{"id":924,"date":"2011-08-08T18:44:27","date_gmt":"2011-08-08T13:14:27","guid":{"rendered":"http:\/\/www.cimforest.in\/?p=924"},"modified":"2024-10-11T14:17:17","modified_gmt":"2024-10-11T13:17:17","slug":"against-all-provisions-of-laws-forest-residential-colonies-rest-houses-offices-spruced-out-in-reserved-forest-rajendra-mangarulkar-and-ak-nigam-both-ifs-officers-of-maharashtra-cadre-involved-in","status":"publish","type":"post","link":"https:\/\/cimforest.in\/?p=924","title":{"rendered":"Against all provisions of laws ::: Forest residential colonies, rest houses, offices spruced out in reserved forest  of Pune city. Rajendra Mangarulkar and AK Nigam, both IFS officers of Maharashtra cadre involved in criminal violations of Forest Conservation  Act &#038; IFA. State of Maharashtra promoted them.  Huge financial irregularities committed by them in illegal constructions of such colonies. All relevant papers such as estimates, plans, vouchers &#038; permissions are not available (stolen) in offices. No complaint filed with police by any officer under  pressure from duo\u2026.."},"content":{"rendered":"<p style=\"text-align: justify;\"><span style=\"color: #0000ff;\"><strong>Before we start understanding the actual story, let us understand that even forest department requires permission under FC Act 1980 for using forest land for non-forestry purpose such as construction of office building , rest houses and residential building. Generally, when Principal Chief Conservator of Forests wants to save his\u00a0 right hand men involved in such violations, he may take a line that\u00a0 provisions of FC Acts are not applicable on Forest officers\u00a0 violating the provisions of FC Acts, as if they are above the law. Hence he would not recommend any action viz,. criminal or administrative against them. But if officer involved is not to his liking, he may recommend action against such officer for violation of FC Act, in whose case every other officers including the then serving PCCF said that it was not violation of FC Act.<\/strong><\/span><\/p>\n<p><span style=\"color: #ff0000;\"><strong>Example: Construction of Forest office complex in Pune on reserved forest:<\/strong><\/span><\/p>\n<ol>\n<li style=\"text-align: justify;\">For construction of administrative office building and rest houses for forest department in 2.08 ha Reserved forest in Village Bhamurda, S. No. 97 , Compartment no. 173, Bhamurda Forest Range, Government of Maharashtra has accorded administrative approval on <a href=\"http:\/\/cimforest.in\/wp-content\/uploads\/2011\/07\/BH-GR-28-3-2011.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">28-3-2011 vide its GR No. EST-2011\/CR 50\/F-9. This administrative approval<\/a> has been given for Rs 24,29,33,000\/- .<\/li>\n<li style=\"text-align: justify;\">As it is statutory \u00a0requirement of FC Act 1980 that even for construction of any building required by Forest department for residence or office or rest house, prior approval of Government of India is required under the provision of section 2 of Forest Conservation Act 1980, hence State Government has submitted a proposal for clearance of this above said construction to Government of India vide Nodal officer letter no. Desk-17\/NC\/II\/2488\/10-11 dated 11-11-2010 and further on 09\/12\/2010.<\/li>\n<li style=\"text-align: justify;\">Government of India has accorded in principle approval vide it\u2019s<a href=\"http:\/\/cimforest.in\/wp-content\/uploads\/2011\/07\/BH-GOI-15-12-2010.pdf\" target=\"_blank\" rel=\"noopener noreferrer\"> letter dated 15-12-2010<\/a> with certain conditions , one amongst them was that<\/li>\n<\/ol>\n<blockquote>\n<ul>\n<li style=\"text-align: justify;\">Compensatory Afforestation shall be taken up over 4.16 ha suitable degraded forest land, at the cost of user agency.<\/li>\n<li style=\"text-align: justify;\">The Government of India has finally given approval under section 2 of FC Act 1980 <a href=\"http:\/\/cimforest.in\/wp-content\/uploads\/2011\/07\/BH-GOI-26-4-2011.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">vide its letter dated 26-4-2011.<\/a><\/li>\n<\/ul>\n<p style=\"text-align: justify;\"><span style=\"color: #ff0000;\"><strong>Thus, it become very clear that even for Forest department and their buildings provisions of FC Act are applicable. <\/strong><\/span><\/p>\n<\/blockquote>\n<p style=\"text-align: justify;\"><span style=\"color: #000080;\"><em><strong>Now look here a case where FC Act had been blatantly violated by <span style=\"color: #ff0000;\">Rajendra Masngarulkar and AK Nigam<\/span> both IFS officers of Maharashtra cadre, whereby they have constructed complete residential complex, a rest house, which is being used by Social Forestry though constructed as a residential purpose during 1997 to 2001 when <span style=\"color: #ff0000;\">Rajendra Mangarulkar was DCF Pune and AK Nigam <\/span>was CF Pune, without obtaining any permission of Government of India under section 2 of FC Act 1980 or any other permission required under state laws, which are required for lawfull constructions. Not only this they had cleared the land, broken the land, illegal felling of trees for construction of such complex in reserve forest. Thus, both of them along with others involved officers, must be booked for violation of Indian Forest Act, FC Act and other Municipal laws.<\/strong><\/em><\/span><\/p>\n<p><strong>\u00a0<\/strong><\/p>\n<p><span style=\"color: #ff0000;\"><strong>Illegal &amp; unauthorised residential colony &amp; Rest house\u00a0 at Bhamurda, Gokhale Nagar, Pune<\/strong><\/span><\/p>\n<p><strong>\u00a0<\/strong><\/p>\n<ol>\n<li style=\"text-align: justify;\">As per information submitted by PIO, in Conservator of Pune\u2019s office <a href=\"http:\/\/cimforest.in\/wp-content\/uploads\/2011\/08\/RTI-Wanaori.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">dated 4-7-2011,<\/a> during 1997 to 2001 total of \u00a010 residential units, one rest house and one RFO office\u00a0 were constructed\u00a0 during 1997-20011 (Mangarulkar\u2019s tenure) in reserve forest\u00a0 compartment no. 173, Survey no. 94, Bhamurda Round,\u00a0 Range Bhamurda, Pune division.<\/li>\n<li style=\"text-align: justify;\">As per information provided by the PIO , no permission of Government of India was obtained for such construction under FC Act 1980. Thus Mangarulkar has become primaface guilty\u00a0 for prosecution under provisions of FC Act.<\/li>\n<li style=\"text-align: justify;\">As this colony and office is situated in heart of the city and well within the limit of Pune municipal corporation; but PIO has informed\u00a0 vide his <a href=\"http:\/\/cimforest.in\/wp-content\/uploads\/2011\/08\/RTI-Wanaori.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">letter dated 20-7-2011<\/a> that neither :<\/li>\n<\/ol>\n<ul>\n<li>\n<ul>\n<li>building plan was sanctioned by the PMC,\u00a0nor any commencement certificate had been issued ,<\/li>\n<\/ul>\n<\/li>\n<li>\n<ul>\n<li>nor completion certificate has been issued,<\/li>\n<li>nor any occupancy certificate had been issued for any above said constructed building.<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n<ol>\n<li style=\"text-align: justify;\"><strong><span style=\"color: #ff0000;\">Very surprisingly , PIO has informed that Maps and estimates, plans , vouchers etc \u00a0of above said impugned buildings are not available in the office. (<span style=\"color: #0000ff;\">It seems those have been stolen by the interested parties.<\/span>)<\/span><\/strong>. <span style=\"color: #ff0000;\"><strong>But the office has not lodged any FIR in this case.<\/strong><\/span><\/li>\n<\/ol>\n<p><span style=\"color: #000080;\"><strong>Misappropriation of sale amount of trees<\/strong>:<\/span><\/p>\n<ol>\n<li style=\"text-align: justify;\">As the area where such construction was taken place comes under dense forest area, there was removal of lots of trees and vegetation while clearing places for construction. The \u00a0PIO has informed that no record is available for \u00a0felling of such trees. Also it seems that entire money of timber sale had been misappropriated by officials involved in this corruption case.<\/li>\n<li>\n<p style=\"text-align: justify;\">When asked whether as per approved working plan of the forest such felling was done, answer of the PIO is again\u00a0 evasive. He says that no records are available in this regard.<\/p>\n<\/li>\n<\/ol>\n<p><span style=\"color: #ff0000;\"><strong>Illegal &amp; unauthorized residential colony &amp; Rest house\u00a0 at Wanavadi, Pune in reserved forest :<\/strong><\/span><\/p>\n<p>In reserve forest of Pune \u00a0Forest division, \u00a0compartment no. 49, Beat \u2013Hadapsar, \u00a0Round-Loni Kalbhor, Range-Pune; \u00a0a total of 18 buildings were constructed without any sanction under FC Act, IFA, and other prevailing Municipal laws in the year between 1997-2000. ( <a href=\"http:\/\/72.78.249.107\/Sakal\/3Aug2011\/Normal\/Nashik\/page9.htm\" target=\"_blank\" rel=\"noopener noreferrer\">Article in Sakal is attached <\/a>).<\/p>\n<ol>\n<li>Out of these 18 buildings there were three units of type I, one unit of type II, &amp; one unit of type IV, six units of Type-V, six units of Type-VI . Social forestry department has also constructed one type VI building , which they are using as rest house.<\/li>\n<li>According to information provided by PIO, Pune division <a href=\"http:\/\/cimforest.in\/wp-content\/uploads\/2011\/08\/RTI-1-7-2011.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">dated 1-7-2011, <\/a>no sanction under FC Act 1980 has been obtained\u00a0 for such construction.<\/li>\n<li>Further according to PIO , no permissions have been obtained from PMC for commencement certificate, completion certificate, and occupancy certificate. According to him, no such records are available with office.<\/li>\n<li>Very surprisingly, according to him not even plans and estimates are available with the office of such construction. Thus one thing is very clear that all the relevant documents\/evidences of the such very serious violations are removed or stolen.<\/li>\n<\/ol>\n<p><span style=\"color: #ff0000;\"><strong>Now lets see how actual corruption was done by Rajendra Mangarulkar:<\/strong><\/span><\/p>\n<p>The estimates prepared by Mangarulkar for the projects were based on DSR of PWD. We know it that CSR\u00a0 has been designed and fixed keeping in mind profit of Contractors and some other money, which is required to facilitate government functioning. Meaning thereby that DSR is always 30% plus on \u00a0actual cost of construction. But Mangarulkar has not issued any tender for it so that the same work could have been completed after due competition and on much less cost. He has got it constructed \u00a0on piece-meal manner and charged \u00a0the vouchers without calling for due competition. Thus he had caused wrongful loss to the government with the help of AK Nigam, the then CF, Pune, who was his controlling officer. It had been brought to the notice of CIM that lots of money had been spent on it through non-plan funds, which itself was irregular.<\/p>\n<p><strong>\u00a0<\/strong><\/p>\n<p><span style=\"color: #0000ff;\"><strong>Now an example of How Ashok Khadse, IFS was charge sheeted for alleged violation of FC Act, which according to Prakash Thosare the then CCF Pune and BK Singh, PCCF\u00a0 was not a case of FC Act violation. PCCF rates Khadse to be an outstanding officer for the same job&#8230;<\/strong><\/span><\/p>\n<p><strong>\u00a0<\/strong><\/p>\n<p>On an alleged case of Private Public Participation of the year 2002, where a forest area was given on lease to a private party for greening the are as per GOI\u2019s norm, Khadse was <a href=\"http:\/\/cimforest.in\/wp-content\/uploads\/2011\/08\/Bh-khadse-chargesheet-Ajmera.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">charge-sheeted vide memo dated 19-4-2010<\/a>.<\/p>\n<p>Important points here are that Prakash Thosare , who was CCF Pune told the PCCF<a href=\"http:\/\/cimforest.in\/wp-content\/uploads\/2011\/08\/BH-Thosare-13-10-2005.pdf\" target=\"_blank\" rel=\"noopener noreferrer\"> vide his letter dated 13-10-2005 <\/a>that there is no violation of FC Act in this case.<\/p>\n<p>Further, if we peruse the <a href=\"http:\/\/cimforest.in\/wp-content\/uploads\/2011\/07\/Bh-Khadse-ACR-2003-04.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">ACR of the Ashok Khadse<\/a> for the relevant period, his ACR has valued this case\u00a0 and reporting officer had found them in order; and accepting authority had\u00a0 also noted specifically that there was no violation of FC ACT. Further, PCCF had rated Khadse to be an outstanding officer on this count alone that he had done a wonderful job.<\/p>\n<p>Thus, Khadse \u00a0to be charge sheeted for making forest area green , where there was no blade of grass\u00a0earlier\u00a0 as per CCF report, and plus posting to Mangarulkar and Nigam, who had illegally deforested the green lungs of the polluted city like Pune&#8230; \u00a0for misappropriation of funds &#8230;&#8230;WONDERFUL&#8230;<\/p>\n<p>Now we have to see how present PCCF take this case of extreme violation of FC Act.<\/p>\n<p><span style=\"color: #ff0000;\"><strong>Action needed in the matter:<\/strong><\/span><\/p>\n<ol>\n<li>Rajendra Mangarulkar and other involved officers must be charge sheeted for this blatant violation of FC Act and financial irregularities.<\/li>\n<li>FIR should be lodged for theft of relevant documents and evidences under IPC.<\/li>\n<li>Illegal constructions should be demolished and loss to be government be charged to guilty officers.<\/li>\n<\/ol>\n<p><span style=\"color: #ff0000;\"><strong><br \/>\n<\/strong><\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Before we start understanding the actual story, let us understand that even forest department requires permission under FC Act 1980 for using forest land for non-forestry purpose such as construction of office building , rest houses and residential building. Generally, when Principal Chief Conservator of Forests wants to save his\u00a0 right hand men involved in [&hellip;]<\/p>\n","protected":false},"author":4,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2],"tags":[],"_links":{"self":[{"href":"https:\/\/cimforest.in\/index.php?rest_route=\/wp\/v2\/posts\/924"}],"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=924"}],"version-history":[{"count":1,"href":"https:\/\/cimforest.in\/index.php?rest_route=\/wp\/v2\/posts\/924\/revisions"}],"predecessor-version":[{"id":1316,"href":"https:\/\/cimforest.in\/index.php?rest_route=\/wp\/v2\/posts\/924\/revisions\/1316"}],"wp:attachment":[{"href":"https:\/\/cimforest.in\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=924"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/cimforest.in\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=924"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/cimforest.in\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=924"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}