Read Mantralaya files…. why Ashok Chavan and others should be prosecuted …Padma Shree award to Majumdar even after two criminal cases… how the then Chief Minister, Ashok Chavan , Neela Satyanarayan IAS the then Principal Secretary Forests & Rajendra Mangarulkar IFS, the then Joint Secretary had interfered in administration of criminal justice system…… Judicial criminal proceedings stayed by administrative order….. More direct interference in criminal proceedings than by Vilas Rao Deshmukh in Buldhana case, which was fined Rs 10 lacs by Supreme court: All to save Majumdar, President of Symbiosis Institute in exchange of admission of daughter of Rajendra Mangarulkar in management quota of MBA… Quid Pro quo…. Land worth Rs 72 Crores is being offered in Rs 7.60. Lacs

09.25.2011 · Posted in All

  1. That survey no. 81 & 94 in village Bhamurda , Dist Pune had been declared to be reserved forest by  government notifications no. 24F dated 1-3-1879, 4375 dated June 1890 & 5971 dated 8-8-1895.
  2. That for plantation,  Symbiosis Society Pune was given 3.26 ha Reserved Forest land by State Government,  on Senapati Bapat Road, in S.N. 81 of Bhamurda Village, Pune on lease for 50 years vide TRS/1873/73842/F-5 dated 7-10-1975.
  3. That because of Forest Conservation Act 1980, this lease was revised by Government of Maharashtra and only 0.6 ha Reserved forest land was leased vide letter FLD/1981/2015/F-3 dated 31-5-1985 with changed conditions to the Symbiosis only for planation. Hence new lease document and lease rent document were prepared and accordingly Symbiosis Institute had deposited lease rent  till 1995.
  4. That Deputy Conservator of Forests, Pune division had cancelled the lease deed  vide letter no. B/desk-3/ land/1437 dated 18-8-1999 and not accepted the lease rent from the Symbiosis society, because of provisions of section 2(3) of Forest Conservation Act 1980.
  5. Section 2(3) of FC Act reads as follows:

“2. Restriction on the dereservation of forests or use of forest land for non-forest purpose:

Notwithstanding anything contained in any other law for the time being in force in a State, no State Government or other authority  shall make, except with the prior approval of the Central Government, any order directing-

(iii) that any forest land or any portion thereof may be assigned by way of lease or otherwise to any private person or to any authority, corporation, agency or any other organisation not owned, managed or controlled by Government;

6.        That after cancellation/non-renewal of lease deed  by the government, and after 1995 when lease rent was refused to be accepted by the government, forest department ought to have  taken possession of the leased land from Symbiosis Institute; but forest officers of various ranks have not done that  for oblique motives till today. The possession of the land is still with Symbiosis Institute.

7.    That when first lease agreement was signed between Symbiosis and Government of Maharashtra in the year 1975 , 3.26 ha reserved forest was handed over to the Symbiosis Institute. Out of this land of 3.26 ha, Government had de-forested 0.84 ha of land for construction of Symbiosis Law college (notification of dis forestation not available any where nor the date of notification is ever mentioned in any government  document subsequently) .  After disforestation, it was ordered to be transferred to the Revenue department  to be further transferred to  Symbiosis Institute vide government letter no. FLD-1977/252265/F-3 dated 9-2-1978. But this order was modified by the Government vide it’s memo dated 21-5-1985.

8.       That Government vide memo dated 21 may 1985 ordered following changes regarding original 3.26 ha of land :

    • Disforested 0.84 ha land transfer order for construction of Symbiosis Law college be cancelled (Land to be transferred to Symbiosis Institute),
    • This deforested 0.84 ha land to be transferred to Symbiosis Institute for Dr Baba Saheb Ambedakar Memorial garden .
    • 0.60 ha reserve forest land (leaving aside above said 0.84 ha area), on which Symbiosis Institute had done plantation, should be allowed to remain on lease with Symbiosis Intitute on the condition envisaged in original lease agreement of 1975.
    • Symbiosis Institute be given area of Pagoda already constructed by Symbiosis on this said area of 0.84 & 0.60 ha.
    • Further, except the said area of 0.84 plus 0.60 ha i.e total 1.44 ha,  remaining area (3.26-1.44= 1.82 ha) 1.82 ha be taken back by Forest department.
    • CCF of Maharashtra state was directed by the government to implement this Resolution of the Government and compliance report was to be submitted to the Government.
    • That till today, the 1.82 ha commercial very very expensive land has not been taken in possession by Forest department from Symbiosis Institute because of oblique motives even after the government orders.

9.     That as per lease deed dated 1-9-1986 made between Government & Symbiosis Institute  due to government order  dated 31-5-1985,  following conditions in lease documents are reproduced:

    • Condition no.4: The land shall not be used for any purpose other than planting tree.
    • Condition no. 6: The grass from the leased area shall be sold on cutting terms only preferably to the animal husbandary department, as on terms and conditions agreeable to both the parties. But as per record since handing over possession no such sale had been made and revenue of grass had been misappropriated.
    • Condition no. 8:  The lessee shall repair and keep in good order all special and other boundary marks defining the boundaries of the forest.
    • Condition 12: If the land is, in the opinion of the government not adequately used for the purpose for which it is leased or if, in the opinion of the government, there is a breach or the conditions of the lease, the lease shall be liable to be terminated on 3 months notice.
    • Condition no. 13:  on expiry of the lease or in the event of earlier resumption by governmentif any contingency mentioned above, the land shall be peacefully surrendered without claiming any compensation for improvement & structure, failing which the occupants will be liable to be summarily evicted.

10.    In the year 2003, Symbiosis  Pune had altered the boundary pillars of reserved forest & encroached on the reserved forest in SN 81 & 94 Bhamurda Village , Pune  and further acted criminally in violation of provisions of section 26 and 63 of Indian Forest Act and of Forest Conservation Act 1980.  A POR ( FIR no. 0-1/2003-04 dated 27-6-2003) for  offence under section 26,  of Indian Forest Act, 1927 and violation of FC Act 1980  was registered by Round officer Bhamurda, Pune against  Symbiosis . But after filing of this POR (FIR),  no charge sheet was submitted in the court of JMFC against the culprit till now even after 8 years of filing the FIR.

11.  After registering the FIR, Symbiosis Institute had submitted a proposal under Forest Conservation Act,1980 for using forest  land for non-forestry purpose to Deputy Conservator of Forests Pune. The then DCF Pune had rejected &  filed  the said proposal.   Once the proposal was rejected by the DCF Pune, Majumdar approached to Forest Minister, Mr Pachpute though his letter dated 5-5-2005 requesting to grant the reserved forest land to him. Government on 22-3-2006 had sent the letter of Majumdar to PCCF for needful action and report back to government.

12.      That even before Government of India accords sanction under FC Act, 1980 the Symbiosis Institute had chain-linked fenced, concretized the area and encroached  the Reserved forest land in survey no. 81 & 94 of Bhamurda village.  This led to registering of another FIR no. 4/2005-06 on 11-6-2005 against   Symbiosis Institute under provisions of section 26 of Indian Forest Act and section 2 of FC Act 1980.

13. After entire investigation, Chief Conservator of Forest cum Nodal officer, Maharashtra State, Nagpur vide his letter no. Desk-17/Nocell/2/AD11346/395A dated 13-6-2006 has granted permission to file charge-sheet against Dr S.B. Majumdar of Symbiosis, in the court of  Judicial Magistrate First class, Shivajinagar Court, Pune for offence committed under section 26 (f), (h), 63(a). After going through the investigation papers , he reached to the conclusion that it is very much required to file the charge sheet in the court of law. In pursuance of CCF’s permission  to prosecute, the then DCF, Pune had directed the Range Forest Officer, Bhamuda Range, Pune to file the charge sheet in the court of JMFC, Pune vide his letter dated 3-7-2006.

14. Immediately after Chief Conservator of Forests had given permission to file charge sheet against Mr S.B. Majumdar on 13-6-2006, Dr. Majumdar, President of Symbiosis Institute  had approached Maharashtra Government vide his letter dated 10-7-2006  to get his criminal trial stayed.

HOW Neela Satyanarayan & Mangarulkar stayed prosecution after FIR:

15. That the Government file no. FLD1906/CR-55/f-10 reveals that on Dr Majumdar’s letter dated 10-7-2006 , desk officer has brought to the notice of Under secretary, Joint Secretary, Mr Rajendra Mangarulkar and Principal Secretary, Ms Neela Satya Narayan that after filing the FIR and due investigation in the case, Chief Conservator of Forests cum Nodal officer, Maharashtra State had given permission to  file the charge sheet in the court of JMFC, Shivajinagar, Pune.  But the then Joint Secretary, Rajendra Mangarulkar who got his daughter , Ms Neha Mangarulkar admitted in the Symbiosis Institute for MBA course 2006-08 , which is confirmed by Dr Majumdar in his letter dated19-2-2010 .  Rajendra Mangarulkar in quid pro quo had adviced on 24/7/2006 to Principal Secretary  (Forest),  Neela Satyanarayan IAS  to  stay criminal proceedings till the Principal Chief Conservator of Forests gives his comments on the letter dated 10-7-2006 of Dr Majumdar. This was agreed by Principal Secretary, Ms Neela Satyanarayan on 25-7-2006. Accordingly by Government letter dated 25-7-2006 (same day when file was approved by Principal Secretary) all the criminal proceedings in the matter was stayed by the government. This was gross interference in administration of criminal justice system. Point of interest is that this file was not approved by the government ( Hon’ble Minister Forests & Chief Minister). It is pertinent to mention here that even government has no power under CrPC to stay any criminal judicial proceedings. More surprising part is that copy of this illegal stay order  was also given to the accused, Majumdar.

16. Needless to mention that Rajendra Mangarulkar IFS had not mentioned or brought this very fact to the notice of Government ( Read Minister or  Chief Minister)   that neither investigation can be stopped by Government nor prosecution against a non-public servant  requires any sanction of the government. Thus, by staying the criminal judicial process illegally  by mis-using it’s authority, Government has interfered in criminal administration system. ( And for the same type of interference  Maharashtra Government has been fined Rs 10 lacs by Supreme court recently, where the then Chief Minister, Vilasrao Deshmukh  had interefered in the same analogous way).

17. Even after reminding this provision of law, Government had not vacated the stay on proceeding in accordance with law. Neither, CCF Pune nor the then HOFF Mr C.S. Joshi had directed the investigating officer to proceed in accordance with law. Otherwise also, illegal stay by Government had been granted only on FIR of 2005 and not on FIR of 2003.

18.     Meanwhile, the then DCF , Pune, Mr Ashok Khadse  had issued  letter dated 2-8-2006 to Symbiosis Institute, that they must submit a guarantee money letter of Rs 7,21,88,970/- (Rs Seven Crore twenty one lac eighty eight thousand nine hundred seventy Only) for the cost of 0.7446 ha forest land, as per existing market rate , if they want to get their proposal processed for clearance under FC Act. (Though this rate is also very less in comparison of actual prevailing rate in the area. With average rate @  6000/- per sq feet it should cost around Rs 32 crores.)

19.     That the state government had sent proposal under FC Act to Government of India  for clearance of forest land to be used by Symbiosis Institute for non-forest use. The cost of the land mentioned in the proposal was only 7.62 lacs instead of Rs 7.62 crores suggested by Principal Chief Conservator of Forests, Maharashtra State.

CRIMINAL CULPABILITY OF C.S. JOSHI IFS & J.N. SAXENA IFS IN HUSHING UP THE MATTER:

The illegal stay order issued by Government dated 25-7-2006 on criminal proceedings is sill there since Principal Chief Conservator of Forests, Maharashtra did not give his opinion on the letter of Majumdar. Knowing fully well illegal stay on criminal proceedings, both JN saxena & CS Joshi, who were PCCFs during  2006 to 2010 did not give remarks deliberately and government took advantage of this. CS Joshi, who was PCCF during the period of Ashok Chavan as Chief Minister did ultimately give  his remark only when Ashok Chavan was removed as Chief Minister and he was about to be retired. This also he did only when a complaint was made to the government  and his action was called under RTI Act. JN saxena, was so afraid of remarks that he did not do any thing in the matter for almost one long year. Hence both are criminally culpable in the matter and should be prosecuted.

ROLE OF BP PANDE IAS, ADDL CHIEF SECRETARY & ASHOK CHAVAN THE THEN CHIEF MINISTER IN INTERFERENCE IN JUDICIAL PROCESS :

20. That on a complaint by one Mr Manish Singh, file was again put up before government on 25-10-2010 by desk officer.  Desk officer, Under secretary and Joint Secretary categorically mentioned in the file that

    • stay granted by government on prosecution dated 25-7-2006 and filing of charge sheet in court should be lifted.
    • Proposal submitted by state government to Government of India for FC Act clearance should be called back from Government of India.

But on 6-3-2010  Additional Chief Secretary Mr B.P.Pande had over-ruled lifting of stay on prosecution and mentioned that this decision should be taken only after comments are received from PCCF on letter sent to him almost 4 years ago.  [Pandeji… do you mean to say if PCCF says that administrative stay should continue on a criminal proceedings, the government would have accepted it… which otherwise also government was doing.  Pande has served as District Magistrate during his earlier days of  service and he is absolutely aware of CrPC and provisions of law. Thus it is he, who should be prosecuted immediately.]

  • Hon’ble Forest Minister had approved it and Mr Ashok Chavan , the then Chief Minister had decided against the recommendation of the department & Forest Minister. He wrote  that since regularization proposal had already been sent to Government of India  hence supplementary information be submitted to Government of India and wait for decision of Central Government. Thus, Ashok Chavan finally decided against lifting of stay on prosecution and calling back the proposal submitted to Government of India under FC Act.

21.     That when Mr Prithviraj Chavan had taken over as Chief Minister, the file was resubmitted by desk officer on 8-11-2010 with following recommendation:

    • Proposal submitted to Government of India under FC Act be called back from there and
    • Since PCCF vide his letter dated 8-6-2010 had submitted the comments on Dr Majumdar’s letter dated 10-6-2006 that is why stay dated 25-7-2006  granted on filing of charge sheet be lifted.

The Joint Secretary, Principal Secretary and Forest Minister had approved the file on 12-10-2010 and 16-11-2010 respectively but the chief Minster had not cleared the lifting of stay even after almost  one year and file is pending since then.

 

18 Responses to “Read Mantralaya files…. why Ashok Chavan and others should be prosecuted …Padma Shree award to Majumdar even after two criminal cases… how the then Chief Minister, Ashok Chavan , Neela Satyanarayan IAS the then Principal Secretary Forests & Rajendra Mangarulkar IFS, the then Joint Secretary had interfered in administration of criminal justice system…… Judicial criminal proceedings stayed by administrative order….. More direct interference in criminal proceedings than by Vilas Rao Deshmukh in Buldhana case, which was fined Rs 10 lacs by Supreme court: All to save Majumdar, President of Symbiosis Institute in exchange of admission of daughter of Rajendra Mangarulkar in management quota of MBA… Quid Pro quo…. Land worth Rs 72 Crores is being offered in Rs 7.60. Lacs”

  1. Ex PCCF says:

    Why have you left naming Nigam, Thosare, Asthana & ASK Sinha, who are also criminally culpable since they were CCF Pune during these days ? Law should be equal for all. Why you left them in your story.

    • hemant chhajed says:

      in forest department, law is not equal to all. it is not for all. only for indian fraud sevice, from village to capital these indian fraud service peoples bent law as per their wishes.from last 50 years,we loose all values and running for chatugiri of non-forest peoples..so we loose heritage of society.

    • hemant chhajed says:

      The senario is that the land sale is carried out long back… Mr. Chandras, who purchased huge lands near Pune and Pachgani-Mahabaleswar area. Please verify their transactions. Mr. Chandras employed retired surveior Mr. Yende, who wae in-charge of land records of Maharastra.

  2. Ex APCCF says:

    They will automatically come under investigation ?

  3. Office bearer of association says:

    This is high time that these IAS officers should be put on mat. Look here how blatantly they flout the rules.

  4. Another APCCF says:

    I was of very firm view that this website originated due to fight between two IFS officers of Maharashtra cadre. But now atleast one thing is for sure that Rajendra Mangarulkar is really a black sheep in our cadre. He really misused his position. But if head of the department is spineless person, what else could be expected?

  5. Ram Agrawal says:

    Maharashtra Forest department choron kaa department hai. Saare IFS chor hain. Ek doosare kee chori bachate hain,

  6. Rao IFS says:

    No not everybody is chor. Yes, most of them are chor. You should correct your views.

  7. You scratch my back, I would yours. There are 5-6 officers viz, Asthana, Thosare, Shree Bhagwan, Sarvesh Kumar, Thorat, who should be investigated for disproportionate assets. Look their postings. Only they are borne to be posted on Territorial posts. No one from us ever complains about it. Everyone of them is having at least 10 crores each. How can we compete with them ?

  8. Adv Manchanda says:

    It is indeed a very good report. Can you upload investigation report also ? If yes, it will give us a boost. I am waiting for that.

  9. This is certainly not fare that some officers are using this website forum for character assassination. This will not help anybody except harming ourselves. If there is any case with anyone, it could be given to PCCF for further inquiry. But what is this ?

  10. Rao IFS says:

    I request CIM to investigate matter of spending 47 crores in 4 months on water conservation projects in Thane circle during the tenure of a senior functionary of IFS association.

  11. What will happend by that Rao ? Everybody will shield that corruption in the department.

  12. Boss ka Boss says:

    Our IFS officers are so fool that they can not understand that Majumdar has given recognition to only that person, who was of some use to him. The moment it crossed officer/minister , he cares damn for them. There are many examples when after his job got over ( When he was conferred Padmshree and his prosecution was stayed) he was not entertaining even Pachpute.
    In sab idiots ke jor se kick karne se hee kaam chalta hai.

  13. Ex Mantralaya officer says:

    Atleast there is some balance between Secretary & Minister now. Thanks to Mr Pardeshi. If there are Pole & Munde on one side for minister then there are Jarnail Singh, Mohan Jha & Sgribhagawan on other side for Pardeshi. These 3 were with Pardeshi in Amaravati.
    HOFF is meaningless for everybody. Just imagine what would have happened, had Joint Secretary would have been of any non-IFS service. These HOFF, PCCF, APCCF would have sat in the chamber of Jog, under Secretary. Shame on them.
    Just lok at DG Police, when he comes to the Mantralaya, at least there are five six uniformed officers with him. And see our HOFF, PCCF , if there is no place in Thane rest house they would go back to Nagpur in the night and would come back to Mumbai next morning. It is because they have no resource to arrange any accommodation for them in Mumbai.
    Their life revolves around junior officers of forest department. They all should be sent to training institute of Tehsildar. I am sure present lot of higher ups in forest department has no caliber more than that of Tehsildar. So their new names should be :
    1. HOFF Tehsildar (MS),
    2. PCCF , Tehsildar (OSD),
    3. PCCF W/L , Tehsildar (WL), etc

  14. hemant chhajed says:

    floating net present value is only solution for this . this issue was already raised in land committe metting in mantralaya but no responce from top officials of revenue and forest officials. no will-power of these people, will deteorate forest lands in maharastra. the said issue discuss with many areas of peopels,they are also agitate….

  15. hemant chhajed says:

    So not only Mr. Nigam, Thosare the big shot Pccfs are also responsible for these land scandals . The basic records of forest lands were destroyed by these peoples only due to lack in supervision and poor record maintanance policy by these IFS peoples.

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