Friday, 2 October 2020

Long Live Corona, Hospital ke Naam pe Kuch Toh Do Na....

Long Live Corona, Hospital ke Naam pe Kuch Toh Do Na....

Yesterday many of English newspapers carried BMC's press release in form of news. The press release/news headline said, "BMC picks 22-acre Mulund plot for 5000 bed hospital"; and not one, but couple of more English papers did the same story. What do these people in in power think when they carry out such exercises? That no one will know; I'm really surprised, forget commoners, but leaders in Opposition both in the Government & the BMC including the Media and so-called activists are not ready to question the one's in power or as to why has this particular thing happened or announced? Is it that they are in the coterie too, now? How brazenly does our Government & the Corporations violate basic rules and do what pleases them and their 'private' partners? No one asked, why the MMRDA shifted the metro car shed, I did, and now too, no one is even inquiring, as to why is a Government/BMC Hospital coming up on a PRIVATE land? I will question....

 This is another big scam in happening friends, and who is behind this? The same coterie I wrote last week who have fooled the MMRDA and the CM at the same time. CM is at their mercy; I have begun to feel. It is these high-ranking bureaucrats who are calling the shots; and yes, they are doing this along with 'friends with benefits' from Pune, I have heard. Will explain this in detail, but first, it shocked me when I read in the papers, it was LoP Devendra Fadnavis's idea to have such hospitals for infectious diseases. Correct, if Uddhav Thackeray Government is so keen on listening to Devendra Fadnavis, he has asked for your resignation too, will you give Mr. CM? He has taunted on numerous occasions as to how the coterie along with few dalaal's are controlling this government, have you acted? NO nah...but just when he thought he would suggest something noble for common public, this coterie is ready to milk even that opportunity. Disgusting!!

Anyways, coming to the main story--BMC picks 22-acre Mulund plot for building a hospital. Now readers, this plot is PRIVATELY owned. If I haven't mistaken it belongs to some Champaklal Vardhan. OK, let us assume due to my writing CM Uddhav Thackeray gets enlightened and appoints a SIT to investigate this. You will be surprised who all this Vardhan met since Fadnavis spoke in Assembly about this concept, and who all have called him for negotiations and kickbacks. All call records/CCTV footages will lead to Pune and Mantralaya too, I'm told! Hence my main question is why the hell BMC wants to develop this hospital on a private land, PAY for the land, get it converted from Class 2 to Class 1, acquire it legally, and do follow guidelines, everything could have been done just within a week and that too free of cost! You need land, right for the hospital? I'll give you a list. Every ward of Mumbai has minimum 2 BMC schools of which 90% are defunct, I'm told. Why not construct there? Give them a FSI of 4 and you can have such hospitals in every ward--only if serving people with noble intention is your criteria!!

 Aree, forget your land bank. There are ST depots in Mumbai (4 nos) which are redundant and tenders are put up for development which are in excess of 15 acres each, isn't it simple if a deal strikes between the BMC & the MSRTC and in one day the BMC gets land for building as many as 4 such huge hospitals? But yes, there wouldn't be compulsory acquisition under the Epidemics Act, there won't be kickbacks in purchase which Mr. Champak must have promised you'll. But yes, if these MSRTC plots are taken by the BMC for hospital building for such epidemic, the ST Corporation can be saved too. Minister Anil Parab is any which ways crying for funds as ST does not even have money to pay salaries for their drivers and cleaners for months now, won't it again a noble thought? But NO! Again, there are acres of lands occupied by dairies which are in doldrums, there are land banks with relief & rehabilitation's, the list goes on & on...

 Now, on to some technical flaws in all this. A land can be directly resumed since the lands were not put to use. But instead, a flawed tender in breach of CVC guidelines overlooking the CBDT circular is floated to illegally help a private person. Section 126 is for compulsory acquisition of reserved land for which NO INCOME TAX is to be paid. CBDT circular exempts such transactions but that EOI (Expression of Interest) is floated, it means it is not compulsory acquisition and is by private negotiations for which huge benefit is being passed on to the landowner who owns Class II land, we assume!

 Mode of Acquisition:  After finalizing the land parcel, subjected land under Section 126 (1)(a) & (b) of MRTP Act and remaining land shall be acquired by mutual consent through negotiations. A committee constituted by the Municipal Commissioner shall decide the compensation as may be payable to the land owner/developer. It is hilarious, a tender is floated; inviting offers via negotiations for acquisition of unreserved clear and marketable "land u/s 126 of MRTP as per price fixed by committee headed by the MC and by 'consent' award passed under MRTP act; whereas the EOI clearly mentions clear & marketable land. 

 Now as to what I read in the papers yesterday, Collector will measure the plot and give the approx. cost of acquisition. But my question is whether Collector has given prior permission to acquire the land? Else now 75% of approx. 1750 crore (approx. land acquisition cost) will be calculated as the unearned income; as it is job of the Land Acquisition Officer to determine the cost. Without permission sale is a complete breach. This scandal becomes murkier as the MC and others are to acquire land by negotiations while as per Land Acquisition Act, only a designated officer can do so....

 Now, EOI is floated inviting offers via negotiations for acquisition of unreserved clear land u/s 126 of MRTP as per price fixed by committee headed by the MC and by 'consent' award passed under MRTP act. Section 126 is for compulsory acquisition of land reserved for intended purposes. There is no provision to invite bids from market for unreserved land. As per land acquisition act & fair compensation policy, award is passed by Land Acquisition officer designated under the Act, and either of aggrieved party (owner or acquiring body) can prefer appeal against amount of compensation. There is no provision for forming any such committee headed by Acquiring body by its Commissioner (unless as provided in Act for Railways, not in-case of MCGM) to negotiate and/or pass any such binding award by consent arbitrarily or otherwise. So, land should have been identified, if MCGM didn't have any such land resource nor any Government body, reserved same and then acquisition can be initiated under the Act. 

 This tailor made EOI, matching area and location of site establishes a visible quid pro quo. No such EOI can be invited u/s 126 of MRTP act, which is a brazen violation of LAQ ACT. This is of nature of private negotiations for which there are separate provisions in the Act. Reference of LAQ (Land acquisition) Act is to give tax benefit under clause of compulsory acquisition which is not in case of acquisition by private negotiations as per CBT circular. 

 

Vikrant Hemant Joshi 


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