{"id":157,"date":"2010-12-21T16:31:40","date_gmt":"2010-12-21T16:31:40","guid":{"rendered":"http:\/\/www.cimforest.in\/?p=157"},"modified":"2024-10-11T14:17:26","modified_gmt":"2024-10-11T13:17:26","slug":"prosecution-against-symbiosiss-president-dr-majumdar-interfered-by-state-government-reserved-forest-valued-to-be-of-rs-7-62-crores-in-year-2006-offered-in-rs-7-lacs-by-state-government-on-senapati","status":"publish","type":"post","link":"https:\/\/cimforest.in\/?p=157","title":{"rendered":"Prosecution against Symbiosis’s President Dr Majumdar interfered by State Government For getting him Padmashree award: Reserved Forest valued to be of Rs 7.62 crores in year 2006 (present market value Rs 57 crores) offered in Rs 7 lacs by State Government on Senapati Bapat Road, Pune: Rajendra Mangarulkar IFS of Maharashtra Forest Department involved:"},"content":{"rendered":"

Pune : <\/strong>In another case of interference in criminal justice administration, Maharashtra Government has stayed the prosecution of Dr S. B. Majumdar, President of Symbiosis Institute of Management, Pune. Also in this case, by hiding sensitive information from Government of India that two FIRs have been already been booked against Majumdar of\u00a0 very serious cognizable and non-bailable offences, Maharashtra Government has cleared Majumdar\u2019s nomination of Padamshree award in 2005.\u00a0 In the same case, a reserved forest with present market value of Rs 15 crores was offered in Rs 7 lacs by State government by opposing recommendation of State Forest Department. This is to remind our readers that in similar interference, Supreme court has fined\u00a0\u00a0 state of Maharashtra Rs 10 lacs (Read Vilasrao Deshmukh in Buldhana case<\/strong>).\u00a0 As per evidences, Rajendra Mangarulkar IFS , the then DCF Pune is the\u00a0 kingpin of the case.<\/p>\n

1.\u00a0 The Symbiosis Society Pune was given 3.26 ha Reserved Forest land by State Government,\u00a0 on Senapati Bapat Road, in S.N. 81<\/strong> of Bhamurda Village, Pune on lease for 50 years vide TRS\/1873\/73842\/F-5 dated 7-10-1975.\u00a0 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.<\/p>\n

2.\u00a0\u00a0 In the year 2003, Symbiosis \u00a0Pune has encroached and acted criminally in violation of provisions of Reserved forest in SN 94 <\/strong>Bhamurda Village , Pune. An FIR no. 0-1\/2003-04 dated 27-6-2003<\/strong> <\/a>for \u00a0non-bailable & cognizable offence under section 26, 63 of Indian Forest Act, 1927 \u00a0\u00a0was registered by Round officer Bhamurda, Pune against Dr S.B. Majumdar, Founder President of Symbiosis .<\/p>\n

3.\u00a0\u00a0\u00a0 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<\/strong> <\/a>has granted permission to file charge-sheet against Dr S.B. Majumdar of Symbiosis, in the court of \u00a0Judicial 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. CCF cum nodal officer’s letter dated 13-6-2006 <\/a>confirms it.<\/p>\n

<\/strong><\/strong>4. <\/strong>It is very strange that for no apparent bonafied reason, the charge sheet was not filed in the court of Judicial Magistrate in the said offence . This led Majumdar to criminally violate the provisions of Indian Forest Act 1927 again.<\/p>\n

5.\u00a0 Though no action was done in the FIR of 2003,\u00a0 another\u00a0 FIR\u00a0 no. 4\/2005-06<\/strong><\/a> was registered against Symbiosis, Pune under section 26, 63, of IFA, 1927, IPC section 34, 427,434, Environment Act 1986 section 2, 3 and Land Revenue Act section 44 for non-bailable and cognizable offence on 11-06-2005.<\/p>\n

6. Surprisingly, even after filing of FIR no investigation was started in the matter as per provisions of Criminal procedure code 1973. Even investigating officer of the case had not informed the concerned judicial magistrate about filing of FIR, which is statutorily required in the criminal judicial system.<\/p>\n

7.\u00a0\u00a0\u00a0\u00a0\u00a0 Immediately after Chief Conservator of Forests had given permission to file charge sheet against Mr S.B. Majumdar on 13-6-2006, Majumdar with the help of Rajendra Mangarulkar, the then Joint secretary (Forests), who has got his daughter, Miss Neha Rajendra Mangarulkar admitted in MBA course of Symbiosis in management quota (<\/strong> normal unofficial rates of management quota\u00a0 in MBA is @ Rs 16 lacs\u00a0 per seat) could get his prosecution stayed from government level. Majumdar in its letter<\/a> dated 11-2-2010 has\u00a0 confirmed to CF Pune that he has given admission to Neha Mangarulkar in management quota for MBA.<\/strong> <\/strong><\/strong><\/p>\n

8. Under secretary, Revenue & Forest Department, Mantralaya, Mumbai vide letter no. FLD\/1906\/CR 553\/F-10 dated 25-7-2006<\/a> has stayed filing of charge sheet against Dr SB Majumdar, President, Symbiosis, Pune.\u00a0 It is pertinent to mention\u00a0 that \u00a0once FIR is booked for criminal offence, \u00a0government has no power to stay the investigation. This power is vested only in superior courts as per criminal procedure code 1973. <\/strong><\/strong><\/strong><\/p>\n

9. Needless to mention that Rajendra Mangarulkar IFS had not mentioned or brought this very fact to the notice of Government ( Read Minister or\u00a0 Chief Minister) \u00a0\u00a0that neither investigation can be stopped by Government nor prosecution against a non-public servant\u00a0 requires any sanction of the government. Thus, by staying the criminal judicial process illegally\u00a0 by mis-using it\u2019s authority, Government has interfered in criminal administration system. ( And for the same type of interference\u00a0 Maharashtra Government has been fined Rs 10 lacs by Supreme court recently, where the then Chief Minister, Vilasrao Deshmukh \u00a0had interefered in the same analogous way).<\/strong> <\/strong><\/strong><\/p>\n

10. \u00a0Even after reminding this provision of law, Government has 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 FIE of 2005 and not on FIR of 2003. <\/strong><\/strong><\/strong><\/p>\n

11.<\/strong> Though these offences were being committed continuously since 1996, because Mr Rajendra Mangarulkar, who was the then Dy Conservator of Forests, Pune Forest Division, FIR in the matter \u00a0could not be booked during his tenure as DCF Pune. Mangarulkar later became Joint Secretary, Revenue & Forest Department, Mantralaya, Mumbai dealing with the same case. He helped Majumdar to get his order of prosecution stayed by government.<\/p>\n

12<\/strong>.\u00a0 When Mr Rajendra Mangarulkar was transferred from DCF, Pune\u2019s post, Anurag Choudhari IFS took over charge of DCF Pune , but he too failed to initiate action against Majumdar. It was only when Ashok Khadse IFS was to take charge of DCF Pune in July 2003, FIR was booked on 27-6-2003. After Khadse had taken over, another FIR was booked in 11-6-2005 against Symbiosis. As a corrective measure Khadse ordered the Range Forest Officer, Bhamurda vide letter dated 3-7-2006<\/strong><\/a> to file the charge sheet in the court of law against Majumdar, President of Symbiosis Institute of management, Pune. <\/strong>This order was stayed by Mangarulkar, the then Jt Secretary R&FD by letter of Government dated 25-7-2006. <\/strong><\/p>\n

13. \u00a0After the intervention of the Government (Read Mr Mangrulkar), a move was started to save Mr S.B. Majumdar. The department of Forest was asked to put up a proposal under FC Act 1980 to regularize the encroached land by Mr S.B. Majumdar and drop the criminal charges. It was also suggested that after clearance of Forest Conservation Act, all the criminal cases would be dropped against Mr S.B.Majumdar.<\/p>\n

14. Meanwhile, DCF , PuneMr Ashok Khadse\u00a0 had issued\u00a0 letter dated 2-8-2006<\/strong><\/a> 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)<\/strong> 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.<\/p>\n

15. Till this date Government has not vacated the stay granted on criminal prosecution of Mr Majumdar. The cost of land of year 2006 has almost doubled now. And new value for the land now is more than Rs 15 crores.<\/strong><\/p>\n

<\/strong>16.\u00a0 \u00a0\u00a0\u00a0\u00a0\u00a0The stay has been granted for not filing the charge sheet in FIR booked in the year 2003. But even in the absence of any stay order by Government in another \u00a0FIR of 2005 , no prosecution, arrest or investigation have been carried out in the FIR.<\/p>\n

REASONS FOR NOT TAKING ANY ACTION AGAINST SYMBIOSIS &\u00a0 MAJUMDAR:<\/strong> <\/strong><\/p>\n

1.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 By not arresting Mr S.B. Majumdar, President Symbiosis, against whom cases were booked , Mr Mangarulkar has bargained M.B.A. seat for his daughter, Ms Neha Mangarulkar (2006-08) from Symbiosis Institute of Management. Thus, he has not paid unofficial donation money of Rs 16 lacs<\/strong> for the admission of his daughter. Thus, Mr Rajendra Mangarulkar as Public servant obtained valuable thing, without consideration from a person concerned in proceeding or business transacted by him as\u00a0 public servant. Thus he is prima face guilty of section 11 & 13 of Prevention of corruption Act 1988.<\/p>\n

2.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 A very serious fraud was committed by Mr Mangarulkar \u00a0\u00a0by not informing the government in time that Mr S.B. Majumdar is booked under criminal offences more than twice (2003 & 2005) and same are pending against him. By hiding this with Government of Maharashtra, Mr Majumdar\u2019s name was recommended for Padmshree to <\/strong>Government of India. And subsequently he was awarded Padmshree by H. E. President of India in the year 2005. Further Majumdar has also not informed to the Government of India that two criminal cases are pending against him .<\/p>\n

3.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 There is a move to part with Reserved forest land (0.76 ha) worth Rs 15 crore today to Mr Majumdar and take some nominal alternative land in its lieu as per provisions of FC Act. Almost every person in this chain, talks about his share.<\/strong> Very recently, it has been informed that one member of Central Empowered Committee of Hon\u2019ble Supreme court has also been approached for clearance of this very expensive land. Very recently head of the Forest force, Maharashtra state also in his report dated 18-01-2010 submitted to the to the government informed that cost of the land is more than 100 times of Net present\u00a0 value. Thus HOFF also agreed with rates proposed by Khadse to the Government.\u00a0 It is very important to note Majumdar , Mangarulkar with the\u00a0 help of the then Minister for Forests was forcing a rate of only Rs 7 lacs for the land instead of Rs 7 coroes in 2006. ( see PCCF\u2019s report dated 18-1-2010<\/strong><\/a>) \u00a0One can easily find out\u00a0 why a land piece of Rs 7 crore should be given for Rs 7 lacs only.<\/strong> It is also mentioned in the report of PCCF that office of the PCCF has recommended a price of Rs 7.62 crores and decision to\u00a0 reduce the rate to Rs 7 lacs was taken at Mantralaya level. Thus it is 100% a case of corruption adopted by Minister\u00a0 of Forests and Mangarulkar, where a land piece of Rs 7.62 crores\u00a0 ( which it self was as per scheduled rates of government, which generally remains 50% of the actual cost) was being offered at 1\/100th<\/sup> of it\u2019s price.<\/p>\n

4. \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Every one in Pune is aware of that Symbiosis Institute in Pune has more than four campuses in Pune . They have\u00a0 very big campuses in Hinjewadi, Viman Nagar, Shivaji nagar and has more than 100 acres of land in out skirt of Pune on Mumbai-Pune express highway. It can very easily be understood, that when so much alternative land is already available with Symbiosis in Pune, then what is the need of parting this reserved forest valued more than Rs 15 crores in peanuts ? <\/strong>Why FC Act clearance should be given in this case ? <\/strong><\/p>\n

POINTS OF EXTREME IMPORTANCE:<\/strong><\/p>\n

1. PCCF , Mr C.S. Joshi<\/strong> deliberately not informed in its report<\/strong> that<\/p>\n