{"id":214,"date":"2011-01-04T15:50:10","date_gmt":"2011-01-04T10:20:10","guid":{"rendered":"http:\/\/www.cimforest.in\/?p=214"},"modified":"2024-10-11T14:17:26","modified_gmt":"2024-10-11T13:17:26","slug":"in-a-reserved-forest-land-scam-to-the-tune-of-rs-297-crores-at-its-present-market-value-in-posh-area-of-pune-central-empowered-committee-of-honble-supreme-court-has-recommended-criminal-pr","status":"publish","type":"post","link":"https:\/\/cimforest.in\/?p=214","title":{"rendered":"In a Reserved Forest land scam to the tune of Rs 297 crores (at its present market value) in posh area of Pune, Central Empowered Committee of Hon\u2019ble Supreme court has recommended Criminal Prosecution against Narayan Rane, Minister in the Maharashtra Government;   Rajiv Agarawal IAS, Secretary to Government of India ;    Prakash Thosare IFS, the then CCF,  Pune and present Additional Principal Chief Conservator of Forests, Maharahstra;    Prabhakar Deshmukh IAS  and Vijay Kumar Gautam IAS  :::  Supreme court declined to take adminstrative action against Ashok Khadse IFS"},"content":{"rendered":"<p><strong> <\/strong><\/p>\n<p><strong>Pune: <\/strong>In a very strong recommendation, Central Empowered Committee of Supreme Court of India has recommended vide its letter dated \u00a0<a href=\"http:\/\/cimforest.in\/wp-content\/uploads\/2011\/02\/APCCF-CEC-Deterrent-action.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">28<sup>th<\/sup> April 2008 addressed to Mr Johny Joseph<\/a>, the then Chief Secretary, Maharashtra Government, deterrent action against<strong> Narayan Rane<\/strong> , Minister, \u00a0\u00a0<strong> Rajiv Agrawal IAS,\u00a0 the then Commissioner, Pune division,\u00a0\u00a0 Prakash Thosare IFS<\/strong> the then Chief Conservator of Forests, Pune and\u00a0<strong> Jwala Prasad IFS<\/strong>, the then Principal Chief Conservator of Forests along with the then DCF Pune.\u00a0 In its letter dated 28<sup>th<\/sup> April 2008, the CEC has recommended as\u00a0 follows:<\/p>\n<ul>\n<li><strong>\u201cI<\/strong>t has been      recommended that<strong> deterrent action <\/strong>should be taken against the present DCF,      Pune, his immediate superior<strong> CCF , Pune \u00a0\u00a0\u00a0\u00a0( read Prakash Thosare IFS), <\/strong>Collector      , Pune and the present PCCF, Maharashtra Forest department<strong> (read\u00a0 Jwala Prasad IFS)\u201d.<\/strong><\/li>\n<\/ul>\n<ul>\n<li><strong><em>Whereas in its <a href=\"http:\/\/cimforest.in\/wp-content\/uploads\/2010\/12\/CEC-Recommendation.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">recommendation of November 2008<\/a>, CEC has recommended to Hon&#8217;ble Supreme court that the senior functionaries and officers of the Government responsible for allotment\/ use of said reserved forest in violation of the FC Act and Hon&#8217;ble Supreme court&#8217;s order dated 12-12-96 should be prosecuted for criminal breach of trust and other provisions of the IPC. CEC was very specific in recommending prosecution against Narayan Rane, Rajiv Agrawal IAS, Vijay Kumar Gautam IAS.<\/em><br \/>\n<\/strong><\/li>\n<\/ul>\n<p><strong> <\/strong><\/p>\n<p><strong>The State Government has not taken any action in the matter till today. On the contrary, Prakash Thosare has recently been promoted to Additional Principal Chief Conservator of Forests Maharashtra  State.<\/strong><\/p>\n<p><strong> <\/strong><\/p>\n<p><strong>BACKGROUND OF THE CASE:<\/strong><\/p>\n<ol>\n<li>Under section 34 of Indian Forest Act 1878, in survey      no. 20 of viallge Kondhwa BK, Tal Haveli , Pune, 32 acres and 35 guntha      land was declared as reserved forest.\u00a0      Out of this, 3 acres &amp; 20 guntha\u00a0 reserved forest was disforested\u00a0 vide notification dated 5-1-1934.      The balance area of 29 acres &amp; 15 gunthas was renumbered as Survey no.      21 Kondhwa BK . This balance area of survey no. 21 remained Reserved      forest till today.<\/li>\n<li>Between 1898      to 1902 the forest areas of Pune were classified into\u00a0 four categories by Revenue &amp; Forest\u00a0      department viz.<\/li>\n<\/ol>\n<ul>\n<li> Forest proper<\/li>\n<li> Fuel reserves<\/li>\n<li> Fodder reserves and mixed fuel &amp; fodder       reserves<\/li>\n<li> Pastures.<\/li>\n<\/ul>\n<p><strong> <\/strong><\/p>\n<p>The said classification has been accepted by the Government vide resolution dated 17<sup>th<\/sup> November, 1902. It was decided that areas identified as pastures will be transferred to the Revenue department and that pasrts of the pasture land may be given out for cultivation under general control of the Commissioner.<\/p>\n<p>3. \u00a0 \u00a0 \u00a0 Pursuant to<a href=\"http:\/\/cimforest.in\/wp-content\/uploads\/2011\/01\/CEC-notification-1902.pdf\" target=\"_blank\" rel=\"noopener noreferrer\"> government resolution dated 17<sup>th<\/sup> November 1902<\/a>, in the land records of the      Revenue department the area of survey no. 21 Kondhwa Bk has been recorded      as Government grazing ground. On the other hand, Forest      department had not rectified the said transfer of land in its records,      hence in the record of forest department, this land of survey no. 21 has      been shown to be reserved forest under administrative control of the      Forest Department.<\/p>\n<p>4.\u00a0\u00a0\u00a0\u00a0\u00a0 That during 1960 an area of 36.31 acre in s.n. 37 of      Kondhwa BK belonging to Chavan family has been acquired for Dr Bandorwala      Leprosy Hospital and for which Rs 7424\/- was fixed as compensation bby      collector. As per Special Land Acquisition officer the compensation for      the said land has not been delivered to the owners of the land acquired.      In lieu of the acquired land, land owners requested for allotment of      alternate government land at survey no. 20A and village Kondhwa Bk. The      Tahsildar Haveli vide letter dated 13-5-1968,      allotted 29 acres and 15 guntha (11.89 ha) area bearing survey no. 20-A      Kondhwa Bk on Eksali 9(yearly) basis for cultivation to Mr Aba Ganu Chavan      and three other members of the family. The Eksali lease has not been      renewed thereafter.<\/p>\n<p>5.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 From the year 1966-67 ownwards and till 1997-98 the      names of Sripati Pandu Chavan , Kesu Hari Chavan , ABa Ganu Chavan and      Baban Sripati Chavan are recorded as cultivators on yearly basis in      revenue records.<\/p>\n<p>6.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 That Forest      department has neither objected nor booked any offence under the      provisions of IFA 1927 for breaking the soil for agriculture purpose for      almost 25 years . It was only in the year 1991, the then<a href=\"http:\/\/cimforest.in\/wp-content\/uploads\/2011\/01\/CEC-DCF-18-3-91.pdf\" target=\"_blank\" rel=\"noopener noreferrer\"> DCF Pune vide      letter dated 18-3-1991<\/a> had written to the revenue authorities informing      them that area in question is a reserved forest. Thus Revenue department      should make necessary rectification in the revenue records.<\/p>\n<p>7.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 On <a href=\"http:\/\/cimforest.in\/wp-content\/uploads\/2011\/01\/CEC-Collector-19-6-91.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">19-6-1991, Collector Pune<\/a> recommended for the grant of 3 acres 20      gunthas area out of 29 acres 15 guntha area of S.N. 21 (old S.N. 20-A)      Kondhwa Bk to \u00a0Abu Chavan, Baban      Sripati Chavan, Keru Hari Chavan, Sripati Pandu Chavan. In the said      recommendation it has been stated\u00a0      that the said area is a reserved forest and was given on Eksaali      lease for one year during 1968-69 to proposed allottees for cultivation.      Since only 3 acres and 20 gunthas of the land ( though as per revenue      records it was 3.30 ha area was under cultivation and not 3 acres and 20      gunthas) was under cultivation\u00a0      hence as per rule, they are eligible for allotment of 3 acres and      20 gunthas land.<\/p>\n<p>8.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 On <a href=\"http:\/\/cimforest.in\/wp-content\/uploads\/2011\/01\/CEC-MSEB-Refusal.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">26-8-1994, the said land was refused to be      allotted to MSEB<\/a> by Collector , Pune on the ground that the said land is a      reserved forest.<\/p>\n<p>9.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Surprisingly, Commissioner      Pune division, had recommended to Government vide letter      dated 30-11-1994, that as a special case the entire area of      11.89 ha reserved forest (29 acres 20 gunthas) be granted to the above      said beneficiaries or their legal heir in proportion for cultivation and      farming under Rule 19 of the MLRC ( Govt land nirgat) Rules 1971. It is      not known , on what ground and whose persuasion &amp; pressure,      Commissioner, Pune had over ruled Collector\u2019s recommendation. Needless to      mention that market price of the land at present is more than Rs 200      crores.<\/p>\n<p><strong> <\/strong><\/p>\n<p><strong> <\/strong><\/p>\n<p><strong> <\/strong><\/p>\n<p><strong> <\/strong><\/p>\n<p><strong>CHANGE FROM PUBLIC\/SEMIPUBLIC ZONE TO RESIDENTIAL ZONE:<\/strong><\/p>\n<p>10\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 In the regional plan of Pune sanctioned on 7-2-1976,      the area of Survey no. 20A of Kondhwa BK was in Public\/semi-public zone.      The Government of Maharashtra has notified new Regional Plan on      25-11-1997. As per the entry MF-10 pertaining to planning unit \u201cE\u201d , the      land (Reserved forest)\u00a0 in old      s.n.20A (New survey no. 21) Kondhwa BK have been deleted from      Public\/semi-public zone and included in the \u00a0Residential Zone. The letter dated      10-6-94 of Deputy Director       Town planning reveals that above change has been made considering that the proposal for      allotment of the said land is under consideration of the Government.      Interesting point here is that this letter of DDTP dated 10-6-94 was      written much prior to the letter of Commissioner , Pune dated 30-11-94      recommending grant of this land to Chavan. Hence at the time of DDTP      letter there was no proposal under consideration before government as      mentioned in DDTP\u2019s letter. Thus , it is a clear cut case of Criminal Conspiracy.<\/p>\n<p>11.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 This above change made in Regional plan made it      possible for<\/p>\n<p><strong> <\/strong><\/p>\n<ul>\n<li> Subsequent grant of permission for the sale of land by the divisional commissioner, Pune<\/li>\n<li> Grant of non-agriculture permission by Collector , Pune<\/li>\n<li> Sanction of building plans by the Pune Municipal Corporation for construction of multi stories buildings and commercial use of the said land.<\/li>\n<\/ul>\n<p>But for the above changes in the Regional Plan, the land could have been used only for agriculture purpose.<\/p>\n<p>12. \u00a0 \u00a0 \u00a0 \u00a0 \u00a0\u00a0 That\u00a0 Collector Pune vide his letter dated 6-6-1998 has informed to the Government that the said land as per mutation entry made in register of land the said area is shown as <strong>Reserved Forests <\/strong>whereas as per village records the area is shown as Government land. It was also stated in the letter that the area was under cultivation right from 1970-71. Subsequently,<strong> <\/strong>Collector, Pune vide letter dated 27-7-1998 asked the Government (Revenue &amp; Forest Department) to confirm the said land is Reserved Forest.<\/p>\n<p><strong>ALLOTMENT OF RESERVED FOREST TO\u00a0 MEMBERS OF CHAVAN FAMILY:<\/strong><\/p>\n<p>13.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Though Commissioner , Pune division &amp; Collector,      Pune tried their level best to convince government to allot the said land      to Chavan family, but both revenue and forest departments at Mantralaya      level\u00a0 did not agree with the Commissioner      and Collectors\u2019 view on the subject. Both Revenue and Forest departments      took stand that in the present case prior approval of central government      is required under Forest Conservation Act 1980 for its allotment for      agriculture purpose.<\/p>\n<p><strong> <\/strong><\/p>\n<ol>\n<li>That even after this categorical view of both the      departments that land in question is Reserved forests and provisions of      Forest Conservation Act, 1980 are applicable in the case, Mr Narayan Rane,      Revenue Minister in connivance with Law &amp; Judiciary department of      Government of Maharashtra, took the stand that the said land was granted      for agriculture purpose by the government and that the applicant was using      the said land continuously for such purpose and therefore, the provisions      of the FC Act are not applicable in this case. He sought <a href=\"http:\/\/cimforest.in\/wp-content\/uploads\/2011\/01\/CEC-LJD-opinion.pdf\" target=\"_blank\" rel=\"noopener noreferrer\"><strong>legal opinion      on this point from L&amp;JD<\/strong><\/a>, which confirmed the stand taken by      Revenue Minister after which the Revenue Minister , <strong>Narayan Rane passed the order granting the Reserved forest land      for agriculture purpose<\/strong>.<\/li>\n<\/ol>\n<ol>\n<li>The sanction for the allotment of 11.89 ha of      Reserved forest land bearing Survey no. 21 of village Kondhwa Bk to Mr      Abna Kanu Chavan and others for agriculture purpose was issued vide <a href=\"http:\/\/cimforest.in\/wp-content\/uploads\/2011\/01\/CEC-Govt-4-8-98.pdf\" target=\"_blank\" rel=\"noopener noreferrer\"><strong>Revenue      department\u2019s letter dated 4-8-98 <\/strong><\/a>and 13-8-98. Thereafter, the      District Collector, Pune , Mr Vijay Kumar Gautam passed the <strong><a href=\"http:\/\/cimforest.in\/wp-content\/uploads\/2011\/01\/CEC-Collector-28-8-98.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">order dated      28-8-98<\/a> <\/strong>allotting the said reserved forest land to them as      class two holders for agriculture purpose. The allotment order      specifically provides that the allottees are not entitled to mortgage,      sell or transfer the land without the prior permission of the District      Collector, Pune and that the land shall not be used for any other purpose      except for agriculture.<\/li>\n<\/ol>\n<ol>\n<li>Within a short period of 14 months after the      allotment , the <strong>Divisional      Commissioner , Rajiv Agrawal vide <a href=\"http:\/\/cimforest.in\/wp-content\/uploads\/2011\/01\/CEC-Commissioner-30-10-99.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">order dated 30-10-1999 granted      permission for sale<\/a> of the \u00a0said      land by the members of the Chavan family to the Chief Promoter, Richie      Rich Cooperative housing Society subject to the payment of 75% Nazarana of      the price as fixed by the Collector. The above permission was given      without obtaining approval opf central government under FC Act. Needless      to remind here is that land in question is still a reserved forest. It has      not been disforested or deserved under the provision of Indian Forest      Act at any given time.<\/strong><\/li>\n<\/ol>\n<p><strong> <\/strong><\/p>\n<ol>\n<li><strong> <a href=\"http:\/\/cimforest.in\/wp-content\/uploads\/2011\/01\/CEC-Nazarana.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">Nazarana amount of Rs 102.55 lacs<\/a> ( One      crore two lacs fifty five thousand)<\/strong> was deposited by Mr Anirudh      Deshpande, Chairman of Richie Rich Cooperative Housing Society (RRCHS)on      10-1-2000. Thereafter, during year 2000, through 12 sale deeds executed in      its favour M\/S RRCHS\u00a0 purchased the said      reserved forest from members of the Chavan family. Copy of <a href=\"http:\/\/cimforest.in\/wp-content\/uploads\/2011\/01\/CEC-Index-II.pdf\" target=\"_blank\" rel=\"noopener noreferrer\"><strong>Index II of      one of such sale deed is dated 13-1-2000<\/strong><\/a>.<\/li>\n<\/ol>\n<p><strong> <\/strong><\/p>\n<ol>\n<li>The district collector Pune vide order dated <strong>8-7-2005      granted non-agriculture permission <\/strong>for the construction of      residential buildings in an area of <strong>11,00,210      sq feet<\/strong>. Before grant of said permission approval under FC Act was not      obtained. Such approval under FC Act would have been required even if the      said land was originally allotted after obtaining the approval under FC      Act.<\/li>\n<\/ol>\n<ol>\n<li>The Pune Municipal Corporation <strong><a href=\"http:\/\/cimforest.in\/wp-content\/uploads\/2011\/01\/CEC-Commencement-certificate.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">issued commencement certificate<\/a> and      sanctioned the building plans on 27-2-2006<\/strong>.<\/li>\n<\/ol>\n<ol>\n<li>The <a href=\"http:\/\/cimforest.in\/wp-content\/uploads\/2011\/01\/CEC-Environmental-clearence.pdf\" target=\"_blank\" rel=\"noopener noreferrer\"><strong>environmental clearance<\/strong><\/a> for the construction      of residential, shopping and IT complex \u201cRaheja Richmand       Park\u201d was granted by      MoEF on 3-7-2007. The environmental clearance is for the construction of      1550 flats in five multi storied \u00a0buildings varying from 17 to 25 floors,      three club Houses, 32 row houses and shopping area in 14,000 sq feet. The      built up area is to be 29,56,500 sq feet area.<\/li>\n<\/ol>\n<p><strong> <\/strong><\/p>\n<p><strong>TODAYS COST OF THE FLAT IN THE AREA IS @ 5000\/- SQ FEET, HENCE ATUAL MONEY TO BE GENERATED FROM THE PROJECT IS \u00a0\u00a0Rs\u00a0 5000* 2956500= 14,78,25,00,000 minus construction cost and cost of land .<\/strong><\/p>\n<p><strong>NEXT\u00a0 PART OF THE STORY WOULD BE COVERING ROLE OF OFFICERS OF REVENUE ,\u00a0 FOREST AND LAW &amp; JUDICIARY DEPARTMENT<br \/>\n<\/strong><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Pune: In a very strong recommendation, Central Empowered Committee of Supreme Court of India has recommended vide its letter dated \u00a028th April 2008 addressed to Mr Johny Joseph, the then Chief Secretary, Maharashtra Government, deterrent action against Narayan Rane , Minister, \u00a0\u00a0 Rajiv Agrawal IAS,\u00a0 the then Commissioner, Pune division,\u00a0\u00a0 Prakash Thosare IFS the then [&hellip;]<\/p>\n","protected":false},"author":4,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2,3],"tags":[],"_links":{"self":[{"href":"https:\/\/cimforest.in\/index.php?rest_route=\/wp\/v2\/posts\/214"}],"collection":[{"href":"https:\/\/cimforest.in\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/cimforest.in\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/cimforest.in\/index.php?rest_route=\/wp\/v2\/users\/4"}],"replies":[{"embeddable":true,"href":"https:\/\/cimforest.in\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=214"}],"version-history":[{"count":1,"href":"https:\/\/cimforest.in\/index.php?rest_route=\/wp\/v2\/posts\/214\/revisions"}],"predecessor-version":[{"id":1330,"href":"https:\/\/cimforest.in\/index.php?rest_route=\/wp\/v2\/posts\/214\/revisions\/1330"}],"wp:attachment":[{"href":"https:\/\/cimforest.in\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=214"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/cimforest.in\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=214"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/cimforest.in\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=214"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}