To Whosoever It May Concern
Subject: Prayer for justice as a citizen of India who is working abroad (Libya).
Respected Sir/Madam:
I wish to bring the following matter for your kind consideration and action.
· That, I am a Professor in a university in Libya.
Name: Danish Y. Khan.
Passport number: F-6351095
Address in Libya : 7th April University , Zawia , Libya
Email: danish555aman@yahoo.co.in
Address in India: Dalal Estate, H/2, 1st Floor, opposite Shagun Hotel, Mumbai Central- 400 008
That, My wife Mrs Shabana D. Khan and my child Master Aman D. Khan are living in Dalal Estate, H/2, 1st Floor, opposite Shagun Hotel, Mumbai Central-400 008 , are being night and day harassed by a builder Nathani Parekh Constructions. A formal police complaint was attempted but the police refused to allow it for reasons unknown. My family now lives in fear and torment as my wife has received written and phone threats.
Yours Sincerely,
(Danish Y. Khan)
Encl:
Please find enclosed a detailed view of the case of a builder's harassment against innocent and legal residents of Dalal Estate, Opposite Shagun Hotel, Mumbai Central-400 008
An apartment building at Dalal Estate, H/2, 1st Floor, opposite Shagun Hotel, Mumbai Central-400 008 (which is strong structurally is suddenly termed structurally dilapidated ). From no where, a builder appears and plants supporting pillars ( giving an impression that he has received permission from authorities MHADA) to redevelop the apartment building. The owners and the apartment residents are wonderstruck and unaware of any written notice or permission from the builder or the MHADA till date.
Erring Builder name: Nathani Parekh Constructions
Ownership Apartment Building: Dalal Estate, H/2, 1st Floor, opposite Shagun Hotel, Mumbai Central-400 008
Total number of residents: Appx 250.
The erring builder has clandestinely proposed a project on the property which is estimated up to Rs 500 crores. Hence, with no legal authority in his hand he is now trying all illegal means for forceful eviction of the legal occupants.
The continuous and derogatory harassment from the builder had been borne by the apartment residents for the past year but the sudden erection of supporting pillars and the evidence of construction materials proves beyond doubt that the builder and some corrupted authorities are hand in glove in working against the best interest of the citizens who now seek justice at your doorstep as the supreme head of our country.
The prayer for justice is made at your doorsteps as the doorways of the concerned local authorities of the Nagpada area have long since been shut upon them.
Enclosed herewith is documentation of the case for your prompt and kind consideration and the specific requests are:
That I am a Professor in English working in Libya. My wife Mrs Shabana D. Khan and my child Master Aman D. Khan are living in Dalal Estate, H/2, 1st Floor, opposite Shagun Hotel, Mumbai Central-400 008 .That , they are being night and day harassed by the builder. A formal police complaint was attempted but the police refused to allow it for reasons unknown. My family now lives in fear and torment as my wife has received written and phone threats.
That I request my rights as a honorable citizen of India may be protected and all the more as I am thousands for miles away unable to look after the immediate security and protection of my family.
CASE HISTORY AND DISCUSSIONSCase History of Dalal Estate, Opposite Shagun Hotel, Mumbai Central – 400 008
1. Ownership Titles awarded to the tenants of Dalal Estate, Opposite Shagun Hotel, Mumbai Central-400 008
a.In the year 1972 the above premises had been owned by Mr. Hargovind Das , who through a government ordinance had issued a circular to all the residing occupants of the premises to acquire the property ownership titles by payment of 100 monthly rents. The occupants paid the required sum to the then, owner Mr Hargovind Das and simultaneously the above property had been transferred legally in favor of all the residents. Hence, Ownership title was awarded.- b.To facilitate the transaction six members of the apartments were then , chosen who were the signatories to the purchase document on behalf of all the residents.
2. Role of the trustees
- a. The trustees were instrumental to facilitate the maintenance of the said apartments on voluntary basis only ( i.e. Payment of electricity bills, water and muncilipality taxes etc.)
3. Role of the last living trustee
- a. As time passed five of the earlier trustees died and the last living trustee Mr. Devi Das Virkar allegedly declared himself to be the owner of the Dalal Estate ( without any substantial legal documents) This amounts to breach of the trust as he also declared in a paper advertisement that he has agreed upon to sell the whole property to Mr. Nathani Parekh Constructions for redevelopment.
4. Reaction of the apartment owners
- a. Notice to the trustee.
All the residents protested and denied the alleged ownership of the trustee by signing a memorandum. Simultaneously the same declaration was made to the general public through a prominent newspaper.- b. Notice to the Builder All the residents also protested and denied the alleged ownership of the trustee by signing a memorandum which was also sent to the erring builder.
- c.The trustee nor the builder have responded to the said notices.
5. Illegal actions of the builder
- a. Illegal Entry: The builder illegally entered the premises and started harassing some of the residents and others he started giving lucrative financial offers. This naturally divided the residents leading to enmities and rivalry.
- b. Illegal Meetings: The builder illegally started holding meetings with the residents to brain wash them regarding the benefits of his project and their future. Etc.
- c. Illegal construction of builders office in the premises: The builder then strengthened his hands by occupying and running a office in the residential premises.
- d. Illegal erection of supporting pillars: When the builder noted that certain residents did not give way to his tactics. He through his high influential contacts with the concerned government departments, is forcibly trying to declare the above apartment as dilapidated. Hence, the erection of supporting pillars.
- e. Lodging of police complaint: .A formal police complaint was attempted but the police refused to allow it for reasons unknown.
- f. Notice through lawyer:
6. Mental, Financial and Career Implications
- a. The builder and his accomplices have started a unending harassment plan on the innocent residents who do not want to give way to his ulterior motives. This fight has gone to extreme limits where the residents are passing lewd, vulgar and life threatening remarks. The builder and his workers have started playing cricket in the premises. The residents are having a hard time to go out and come in. Such harassment is demeaning. The women residents feel it difficult to move. The senior residents are depressed and feel to leave. This is the real motive and the goal of the builder which he wants to achieve i.e. to evict the non complying honest residents.
- b. I am working abroad in Libya. This present development at home is forcing me to resign my job there. My career and my financial standing is at stake. This is a crushing blow on me. I look to all who are concerned in the government to help me to achieve justice and protect my legal rights as the citizen of India.
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Forwarded to all concerned for justice as per the supreme law to protect the fundamental rights of the citizen of the democratic republic of India.
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