36 Floor ‘Tower of Irregularities’  at
Altamount Road, South Mumbai 

Who said 2 and 2 make 4 ?
A few people believe that 2 and 2 make 22.
They plan things that way.
And they also make this weird mathematics work for them.

I am referring to the promoters of the 36-storey under construction building in one of the most swanky areas of South Mumbai  –  on Altamount Road – close to the famous Antilia.

Antilia

Antilia, named after the mythical Atlantic island of Antillia is,  the

Antilia

27-floor home of Mukesh Ambani.  You can read more about it in Wikipedia.
http://en.wikipedia.org/wiki/Antilia_(building)

Antilia is situated on an ocean-facing 4,532 square metres (48,780 sq ft) plot at Altamount Road, South Mumbai, where land prices are upward of US$10,000 per square metre. In August 2008, Altamount Road was the 10th most expensive street in the world at US$25,000/sq m (US$2,336 per sq foot).

The purchase of the land on which Antilia stands is mired in mystery and covered in a veil of secrecy. In 2002, this property was purchased by Antilia Commercial Private Limited – a Mukesh Ambani entity – from the Currimbhoy Ebrahimbhoy Khoja Trust, in direct contravention of Section 51 of the Wakf Act.

Currimbhoy Ebrahim Khoja Yateemkhana (Orphanage), a charitable institution, sold the land allocated for the purpose of education of underprivileged Khoja children, to Antilia Commercial Private Limited in July  2002 for Rs 21.05 crore. The market value of the land at the time was at least Rs.150 crore.

There were a number of other problems and hurdles involving the deal, including litigation, but all these were gradually resolved.

Tower of IrregularitiesNow, close to Antilia, a 36-storey building, under construction on Altamount Road,  has been nicknamed the ugliest building of the area and has also earned the infamous term ‘the Tower of Irregularities’.

Just take a quick look at the list of irregularities.

The 17th to 36th floors of the under-construction building has 20 duplex apartments. Each flat measures 2,300 square feet. Nothing great about this!
There are several flats in the area with much larger areas.

However, each flat:

• Is surrounded by two 471 sq ft of air-handling units
  (ostensively for installing the air conditioning units).
• Has 791 sq ft lily ponds,
• A 368 sq ft letter box and
• Other ‘amenities’ covering over 8,000 sq ft.
• Each of these FSI-free spaces is larger than the living room (342 sq ft).
• The building has an astounding 317 parking slots for just 20 duplex flats, a  mere 16 cars per flat.

In essence, where the basic FSI would permit construction of 53,000 sq ft only, the total construction area, including the FSI-free areas, has been stretched to 4.67 lakh sq ft, or 9 times the permissible area. Calculate the mind boggling money involved……..

But the builder may not be lucky

Krishna Developers, the builder may be heading for serious trouble. The residents of three neighbouring housing societies – Prithvi, Jupiter and Prabhu Kutir Apartment – had filed a series of complaints with the Urban Development Ministry and the municipal corporation seeking a stop work order. But there was no such order.

52 housing societies of the locality have joined hands to fight the construction which they believe flouts all development control rules. The Altamount Road Area Citizens Committee (ARACC), an umbrella body of all Altamount residential buildings, has taken up the issue.
They have decided to file a PIL against Krishna Developers.

The locals claim, “Altamount Road is already stretched beyond its limits with the vehicular traffic and cars parked on both sides obstructing movement through the day and night. Fire tenders are unable to reach the site of a fire thereby resulting in substantial damage to property and the safety of our residents is under threat”….

“The design of this building is such that it will be impossible for a fire engine to reach the building from the entrance. The fire engine would also be unable to go around the building in case of a fire”.

Role of Government Agencies

The building plans for the 36-storey building were approved by BMC, the civic body, in 2007. So long, the government authorities have turned the proverbial Nelson’s eye to the various allegations.

The Bombay High Court may soon have to decide the issue. The freebies extended to the builders  are far too excessive to be overlooked.

What should be done

Merely cancelling a portion of the construction will not be a sufficient deterrent. All those responsible should be suitable punished.

Land prices are very high in Mumbai. And they are the highest in South Mumbai. It is natural that builders and the govt. authorities connive with each other and misuse all the legal provisions.  The stakes are much too high.

November 8, 2011 – I came across the above headlines in the Mumbai Mirror today. After having served the Government of India for four decades, and observing how it, or rather those who subvert the entire system function, I was not surprised.

A high ranking officer, allegedly caught taking a bribe of Rs. 2 crores is back in his post after a 18 month deemed suspension. What is surprising is why and how ?

The same tabloid contains a news item that a bus conductor sacked for Rs. 119 gets his job back after 11 years. The charge against him was there was shortage of Rs. 119 in his cash. 

 The Facts

Back to our hero, Mahendra Singh Bali (59), a 1978-batch Indian Postal Service officer, then Chief Postmaster General of Maharashtra, was arrested by the Central Bureau of Investigation (CBI) on February 25, 2010. for allegedly taking a bribe of Rs 2 crores from a builder.

The CBI  took the action on the basis of complaint by Rita Shah, a former Mira-Bhayander corporator. According to the complaint, Bali had asked for the bribe to issue a No Objection Certificate for developing a 2,000-sq-mt plot in Mira Road, part of which was reserved for a post office.

According to reports, after Bali’s arrest last year, the CBI carried out searches of his office and residence in south Mumbai,  and found 34 lakh in Indian rupees, and foreign currency – $10,722, £3,050, 3,470 Euro – from four briefcases.
The CBI also seized laptops, and 45 bottles of imported liquor.

Further enquiries revealed that Bali owned several properties in Faridabad, Panchkula, Dwarka, Bhopal and Gurgaon. The CBI found that he had 22 bank accounts with a total balance of Rs 26 lakhs. The collective value of the properties is still to be evaluated.

Central Administrative Tribunal

Bali challenged his suspension before the Central Administrative Tribunal (CAT), Mumbai which ordered his reinstatement last week. On November 4, 2011, Bali  was reinstated as the Chief Postmaster General of West Bengal.

The reinstatement was ordered on a technical ground  –  violation of the central civil service rules. “This was a case of deemed suspension. In such cases, the suspension has to be reviewed in 90 days, and as this was not done, the initial order was rendered invalid before the law,”

The issue is not about Bali. Even though Bali is reinstated, proceedings and prosecution will continue.

What should be done

It is for the government, for the CBI and the CVC to find out who are the officers who did not follow the central civil service rules, who did not review the suspension in accordance with the law, and allowed the central administrative tribunal to pass the order it did.

Some one should find this out and take action against the concerned officers.
Otherwise, this sort of aberrations will continue….the guilty will continue to be back in their posts……….

Any one has any better suggestions ?

November 9, 2011

Someone in Delhi has read the news and the result….
Bali has again been suspended yesterday.

This is a bizarre story of a high handed lady magistrate in Mumbai who travelled in local travels in Mumbai without paying for her tickets.

Arundhati Ashok Walavalkar was appointed a Metropolitan Magistrate in Bombay on 28.5.1992.
She travelled between Mulund and Dadar on First Class.
She was caught by the Railway Ticket Checkers on at least three occasions.

She behaved offensively with the Railway officials.
The Railway authorities reported the matter to the Bombay High Court.
The High Court found her guilty of ticketless travel and compulsorily retired her on 27 September 2000.

The matter went up to the Supreme Court.

The Supreme Court decided against her

in CIVIL APPEAL NO. 6966 OF 2004

ARUNDHATI ASHOK WALAVALKAR …. Appellant

Versus

STATE OF MAHARASHTRA …. Respondent

Order Passed by: Dr. MUKUNDAKAM SHARMA, J.
Date of Order: 13 January 2011 

The Supreme Court observed:

“1. This appeal was filed by the appellant herein being aggrieved by the judgment and order passed by the Division Bench of the Bombay High Court dismissing the writ petition filed by the appellant herein.

“3. The allegation against the appellant was that she had travelled without tickets on 21.2.1997, 13.5.1997 and also on 5.12.1997 when she was caught. The charges here not only related to such incidents of ticketless travelling but also about misusing her official identity card and for making unnecessary scene on the Railway platform and giving threats to the Railway staff which was considered to be misconduct unbecoming of a judicial officer as per Rule 3(iii) of the Maharashtra Civil Services Conduct Rules, 1979.

“21. In this connection, we may also refer to a letter written by her on 8.12.1997 to  the General Manager, Central Railway, Mumbai. The said letter was admittedly written by her and it reads as follows:-

“I would like to mention to you that sometimes, I am required

to enter into your local Trains to reach my Court in time, as the

vehicle given to us is a pooling one which takes a very long

time due to unexpected traffic on the roads or break downs.

During such occasions, I am unable to buy tickets because of

short of time and consequently it had happened so, that I had

to face your nagging ticket collectors. Your lady ticket

collectors at Dadar instead of understanding our difficulties

have further harassed us in the most insulting manner and

this has left a deed scar in our mind. If you care to know how

nasty your people could be, you may depute a representative

to whom we can explain the facts.

I am aware that the Metropolitan Magistrates handling the

matters of any railway police station on central line get first

class free pass right from Nagpur to Igapturi. Even the staff

attached to such Magistrates also get free passes. We also

attend to the work of railways on Saturdays, Sundays and

holidays. Are we therefore, not entitled, at least to stand in

the first class compartments of local trains only for the

purpose of reaching our Courts in time during such

emergencies ? Please do the needful in this matter urgently

by giving necessary instructions to the ticket collectors so that

we are not humiliated by your ticket collectors on this count

and made to pay fine.

If you are of the negative opinion, that even this little courtesy

cannot be extended to us, please communicate to me, so that I

am prepared for such eventualities. Your early response

would be highly appreciated.”
“29. …..This is the case of judicial officer who was required to conduct herself with dignity and manner becoming of a judicial officer. A judicial officer must be able to discharge his/her responsibilities by showing an impeccable conduct. In the instant case, she not only travelled without tickets in a railway compartment thrice but also complained against the ticket collectors who accosted her, misbehaved with the Railway officials and in those circumstances we do not see how the punishment of compulsory retirement awarded to her could be said to be disproportionate to the offence alleged against her. In a country governed by rule of law, nobody is above law, including judicial officers. In fact, as judicial officers, they have to present a continuous aspect of dignity in every conduct. If the rule of law is to function effectively and efficiently under the aegis of our democratic setup, Judges are expected to, nay, they must nurture an efficient and enlightened judiciary by presenting themselves as a role model. Needless to say, a Judge is constantly under public glaze and society expects higher standards of conduct and rectitude from a Judge. Judicial office, being an office of public trust, the society is entitled to expect that a Judge must be a man of high integrity, honesty and ethical firmness by maintaining the most exacting standards of propriety in every action. Therefore, a judge’s official and personal conduct must be in tune with the highest standard of propriety and probity. Obviously, this standard of conduct is higher than those deemed acceptable or obvious for others. Indeed, in the instant case, being a judicial officer, it was in her best interest that she carries herself in a decorous and dignified manner. If she has deliberately chosen to depart from these high and exacting standards, she is appropriately liable for disciplinary action.

30. We fully agree with the conclusions arrived at by the disciplinary authority……..”

Well said and well decided.
The Magistrate has been rightly punished.
But the public expects the same standards from their political leaders…leaders who lead the nation’s destiny.

Such leaders should never say they are innocent till proved guilty.
If the needle of suspicion – supported by loss to the nation, loss to the public is ever raised, they should be thrown over board.

I never dreamt of joining any service. But one day, I saw an advertisement for the Indian Administrative Services Examination which is conducted by the Union Public Service Commission and filled the form. I was not serious about the examination. So I did not do any preparation and did not take any coaching. But I was selected !

I was offered the Indian Police Service and the Indian Revenue Service. My mother did not like the idea of her second son becoming a police officer and could not understand why a softie like me should be selected for the Police. In those days, mothers ruled the roost and had the final say. Right or wrong, the mother was always right. So I landed up in the Indian Revenue Service.

But unlike my colleagues, friends and foes alike, I continued with my studies, getting a Masters in Law, 6 Post Graduate Diplomas in different fields, and the highly coveted Ph.D. in law.

Convocation Dress

When I was declared to have qualified for the Ph.D., the University of Bombay sent me a form for the next convocation – whether I would like to attend the convocation, and take the diploma in persona or take the diploma in absentia (which means collecting it from the University office after the convocation).

I had never attended a convocation before. So this time, I made up my mind to attend the convocation. I asked my staff to obtain a convocation dress for me.
They searched everywhere (I really could not understand why they had to search so much), and after a lot of effort, managed to hire a set of convocation dress from an old time photographer.

On the day of convocation, I proudly dressed up in the hired convocation dress and arrived at the university premises.  I was shocked to learn that the Bombay University had discontinued the old traditional convocation dress several years ago and males were to be dressed in simple white shirt and trousers.

So I had to take off the convocation dress which only made everyone stare at me and since I was not wearing the white shirt and trousers, I could not take part in the convocation procession. I had to be content with watching the entire proceedings from a chair in the University Convocation Hall.

It was therefore a bit of stale news to me  to learn that at a convocation function at the Indian Institute of Forest Management in Bhopal, the Union Environment Minister Jairam Ramesh found the traditional attire  ‘barbaric’ and ‘a sign of colonial slavery’ and discarded the square hat and the red and yellow gown he wore.
The Indian Institute of Forest Management is a under Jairam’s ministry. Which sane person could question his outburst?

I am surprised to hear that soon after, Bihar Chief Minister, Nitish Kumar called for a debate on convocation clothes.

But my dear sirs, both of you are a little too late.
Bombay University has already taken a lead.

Advocates Robes

After my retirement, I appear in some courts and forums. An advocate is required to wear the traditional lawyers dress…..black coat, tie or band, white shirt and trousers.
Of course, lawyers may not wear the black coat during the summer for a month or so.

The dress is colonial no doubt. But it is still in vogue in many countries of the world.
I have no grievance on this score.
The dress is all right in air conditioned environment. But it is really awful to see lawyers perspiring in the lower courts and forums, where some times even fans don’t work.

Is it not time to become practical and have a more practical dress code for lawyers in India?
You don’t need public debate on this. The Bar Council of India, the Supreme Court, the Government ..in fact, anyone can take the lead.
I am sure everyone will welcome the change.

Club and School Dress

For these, who are allergic to dress codes, I can only point out that some elite clubs and most elite schools have some sort of dress code.
And the dress code is not imposed by any one from outside, but by the management themselves.

If you don’t like the dress code, don’t join these institutions.
Don’t join the elite club.
Don’t send your child to that elite school.
That’s all……

The matter is as simple as that.

Abortion & Law

There are different legal provisions relating to abortion in different countries.

The Position in India

In India, abortion is not allowed after 12 weeks of pregnancy.
This has led to a piquant situation.

A Unique Case

A couple in Mumbai – Niketa and Haresh Mehta were expecting a child.
A sonography test revealed that the 25 week old foetus had a congenital heart block.
The child-to- be-born would need a pace maker right from its birth and constant medical treatment for the rest of its life involving huge medical expenses.
They decided to get the baby aborted.
Doctors refused to carry out the abortion because abortion after 12 weeks of pregnancy is illegal.

The couple approached the Bombay High Court.
The Bombay High Court appointed an expert committee of three doctors to give their recommendations.
The team gave a report that they were in not in favour of the abortion, but the final decision had to be taken by the couple.

The Judges called the couple and discussed the matter with them.
The couple said they did want a child – but a healthy one.
So they wanted abortion – if legally possible.

The judges offered a suggestion that the state would take care of all the medical expenses of the child.
The couple did not accept the suggestion.
They did not have faith that the government would give timely help.

Dilemma

The Judges are in a dilemma.
They want to follow the law.
They have directed the expert committee to give a clear opinion.

Lord Dennings

It is a well know fact, that under the guise of interpreting laws, judges are constantly making laws.

In the words of Lord Dennings:“ Law does not stand still. It moves continually.Once this is recognised, then the task of the Judge is put on a higher plane.
He must consciously seek to mould the law so as to serve the needs of the time. He must not be a mere mechanic, a mere working mason, laying brick on brick, without thought to the overall design.

He must be an architect – thinking of the structure as a whole, building for society a system of law which is strong, durable and just.It is on his work that civilised society itself depends.”

Go ahead Judges.
You don’t need the support of a team of doctors.
You have the support of the noblest legal luminary in the world.

Dr. Binoy Gupta