Saturday, 13 May 2017

Finally, Hon’ble High Court Kolkata exposed Kolkata Municipal Corporation (KMC) involvement in Decades LONG FORGERY being committed by creating FAKE Premises (having no Assessee No.) by accepting FAKE rent receipts signed by FAKE Landlord, thereby facilitating issuance of CEs (popularly known as TRADE LICENSE) against above said FAKE Premises No. deliberately created by a Public Body of KMC repute!!!

Easy way to own a property in any premises in Kolkata, be it inside Writer’s Bldg or  RajBhawan or Jeewan-Deep or Tata Center or for that matter inside Didi’s House as well, provided you have the capacity to implement following 2 simple steps!!!

Step 1: Simply hang SignBoards with Fake Address (which need not match with the genuine address of the premises on which these signboards are being hanged, e.g. you may hang a signboard painted with 5, BBD Bagh and hang it forcibly with the help of Local Goons on Genuine Premises No. 1, BBD Bagh which is writer’s Bldg and thus become a property owner inside prestigious Writer’s Bldg) by hiring some Local Goons; your 1st step is complete!

Step 2: Invite KMC Inspector who will shower his heartfelt blessings by issuing CE without any Assessee No. along with a FAKE premises No., IGNORING KMC”s very own record to validate whether such premises at all exist or not and surely he will accept the FAKE rent receipt issued by a FAKE Landlord and happily record in his physical inspection, the Signboard painted with Fake address in Gross violation of Section 29(h) and 517(A) of KMC Act, 1980!!!
Thus you become the PROUD property owner inside prestigious Writer’s Bldg (rather than having a stall on footpath) and start selling Ghugni, Aloo Dum to office Babus!!

Does above 2-step process (to own a property in Kolkata) sound like a JOKE!!!

No, its NOT a joke, as above facts are CANDIDLY admitted by KMC advocate as recorded by Hon"ble Justice in WRIT ORDER of WP 1063 of 2016!! Neither you need valid rent receipt of truthful owner of a premises NOR you need valid ASSESSEE No. printed in CE NOR you need even a correct premises No to obtain CE from KMC!

All you need are above 2 simple easy steps: Local Goon’s Muscle power and Blessings of KMC!!!
Now, Let us dissect the WRIT order WP 1063 of 2016 in simple easy 2-steps to EXPOSE the Decades LONG FORGERY being committed by a Public Body of KMC repute:
Ø  Not only KMC advocate candidly admitted the creation of FAKE premises No. 26, B.B.Ganguly Street, Kolkata 700 012, but also shamelessly admitted that certificate of enlistment (CE) getting issued against same FAKE premises where the inspecting officer STRONGLY BELIEVE the FAKE premises no. painted on SignBoard to be TRUE which is in Gross Violation of Section 29(h) of KMC Act, 1980, rather than cross-checking its own record for existence of said FAKE premises!!!
 
Ø  Instead of taking necessary action to comply with Section 29(h) and 517(A) of KMC Act, 1980, KMC enjoys getting DUPED for DECADES, hence continued issuing CEs to criminals duping KMC every year, thus those criminals became partner with KMC under Section 120B Criminal Conspiracy of I.P.C. !!!
Now, Let us List out the serious allegations that never got adjudicated in the WRIT (for which it was filed by a Truthful, Honest, Tax-Paying Landlord who became a victim of KMC Injustice for 2 Generations across 5 Decades) Either by oversight or record not being presented properly:
  1. Can a Public Authority of KMC repute (within the meaning of Article 12 of the Constitution of India) bypass its very own OBLIGATORY FUNCTIONS mandated in KMC Act,1980, have the right and authority to create a FAKE Premises No. 26, B.B.Ganguly Street, KOL-12 (without a supporting valid  Assessee No.) in Govt. Certified Documents like Certificate of Enlistment (CE) as per their own sweet convenience and that too ignoring its very own record, thus creating a cascading effect of ENDANGERING NATIONAL SECURITY AS SAME FAKE ADDRESS CAN BE EASILY USED BY TERRORISTS TO OBTAIN VALUABLE GOVT. DOCUMENTS LIKE PASSPORT, AADHAR, PAN CARD, VOTERID ETC. after getting CE(as already done in this case!) which subsequently can be used in other Govt. offices to obtain other valuable Govt. documents mentioned above??
  2. Can LICENSE Dept, KMC in collusion and conspiracy with few handful miscreants accept FORGED rent receipts signed by FAKE Landlord having no Assessee No. for the purpose of issuing CEs against FAKE premises that never exist in Municipal record??
  3. Unfortunately, answer to above 2 queries are “YES”, now read on how such shameless act of KMC continued for Decades: That after commission of FORGERY of the said rent receipts, which are all valuable securities, within the meaning of SECTION 30 of the Indian Penal Code, the FAKE rent receipt holders in conspiracy with LICENSE Dept, KMC, used those forged rent receipts (valuable securities) as genuine in ESTEEMED GOVT. OFFICE of KMC repute, and the FAKE rent receipt holders thereafter, pursuant to such conspiracy and in furtherance of their common intention of all, GAVE BIRTH TO YET ANOTHER Govt. DOCUMENT, i.e. Certificate of Enlistment (CE, commonly known as Trade License in Kolkata) in the name of the same FAKE rent receipt holders; the biggest JOKE being that these sample forged rent receipts were PROUDLY presented by LICENSE Dept, KMC as GENUINE and recorded in this WRIT as evidence.
  4. Can a Public Authority of KMC repute accept an “Application for CE form”  where the space of ASSESSEE No. Is deliberately left Blank???
  5. Can a Public Authority of KMC repute accept above incomplete form  and  issue CEs randomly by leaving the space of ASSESSEE No. Blank in gross violation of Sec 199 of KMC Act, 1980 which clearly mandate refusal of such incomplete form with no Assessee No filled in it???
  6. Can a Public Authority of KMC repute forcibly record CE holders of a FAKE Premises No. 26, B.B.Ganguly Street, KOL-12 under GENUINE Premises No. 22, B.B.Ganguly Street, KOL-12 in I.B. Book and that too those CEs where KMC has awaringly left the space of ASSESSEE No. Blank in gross violation of Sec 199 of KMC Act, 1980.
  7. Can a Public Authority of KMC repute deliberately ignore its OBLIGATORY FUNCTIONS mandated the naming and numbering of streets and premises” under Section 29(h) of KMC Act, 1980 and allow CE holders of a FAKE Premises No. 26, B.B.Ganguly Street, KOL-12 to hang SignBoards painted with FAKE premises No. so that a GENUINE Premises No. 22, B.B.Ganguly Street, KOL-12 is treated as FAKE Premises No. 26, B.B.Ganguly Street, KOL-12 in the eyes of Govt. inspectors, be it from KMC or PASSPORT OFFICE or LOCAL P.S.!!!
  8. Can a Public Authority of KMC repute deliberately ignore for 5 LONG DECADES its OBLIGATORY FUNCTIONS mandated under Section Section 385(1)(d) / 385(3) / 516(1)(a)(v) / 516(1)(a)(vi) / 516(1)(a)(vii) / 517(A) of KMC Act, 1980;
    specifically to mention section
    517(A) which clearly mandate that “Notwithstanding anything contained in section 517, if the Mayor-in-Council is of the opinion that immediate removal of any nuisance continuing on any land or building in contravention of the provisions of this Act is necessary, it may, for reasons to be recorded in writing, cause such nuisance to be removed forthwith”!!!
  9. Can a Public Authority of KMC repute, in spite of repeated reminders, deliberately remain silent for Decades and take no criminal action against those DUPING KMC every year when in other states of India such criminal acts are sternly dealt with vide news reports as under:
    9.1 News article dated 30-01-2011 reported in Times Newspaper , Pune Edition where Individuals are punished for 21 Yrs RI in Jail for DUPING Govt Institution, Central Telegraph Office, Pune with FAKE/FORGED documents.
    9.2  News article dated 16-06-2016 reported in ABP,Kolkata edition where Individual is arrested for DUPING Howrah Municipality with FAKE documents to obtain Certificate of Enlistment, popularly known as Trade License.


Now, Let us List out the ALREADY ADJUDICATED matters (by CIVIL COURT) that are expected to be Re-adjudicated in this WRIT order Either by oversight or record may not been presented properly:
Comments of Hon’ble Justice
IMPACT of Hon’ble Justice Comments.
Page3/Para4:  “The dispute hinges on the status of those private respondents to which this Court feels that the proper remedy available to the respective parties are to approach the Civil Court.”
How can an Order dated 22-10-2009 in Title Suit  No. 1781 of 1991 that had already determined status of those private respondents followed by Appeal Case being dismissed in Order dated 19-04-2010 in F.A.T. No. 501/2010, already mentioned in WRIT be RE-ADJUDICATED in Civil Court?

Thus leaving no scope of RE-DEFINING status of those private respondents ONCE AGAIN in CIVIL COURT as above Orders are already produced in the WRIT petition!!!
Page3/Para4:  “Whether the private respondents are rank trespassers or a tenant is a matter to be decided by the Civil Court if approached by the respective parties.......”
Same as above.
No scope of approaching CIVIL COURT as FATE of those private respondents are already sealed in above mentioned order dated 22-10-2009 in Title Suit  No. 1781 of 1991 which exist in the WRIT petition as annexure!!!
Page3/Para5:  It is open to the Municipal Authorities to rectify the address given in the certificate of enlistment issued to each of the private respondents bearing in mind the clear admission on the part of the petitioner that such profession and/or trade is being carried on from premises no. 22, B.B.Ganguly Street, Kolkata 700 012.
Now IMPACT of such comments:
Still a Public Authority of KMC repute have the audacity to deliberately ignore its OBLIGATORY FUNCTIONS mandated under Section Section 29(h) / 385(1)(d) / 385(3) / 516(1)(a)(v) / 516(1)(a)(vi) / 516(1)(a)(vii) / 517(A) of KMC Act,1980, as if humiliation of a truthful honest landlord for 2 generations across 5 LONG DECADES are not enough!!!
Above all, for dispute sake let’s ignore the CIVIL COURT order dated 22-10-2009 in Title Suit  No. 1781 of 1991 that had already determined the status of private respondents against whom there were no prayers for any orders in this WRIT which has prayers for orders against KMC and CESC only
AND
for a moment, stand by the words of Hon’ble Justice that “the dispute hinges on the status of those private respondents yet to be decided by the Civil Court,
approaching CIVIL COURT is entirely a different issue and upto the discretion of concerned parties which is also agreed by Hon’ble Justice, but that does not allow KMC as a public authority to deliberately ignore or rather deny for decades to implement its OBLIGATORY FUNCTIONS mandated under above mentioned sections of KMC Act,1980 so that few handful criminals can continue fooling the Govt. inspectors,
be it from KMC or PASSPORT OFFICE or LOCAL P.S.
by hanging signboards with FAKE address in gross violation of Section 29(h) followed by cheating a public authority of KMC repute for decades
which is punishable under section 420(Cheating), 467,468(forgery for cheating), 469,471 (using forged documents) read with section 120B(Criminal conspiracy) and 34 of I.P.C. , Section 7,11,12,13(2),13(1d), of PCA(Prevention of corruption act that deal with criminal misconduct of a public servant and giving / accepting bribe)!

Imagine a Municipal Body of KMC repute is so DESPERATE to issue CEs without Assessee No. that they are READY TO SACRIFICE their very own state revenue by changing the age-old process of rejecting any CE application form without Assessee No. under KMC Act, Section 199(2) which no longer applies for CE application form getting rejected due to missing Assessee No., so what if it causes Tax Revenue loss to KMC who is certainly going to inspire its PEERs like all other Municipal Bodies in India as to how a municipal body can do Social Service by issuing CEs to millions of business without earning a SINGLE PAISA REVENUE!!!

Thanks to the Heartfelt Blessings of KMC showered on such criminals for decades at the expense of Poor Truthful Honest Landlord who still remain a victim of KMC injustice for 2 Generations across 5 Decades!

Probably Our Great Poet Tagore’s Line is too good to be true- I QUOTE: “BICHARER BANI NIRABE NIBHRITE KANDE!” MEANS EXPECTATION OF JUSTICE LANGUISH SILENTLY IN SECLUSION!”- UNQUOTE!!

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