik Ventures has denied any illegality. It claims it has not built anything on Air Force Land.
"The buildings have not come up on Air Force land but on an adjoining plot. We have received all the necessary clearances from the government. We have not been served any notice on the case", they say.
The claims and counter-claims on this disputed land will now be tested in court.
Air Force moves court over land grab in Mumbai
Saturday, March 27, 2010
MOD Land Lease scam: Prestigious Chennai Clubs Cheat the Nation
Gymkhana Club, Chennai
The then Madras Gymkhana Club was in occupation of 44.13 acres of Defence land in a prime part of the city from December 1977 to November 1986 on payment of annual rent of Rs 3,526. Though a formal lease agreement had not been entered into with the Club till then, the Ministry of Defence sanctioned, in October 1990, the continuance of the lease only in respect of 8.608 acres of land retrospectively from November 1986 onwards at the increased annual rent of Rs.8,608 based on agricultural rates. No lease agreement was concluded even thereafter.
The DEO, Chennai, recovered rent from the Club up to November 1991. Thereafter, he stopped accepting rent from the Club on the ground that it had resorted to unauthorised construction on the leased land and had also made alterations to the building thereon without the prior permission of the lessor and in violation of the lease agreement.
Audit scrutiny disclosed the following:
The Club had constructed 14 air-conditioned guest rooms, in respect of which rent ranging from Rs 900 to Rs 1,950 per day was levied, a beauty parlour, a Chinese kitchen, ice-cream parlour, etc. It had also sub-let a portion of the land to a bank without the prior permission of the lessor.
Keeping in view the Club’s commercial activities, the DEO had assessed that rent amounting to Rs 33.10 crore was recoverable for the period from November 1991 to June 2001, based on only 2.5 per cent of the land value, as against 5 per cent adopted for determining the rent payable by another club in the same station, that was also involved in similar commercial activities, which has been discussed in paragraph 2.6.2.2.
Government’s approval for revision of rent as proposed by the DEO had not been obtained even after the lapse of over 4 years as of March 2002.
The Directorate General of Defence Estates informed Audit in September 2002 that the draft lease for the period from December 1977 onwards and rate at which damages were to be recovered from the Club had not yet been finalised by Ministry.
Cosmopolitan Club, Chennai
The Cosmopolitan Club, Chennai, had been occupying 2.327 acres of land, in the heart of the city, since July 1962/July 1965 without renewal of the earlier lease agreement which was effective only up to June 1970. The Club also unauthorisedly occupied an additional area of 3.925 acres from April 1993.
Audit scrutiny of the case disclosed the following:
Though the lease in respect of the 2.327 acres of land expired in June 1970 itself, the DEO did not take any action till September 1975 when an application from the Club for renewal of the lease beyond June 1970 was received. The matter was taken up with the Directorate General of Defence Estates only in November 1975.
The DEO brought to the notice of the Directorate General in March 1997 that the Club had been functioning as a commercial organization and rent should consequently be charged on a commercial basis. Based on 5 per cent of the land value, rent totalling Rs 3.29 crore was determined as recoverable for the period from July 1970 to March 2000, which would increase to Rs 4 crore up to June 2001.
No Lease agreement had been concluded with the Club beyond June 1970 in respect of the 2.327 acres of land initially leased to it or in respect of the 3.925 acres that had been unauthorizedly occupied since April 1993. Recovery of rent at commercial rates proposed by the DEO had also not been effected as of March 2002.
The Directorate General informed Audit in September 2002 that the question of renewal of the lease and damages to be charged from the club was under examination.
Prestigious Chennai clubs owe Rs 50 Crore rentals to MOD
Comment:
This scam is perpetuated by Politicians, Bureaucrats in connivance with the MOD and AHQ. The Sukhna Scam fades into insignificance compared to revenue loss of over Rs 50 Crore to the exchequer for a period of over 2 decades as black money has been used by vested interests to evade legitimate revenue due to the Government!
A closer look at the clubs under scrutiny reveals:
The clubs have lease agreements for a period of 30 to 60 years. Defence lands— often huge tracts given to run the clubs to ensure "betterment of Members including the Garrison Officers". One needs to zero in on the terms and conditions of the lease agreements, which are grossly violated. These are: restricting public entry and use, discriminatory membership practices, non-payment of dues, non-submission of audited accounts and earning illegal revenue by letting out premises for weddings, parties, guest rooms and Guest fees. The Garrison Officers are relegated as second class members. The managements and Governing body owes an explanation to the nation for violating the Rules of the land. Even capital gains taxes are cleverly evaded.
Besides, the management and Governing Body are minting money by hiring out premises without paying a dime for tax. It's nothing but a robbery of citizens' resources, If these conserves of the privileged governing body can be brought to the negotiating table to renew their leases at reasonable rates and made to follow terms, the bigger battle of fighting corruption in high places can be won!
The then Madras Gymkhana Club was in occupation of 44.13 acres of Defence land in a prime part of the city from December 1977 to November 1986 on payment of annual rent of Rs 3,526. Though a formal lease agreement had not been entered into with the Club till then, the Ministry of Defence sanctioned, in October 1990, the continuance of the lease only in respect of 8.608 acres of land retrospectively from November 1986 onwards at the increased annual rent of Rs.8,608 based on agricultural rates. No lease agreement was concluded even thereafter.
The DEO, Chennai, recovered rent from the Club up to November 1991. Thereafter, he stopped accepting rent from the Club on the ground that it had resorted to unauthorised construction on the leased land and had also made alterations to the building thereon without the prior permission of the lessor and in violation of the lease agreement.
Audit scrutiny disclosed the following:
The Club had constructed 14 air-conditioned guest rooms, in respect of which rent ranging from Rs 900 to Rs 1,950 per day was levied, a beauty parlour, a Chinese kitchen, ice-cream parlour, etc. It had also sub-let a portion of the land to a bank without the prior permission of the lessor.
Keeping in view the Club’s commercial activities, the DEO had assessed that rent amounting to Rs 33.10 crore was recoverable for the period from November 1991 to June 2001, based on only 2.5 per cent of the land value, as against 5 per cent adopted for determining the rent payable by another club in the same station, that was also involved in similar commercial activities, which has been discussed in paragraph 2.6.2.2.
Government’s approval for revision of rent as proposed by the DEO had not been obtained even after the lapse of over 4 years as of March 2002.
The Directorate General of Defence Estates informed Audit in September 2002 that the draft lease for the period from December 1977 onwards and rate at which damages were to be recovered from the Club had not yet been finalised by Ministry.
Cosmopolitan Club, Chennai
The Cosmopolitan Club, Chennai, had been occupying 2.327 acres of land, in the heart of the city, since July 1962/July 1965 without renewal of the earlier lease agreement which was effective only up to June 1970. The Club also unauthorisedly occupied an additional area of 3.925 acres from April 1993.
Audit scrutiny of the case disclosed the following:
Though the lease in respect of the 2.327 acres of land expired in June 1970 itself, the DEO did not take any action till September 1975 when an application from the Club for renewal of the lease beyond June 1970 was received. The matter was taken up with the Directorate General of Defence Estates only in November 1975.
The DEO brought to the notice of the Directorate General in March 1997 that the Club had been functioning as a commercial organization and rent should consequently be charged on a commercial basis. Based on 5 per cent of the land value, rent totalling Rs 3.29 crore was determined as recoverable for the period from July 1970 to March 2000, which would increase to Rs 4 crore up to June 2001.
No Lease agreement had been concluded with the Club beyond June 1970 in respect of the 2.327 acres of land initially leased to it or in respect of the 3.925 acres that had been unauthorizedly occupied since April 1993. Recovery of rent at commercial rates proposed by the DEO had also not been effected as of March 2002.
The Directorate General informed Audit in September 2002 that the question of renewal of the lease and damages to be charged from the club was under examination.
Prestigious Chennai clubs owe Rs 50 Crore rentals to MOD
Comment:
This scam is perpetuated by Politicians, Bureaucrats in connivance with the MOD and AHQ. The Sukhna Scam fades into insignificance compared to revenue loss of over Rs 50 Crore to the exchequer for a period of over 2 decades as black money has been used by vested interests to evade legitimate revenue due to the Government!
A closer look at the clubs under scrutiny reveals:
The clubs have lease agreements for a period of 30 to 60 years. Defence lands— often huge tracts given to run the clubs to ensure "betterment of Members including the Garrison Officers". One needs to zero in on the terms and conditions of the lease agreements, which are grossly violated. These are: restricting public entry and use, discriminatory membership practices, non-payment of dues, non-submission of audited accounts and earning illegal revenue by letting out premises for weddings, parties, guest rooms and Guest fees. The Garrison Officers are relegated as second class members. The managements and Governing body owes an explanation to the nation for violating the Rules of the land. Even capital gains taxes are cleverly evaded.
Besides, the management and Governing Body are minting money by hiring out premises without paying a dime for tax. It's nothing but a robbery of citizens' resources, If these conserves of the privileged governing body can be brought to the negotiating table to renew their leases at reasonable rates and made to follow terms, the bigger battle of fighting corruption in high places can be won!
Thursday, March 25, 2010
Misuse of Defence Lands by Commercial agents thwarted by the High Court
Thursday, Mar 25, 2010: The Hindu
Special Correspondent: Single judge's order to permit conversion set aside
CHENNAI: The Madras High Court has allowed appeals by the Cantonment Board, St. Thomas Mount-cum-Pallavaram, and the Defence Ministry challenging a single Judge's order directing the authorities to permit conversion of a piece of land, leased by the Defence Ministry to a person, from residential to commercial purpose.
U. Venkatesh was the lessee of 19,200 sq.ft. of land at St. Thomas Mount-cum-Pallavaram Cantonment and the lease granted was only for residential use and not commercial purpose. The conversion was not granted by the Defence Ministry. He filed petitions praying for permission to use the leasehold right for commercial purpose for 90 years by fixing and collecting annual rent and premium of the year 1997 and a direction to the Executive Officer, Cantonment Office, to sanction the building plan in his favour. He also challenged the rejection of his request for conversion of land use. By a common order the single Judge allowed the petitions.
As against the orders, the present appeals were filed. The appellants said the request for change of land use having been rejected and without obtaining the Defence Ministry's permission, approval of the building plan was sought for, which was also returned. The petitioner ought not to have commenced construction on the land for commercial purpose.
M. Ravindran, Additional Solicitor-General, submitted that the petitioner was a lessee of the land, owned by the Defence Ministry, and he was bound by the lease deed which contained a clause to use the land only for residential and not for commercial purpose.
Allowing the appeals and setting aside the single Judge's order, a Division Bench comprising Justices Elipe Dharma Rao and N. Paul Vasanthakumar said the petitioner's conduct in approaching the court and obtaining an interim order without disclosing the non-grant of permission for using the land for commercial purpose and completing the building construction was illegal. The petitioner was bound by the lease agreement.
The Bench said the Supreme Court in a decision had held that buildings constructed unauthorisedly were bound to be demolished. In this case, the petitioner admittedly constructed the building without the Defence Ministry's permission regarding change of land use and also without obtaining building plan approval from the Estate Officer.
Land use conversion case: High Court allows Defence Ministry's appeals
Related article:
Gymkhana Club which is governed by civilians (though land and premises belong to the Military) now need to get licences to operate eateries within the club. The hygiene parameters are bound to improve in the clubs devoid of flies, mosquitoes, bird droppings and foul smell in the dining areas. The Military need to get back the defence lands leased to the Gymkhana Club. The lease has been renewed by corrupt and dubious means and premises used for commercial gains by the Gymkhana Governing Body whose main aim is to spin money. The above case illustrates how the lease can be revoked through court order. The Area Commander who is the Patron of Gymkhana Club should take the initiative of preserving the defence lands in his custody or else it will graduate to land Scam of Sukhna proportions.
Licences mandatory for club restaurants
Special Correspondent: Single judge's order to permit conversion set aside
CHENNAI: The Madras High Court has allowed appeals by the Cantonment Board, St. Thomas Mount-cum-Pallavaram, and the Defence Ministry challenging a single Judge's order directing the authorities to permit conversion of a piece of land, leased by the Defence Ministry to a person, from residential to commercial purpose.
U. Venkatesh was the lessee of 19,200 sq.ft. of land at St. Thomas Mount-cum-Pallavaram Cantonment and the lease granted was only for residential use and not commercial purpose. The conversion was not granted by the Defence Ministry. He filed petitions praying for permission to use the leasehold right for commercial purpose for 90 years by fixing and collecting annual rent and premium of the year 1997 and a direction to the Executive Officer, Cantonment Office, to sanction the building plan in his favour. He also challenged the rejection of his request for conversion of land use. By a common order the single Judge allowed the petitions.
As against the orders, the present appeals were filed. The appellants said the request for change of land use having been rejected and without obtaining the Defence Ministry's permission, approval of the building plan was sought for, which was also returned. The petitioner ought not to have commenced construction on the land for commercial purpose.
M. Ravindran, Additional Solicitor-General, submitted that the petitioner was a lessee of the land, owned by the Defence Ministry, and he was bound by the lease deed which contained a clause to use the land only for residential and not for commercial purpose.
Allowing the appeals and setting aside the single Judge's order, a Division Bench comprising Justices Elipe Dharma Rao and N. Paul Vasanthakumar said the petitioner's conduct in approaching the court and obtaining an interim order without disclosing the non-grant of permission for using the land for commercial purpose and completing the building construction was illegal. The petitioner was bound by the lease agreement.
The Bench said the Supreme Court in a decision had held that buildings constructed unauthorisedly were bound to be demolished. In this case, the petitioner admittedly constructed the building without the Defence Ministry's permission regarding change of land use and also without obtaining building plan approval from the Estate Officer.
Land use conversion case: High Court allows Defence Ministry's appeals
Related article:
Gymkhana Club which is governed by civilians (though land and premises belong to the Military) now need to get licences to operate eateries within the club. The hygiene parameters are bound to improve in the clubs devoid of flies, mosquitoes, bird droppings and foul smell in the dining areas. The Military need to get back the defence lands leased to the Gymkhana Club. The lease has been renewed by corrupt and dubious means and premises used for commercial gains by the Gymkhana Governing Body whose main aim is to spin money. The above case illustrates how the lease can be revoked through court order. The Area Commander who is the Patron of Gymkhana Club should take the initiative of preserving the defence lands in his custody or else it will graduate to land Scam of Sukhna proportions.
Licences mandatory for club restaurants
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