Highcourt Issue Notices to Babus in MIHAN Land scam PIL

Nagpur bench of Mumbai High court compromising Justice Sharad Bobde and Justice Mrudulla Bhatkar today   to issued notices to the Union of India, through its Secretary, Ministry of Urban Development Department, The State of Maharashtra through its Secretary, Ministry of Urban Development Department, ,The Multimodal International Hub Airport at Nagpur (MIHAN), through its Vice President, and local collector and commissioner  in matter of massive corruption and land scam in the land allotment  of MIHAN project demanding judicial  probe and stern action against officers involved in massive corruption .punbli interest litigation has been filed by Citizen forum through its President Baba Daware ,HC has asked all respondents to submit the reply within two weeks

Citizen forum in PIL has given the complete undue and malpractice reported in the MIHAN  project in detail here I quote the contains of PIL ,

QUOTE

It is submitted that the respondent no. 1 is controlling authority over all the respondents and is  Union of India under whose sanction the project called “M.I.H.A.N.” is being developed.  The respondent No. 2 is State of Maharashtra through its Secretary, Urban Development Department and the respondent No. 3 is the Vice President, Multimodal International Hub Airport at Nagpur (MIHAN), the respondent No. 4 is Divisional Commissioner, Nagpur Division, Nagpur and respondent No. 5 is Collector, Nagpur.  The respondent No. 4 and 5 are the statutory authorities and all the respondents are State within the meaning of Article 12 of Constitution of India and are amenable to the Writ Jurisdiction of this Hon’ble Court.  The Petitioner at the outset submits that the petitioners are not at all against the project called as “MIHAN”.  However the petitioner is concerned with various illegalities and irregularities involved in the MIHAN project considering the facts that the project is implemented by acquiring huge number of agricultural land of various villages in Nagpur Taluka mainly Sonegaon, Shivangaon, Somalwada, Chinchbhavan, Telhara, Parsodi, Khapri, Issasani, Jaitala, Dahegaon, Kalkuhi etc, and the same has been disposed-off at very fluctuating price by adopting pick and choose policy.

It is most humbly and respectfully submitted that the respondent No. 3 MIHAN have acquired huge  land of the villagers in Nagpur Taluka and the awards are passed and the proceedings are going on under Land Acquisition Act.  It is submitted that while allotting the land to various company the respondents’ no.3 have not maintained uniformity and have allotted the land at very low price to favour particular company, with an ulterior motive and at the same time the land sold/allotted at very high price to another company.  It is submitted that no procedure for auction was held and allotment has been done as per the choice of the respondents’ no.3 causing huge losses to the Project and huge misappropriation by the Authorities for their personal gain. It is further submitted that the following deals clearly demonstrate that the manner in which the respondents no.3 have not maintained uniformity in allotting land to various companies.   

It is submitted that on 27/05/2008 the respondent No. 3 allotted 128.06 Acres of land for 99 years lease period for setting up I.T. campus in the special economy zone area of MIHAN project at the rate of Rs.19 lacs per acres to M/s Satyam Computer Services Ltd., Secunderabad. Modifying earlier allotment of 12/12/2005.

It is most humbly and respectfully submitted that on 17/12/2005 the respondent No. 3 allotted 100 Acres of land for I.T. park in Special Economy Zone of MIHAN project to M/s Shapoorji Pallonji & Co. Ltd., Kolaba, Mumbai at the rate of Rs. 65,00,000/- (65 lacs) per Hectare which comes in village Khapri, Kalkuhi and partly in village Dahegaon.  

7)It is submitted that on 31/03/2006 the respondent No. 3 allotted 50.85 Acres of land in Special Economic Zone at MIHAN at the rate of Rs.30,00,000/- per Acres to Larson & Toubro Limited, Chennai. 

8)It is submitted that on 21/05/2008 the respondent No. 3 allotted 54 Acres of land for 99 years lease at the rate of 35,00,000/- per Acres of development of I.T. park in special economy zone to M/s Vipul Karamchand SEZ Pvt. Ltd., New Delhi coming under village Dahegaon and Khapri. 

The respondent No. 3 on 17/06/2008 allotted 27.85 Acres of land to M/s Building research and management services Pvt. Ltd., at the rate of Rs.35,02,000/- per Acre coming under village Kalkuhi.  

It is submitted that the respondent No. 3 on 31/07/2006 allotted 55 Acres of land to M/s. Ambuja Realty Development Ltd., and M/s. Ecoworld Infrastructure Pvt. Ltd. for developing IT Park in Special Economic Zone (SEZ) area of MIHAN project @ Rs.35,02,000/- per Acres coming under village Kalkuhi.

It is submitted that the respondent No. 3 on 25/08/2006 allotted 63.1 Acres of land to Ascendas Land International Pte.Ltd., or its appointed subsidiary company for the development of an IT business park in Special Economic Zone (SEZ) area of MIHAN project @ Rs. 35,02,000/- per Acres coming under village Kalkuhi and partly in Khapri.

It is submitted that the respondent No. 3 on 14/07/2006 allotted 153.24 Acres of land to M/s. DLF Ltd., for developing IT Park in Special Economic Zone (SEZ) area of MIHAN Project @ Rs. 35,02,000/- per Acres. The allotted area to M/s DLF is revised to 140.286 acres on 08/06/2007 coming under village Kalkuhi and partly in Khapri.

It is submitted that the respondent No. 3 on 08/03/2007 allotted 140 Acres of land to M/s. HCL Technologies Ltd., for developing IT Campus in the processing area of MIHAN project @ Rs.44,00,000/- per Acre coming partly under village Telhara and partly in village Kalkuhi.

It is submitted that the respondent no. 3 on 05/04/2007 allotted 117 Acres of land to Wipro Technologies, Bangalore for developing an IT campus in MIHAN, @ Rs.44,00,000/- per Acre which consist of 160.42 Acres of plot area, 30.24 Acres of zudpi jungle and 13 Acres under water channels.

It is submitted that the respondent no. 3 on 10/01/2007 allotted 2.471 Acres of land to M/s. Taj SATS Air Catering Ltd., in the Special Economic Zone (SEZ) area of MIHAN Project @ Rs.44,00,000/-.

  It is submitted that the respondent No. 3 on 29/08/2006 allotted 148.29 Acres of land to M/s. Sical Logistics limited & M/s Gupta Group of Companies for implementation of Road Terminal project on B.O.T. basis for  66 years. 

It is submitted that respondent No. 3 on 12/04/2007 allotted 1.5 Acres of land to M/s RGen Solutions for developing an IT Unit in the Special Economic Zone (SEZ) of the Multi-model International Hub Airport at Nagpur @ Rs.44,00,000/- per Acre coming under village Dahegaon.

 It is submitted that respondent No. 3 on 14/08/2008 allotted 1.268 Acres of land to M/s Haldiram Foods International Ltd., for setting-up a Food Processing unit in the Special Economic Zone (SEZ) of the Multi-model International Hub Airport at Nagpur @ Rs.60,00,000/- per Acre coming under village Dahegaon.

It is submitted that respondent No. 3 on 08/06/2007 allotted 1 Acre of land to M/s Zeta Softech Pvt. Ltd., for setting up their IT unit in the Special Economic Zone (SEZ) of the Multi-model International Hub Airport at Nagpur @ Rs.44,00,000/- per Acre coming under village Dahegaon.

It is submitted that respondent No. 3 on 05/05/2007 allotted 1 Acre of land to M/s Manmohan International Contracting for setting up their manufacturing unit in the Special Economic Zone (SEZ) of the Multi-model International Hub Airport at Nagpur @ Rs.44,00,000/- per Acre coming under village Dahegaon.

21)It is submitted that respondent No. 3 on 08/06/2007 allotted 1 Acre of land to M/s Dayalu Dall & Oil Mill for setting up their manufacturing unit in the Special Economic Zone (SEZ) of the Multi-model International Hub Airport at Nagpur @ Rs.44,00,000/- per Acre coming under village Dahegaon.

It is submitted that respondent No. 3 on 18/07/2007 allotted 1 Acre of land to M/s Soni Polymers Pvt. Ltd., for setting up their manufacturing unit in the Special Economic Zone (SEZ) of the Multi-model International Hub Airport at Nagpur @ Rs.51,00,000/- per Acre coming under village Dahegaon.

It is submitted that respondent No. 3 on 02/08/2007 allotted 30 Acres of land to M/s TAL Ltd., for setting up their manufacturing unit in the Special Economic Zone (SEZ) of the Multi-model International Hub Airport at Nagpur @ Rs.52,00,000/- per Acre coming under village Kalkuhi.                    

It is submitted that respondent No. 3 on 23/07/2007 allotted 1 Acres of land to M/s Zeon Solutions Pvt. Ltd., for setting up their Information Technology unit in the Special Economic Zone (SEZ) of the Multi-model International Hub Airport at Nagpur @ Rs.52,00,000/- per Acre coming under village Dahegaon.

It is submitted that respondent No. 3 on 03/08/2007 allotted 55 Acres of land to M/s Tata Consultancy Services Ltd., for setting up their Information Technology unit in the Special Economic Zone (SEZ) of the Multi-model International Hub Airport at Nagpur @ Rs.52,00,000/- per Acre is located partly in village Telhara and partly in village Dahegaon in Hingna PS and post office Khapri.

It is submitted that respondent No. 3 on 30/05/2008 allotted 1 Acres of land to M/s Gurudeo Datta Technologies., at the Special Economic Zone (SEZ) of the Multi-model International Hub Airport at Nagpur @ Rs.60,00,000/- per Acre.

It is submitted that respondent No. 3 on 20/06/2008 allotted 74 Acres of land to M/s Quality Care India Ltd., for development of Health City Project at the Special Economic Zone (SEZ) of the Multi-model International Hub Airport at Nagpur @ Rs.60,00,000/- per Acre.

It is submitted that respondent No. 3 on 13/11/2007 allotted 5 Acres of land to M/s Hexaware Technologies Ltd., for setting up their Information Technology unit in the Special Economic Zone (SEZ) of the Multi-model International Hub Airport at Nagpur @ Rs.60,00,000/- per Acre.

It is submitted that respondent No. 3 on 12/08/2008 allotted 10 Acres of land to M/s Hexaware Technologies Ltd., for 99 years lease in the Special Economic Zone (SEZ) of the Multi-model International Hub Airport at Nagpur @ Rs.60,00,000/- per Acre coming partly under village Dahegaon and partly in village Khapri (Rly.).

It is submitted that respondent No. 3 on 28/11/2007 allotted 3 Acres of land to M/s Leela Ventures (India) Pvt. Ltd., for setting up their Manufacturing Unit in the Special Economic Zone (SEZ) of the Multi-model International Hub Airport at Nagpur @ Rs.60,00,000/- per Acre coming under village Dahegaon.

It is submitted that respondent No. 3 on 01/11/2007 allotted 1 Acres of land to M/s Lipi International Pvt. Ltd., for setting up their Manufacturing Unit in the Special Economic Zone (SEZ) of the Multi-model International Hub Airport at Nagpur @ Rs.60,00,000/- per Acre coming under village Dahegaon.

It is submitted that respondent No. 3 on 18/02/2008 allotted 1 Acres of land to M/s Lokmangal Info Tech, for setting up their Information Technology unit in the Special Economic Zone (SEZ) of the Multi-model International Hub Airport at Nagpur @ Rs.60,00,000/- per Acre coming under village Dahegaon.

It is submitted that respondent No. 3 on 25/09/2007 allotted 1 Acres of land to M/s Blue Planet Info Solutions (India) Pvt. Ltd., for setting up their Information Technology unit in the Special Economic Zone (SEZ) of the Multi-model International Hub Airport at Nagpur @ Rs.52,00,000/- per Acre coming under village Dahegaon.

It is submitted that respondent No. 3 on 01/11/2007 allotted 1 Acres of land to M/s IT Shastra (India) Pvt. Ltd.., for setting up their Information Technology unit in the Special Economic Zone (SEZ) of the Multi-model International Hub Airport at Nagpur @ Rs.60,00,000/- per Acre coming under village Dahegaon.

It is submitted that respondent No. 3 on 03/09/2007 allotted 2.44 Acres of land to M/s M/s Rajtaru Studios Ltd., for setting up an IT unit in Special Economic Zone (SEZ) area of MIHAN Project @ Rs.52,00,000/- per Acre.

It is submitted that respondent No. 3 on 24/01/2007 allotted 5 Acres of land to M/s Ispat Industries Limited in Special Economic Zone (SEZ) area of MIHAN Project @ Rs.40,00,000/- per Acre.

It is submitted that respondent No. 3 on 07/06/2007 allotted 1 Acre of land to M/s Wordpro Computer Consultancy Services for setting up their IT unit in Special Economic Zone (SEZ) area of MIHAN Project @ Rs.44,00,000/- per Acre.

It is submitted that respondent No. 3 on 08/06/2007 allotted 2.5 Acres of land to M/s Star Champmans & Engineering Pvt. Ltd., for setting up their manufacturing Unit in Special Economic Zone (SEZ) area of MIHAN Project @ Rs.44,00,000/- per Acre.

It is submitted that respondent No. 3 on 08/03/2007 allotted 30 Acres of land to M/s HCL Technologies Ltd., for developing Residential Complex for its Employees in the Non-Processing Area of the Special Economic Zone (SEZ) area of MIHAN Project @ Rs.80,00,000/- per Acre.

It is submitted that respondent No. 3 on 03/02/2009 allotted 9.0 Acres of land to M/s Gati Limited in MIHAN Project Area @ Rs.1,01,00,000/-.

It is submitted that respondent No. 3 on 16/12/2008 allotted 9.0 Acres of land to M/s TCI Infrastructure Ltd., at the Special Economic Zone (SEZ) of the Multi-model International Hub Airport at Nagpur @ Rs.1,20,05,000/- per Acre.

It is submitted that respondent No. 3 on 18/02/2008 allotted 75.00 Acres of land to M/s BOEING Company, for setting up their Information Technology unit in the Special Economic Zone (SEZ) of the Multi-model International Hub Airport at Nagpur @ Rs.36,00,000/- per Acre.

It is submitted that respondent No. 3 on 20/06/2008 allotted 36.5 Acres of land to M/s Duke Aviation Engineering Pvt. Ltd., for aircraft painting and engine R & O in Special Economic Zone (SEZ) area of MIHAN Project @ Rs.60,00,000/- per Acre.

It is submitted that respondent No. 3 on 18/04/2008 allotted 10.2 Hectares (25.734 Acres) to Mahindra Life Space Developers Ltd., Mumbai for construction of residential township @ Rs.80,00,000/- per Acres.

It is submitted that respondent No. 3 on 06/04/2005 allotted 24.738 Acres of land to Ramrao Adik Education Society (D.Y. Patil Group) for development of International School in MIHAN project area at Nagpur @ Rs. 26,31,578/-.

It is submitted that respondent No. 3 on 23/05/2006 allotted 31 Acres of land to M/s. Reatox Builders & Developers, Mumbai for development of Modern Township in MIHAN project at Nagpur @ Rs.72,00,000/- and also on 18/06/2008 allotted 11.626 Acres of land to M/s. Reatox Builders & Developers for development of “First City” Township project in MIHAN project @ Rs.80,00,000/-.

It is submitted that respondent No. 3 on 21/08/2006 allotted 27 Acres of land to M/s Ecoworld Infrastructure Pvt. Ltd. for development IT Park in Special Economic Zone (SEZ) area of MIHAN Project @ Rs.35,02,000/- per Acres.

It is submitted that respondent No. 3 on 11/04/2007 allotted 25 Acres of land to M/s Indu Projects Ltd., for developing an IT Park in Special Economic Zone (SEZ) of the Muti-model International Hub Airport at Nagpur (MIHAN) Project @ Rs.44,00,000/- per Acres.

It is submitted that respondent No. 3 on 12/11/2007 allotted 5 Acres of land to M/s Caliber Point Business Solutions Ltd., for setting-up a IT unit in  Special Economic Zone (SEZ) area of MIHAN Project @ Rs.60,00,000/- per Acres.  The copy of chart showing the various companies to whom lands allotted by respondent No. 3 at different rates alognwith their allotment letters are annexed at ANNEXURE NO. 1 for kind perusal of this Hon’ble Court.

It is most humbly and respectfully submitted that there are large scale variations/fluctuation in the rate of allotment of land to the above person and the said variation/fluctuation is with a malafide intention because prevailing market price at the relevant time is much more, however the companies of the choice of the respondent no. 3 are being favored and allotted the land at very low cost without there been any reason for the same.  The only conclusion which can been drawn that although the prevailing market rate was much high but still the land has been allotted at low rate and the margin between the actual rate and the rate of allotment on record is being misappropriated causing losses to public exchanger and public etc. and the project. 

It is further most humbly and respectfully submitted that the allotment at Sr. No. 36, 37 in the chart shows that the respondent No. 3 allotted the land to M/s Gati Limited and T.C.I. infrastructure Limited at the rate of Rs.1,01,00,000/- and 1,20,05,000/- per acre specifically when the said allotment is dated 26/12/2008 for allotment of 9 Acres of land at the rate of 90,00,000/- per Acre was also dated 27/05/2008.  It is apparent on the both the sample of allotment that the actual cost prevailing in the year 2008 was near about 1,20,00,000/- per Acre and the allotment to the Satyam Computers in the year 2008 itself at the rate of 19,00,000/- per acres clearly demonstrate the mis-appropriation by the respondent   No. 3.  

 It is further most humbly and respectfully submitted that the respondent No. 3 has also allotted the 10 acres of Agricultural land to Reatox builders free of cost in addition to the land allotted to the Reatox builders at the rate of 72,00,000/- per acres.  It is most humbly and respectfully submitted that there is no explanation or justification for allotment of additional 10 acres of land to the Reatox builders and developers specifically when 31 acres of land allotted on 18/06/2008 at the rate of 72,00,000/- per Acres.  It is most humbly submitted that a news was published in the local news papers “The Hitavada” for allotment of additional 10 acres of land to M/s Reatox Builders and Developers.  A copy of the same is annexed herewith and marked as ANNEXURE NO. 2  for  kind perusal of this Hon’ble Court. That the bare a perusal of the paper cutting clearly demonstrate that the Government is just making a statement but not intending to take any action may be having some ulterior interest.

It is most humbly and respectfully submitted that the land allotted to Satyam Computers Limited having total 128 Acres of land is surrounded by the 4 lane road of MIHAN sector no. 1, 2, 3 and 4 on all the four sides, meaning thereby the Telhara dam which is under water of near about 100.3 Acre will be automatically allotted to the Satyam Computers Pvt. Ltd., in addition to 128 Acres of the land since the entire 128 Acres of land surrounding the 100 Acres of Telhara dam.  It is therefore submitted that although the land allotted to the Satyam Computer Ltd.,  is at very low rate with ulterior motive additional 100 Acres of land comes under the Telhara dam is automatically allotted free of cost. 

It is submitted that the Vice Chairman cum Managing Director of the respondent No. 3 MIHAN was earlier Chairman of company called MITYAS which was sister concerned of Satyam Computer Services.  It is submitted that as soon as fraud and illegality committed by the Satyam Computer Services came into the light of the public at large Shri R.C. Sinha who was the Vice-Chariman of MIHAN resigned. That the petitioner is filing herewith a layout may of the MIHAN and is marked as Annexure no 3 for the kind perusal of this Hon’ble Court.

PIL has prayed that this Hon’ble High Court may kindly be pleased to

1} Issue Appropriate Writ or order or direction, directing the respondents no.1 and 2 to appoint Judicial Committee to enquire into illegalities and irregularity committed by the  respondents no.3 in allotment of land under MIHAN to various companies and submits its report and take appropriate action against the respondent No.3 and other .

2} Direct the respondents to hold the enquiry against the respondents no.3 in allotting the land to the companies free of cost.

3}by way of an interim relief direct the respondent’s no.3 not to proceed further in allotment of the remaining land during the pendency of this petition.

4} Call upon the respondents no.1 and 2 to submit their explanation for not taking any action inspite of various news articles published.

5}Grant any other relief which this Hon’ble Court deem fit and proper in the interest of justice.

Now  central and state Govt. reply will give clear picture of these allegation.