Date: 2nd February, 2011
Mumbai High Court orders arrest of Shivalik Builders
Illegal persecution of law-abiding Golibar residents continues by State-Builder Nexus
The Mumbai High Court today heard the criminal case against the Shivalik Ventures based on the FIR filed by the Ghar Bachao Ghar Banao Andolan and ordered that the persons responsible for the fraud and irregularities in the slum rehabilitation process should be arrested within 15 days. The case was filed on the basis of the FIR in which investigation was not carried out by the Nirmal Nagar Police Station in Golbar-Khar Santacruz area.
The FIR itself had to be lodged at the police station after Justice Khanvilkar and Justice Salvi ordered the police administration to do the same. Thereafter, the case was again heaad with regard to the irregularities pointed out in the FIR since investigation was not carried out for over 4 months. Irregularities include; addition of false names in the General Body meeting resolutions as ‘present’ and including those names in the list of eligible persons (Annex -II) as per the SRA scheme.
The Hon’ble Justices on inquiry with advocates of the state government and police officials heard the submission that they could take the evidence of only 37 out of 250 persons whose ‘consent’ the builder had shown as ‘given’ in his favour through the General Body resolution. The police also admitted that there was fraud involved in at least 2 out of 37 cases. Hon’ble Justice Khanvilkar and Hon’ble Justice Savli thereafter questioned as to why the inquiry could not be completed over months, why evidence of others was not recorded and why no action was initiated in the cases where fraud was indentified ? After hearing, the Bench ordered the arrest of the builders of Shivalk Ventures within 15 days. Ramakant Jadhav, the Chief Promoter is the name mentioned in the complaint and statements and his arrest is evident.
However, the State and police continue to protect and support the builder and persecute the law-abiding residents of Golibar. Inspite of all that happened at the High Court today, the police force has been brought in by the local police, particularly by Mr. Rokhade, who is over-enthusiastic in implementing only one part of the earlier order of the High Court by Justice Mohit Shah and Justice Chandrachud, with misinterpretation and without regard to the implementation of the main part of providing temporary and permanent rehabilitation. Mr. Rokhade is also illegally ordering forfeiture of the Reliance Electricity Metres, which he has no permission to do. The case on the demolitions was mentioned by Adv. Parminder Singh and upon hearing Justice Chandrachud ordered hearing take place tomorrow.
The battle at Golibar is on and the women and met are all set to stop the unjust evictions and demolitions which the Builder, along with the Collector’s support is trying to push and bring all people out.The people and activists including Simpreet Singh, Sumit Wajale, Prerna Gaikwad, Madhuri Variyath, Ajit bhai, Dinesh Shinde are with the Golibar residents who are asserting their rights and demanding Mr. Rokhade to stop the forcible and fraudulent demolitions.
What is happening at Golibar is symbolic of what is happening in the name of SRA and the large state-builder-mafia. It is shockingly unacceptable that despite the builder proved to be an offender, he continues to receive protection from the State. The people have no alternative but for fully and forcefully assert their right to shelter, which is part of their right to life.
Medha Patkar Vivek Pandit Abha Tandel Shrikanth
Ph:09969363065 / 09892727063 / 09179148973