How 33/7 of MHADA has been misused in Marinagar to house tenants who are already rehoused

Recap of Events

Morcha to the Bishop office – YouTube

► 4:42► 4:42

http://www.youtube.com/watch?v=N__GInfhEQY

May 15, 2010 – Uploaded by midday

The residents of Marinagar, a Catholic colony in Mahim, will carry a morcha … Mid Day News – 15/02/2014 by …

Church Land: Going, Going, Gone – Yahoo Groups

https://groups.yahoo.com/group/MangaloreanCatholics/message/28795

1 post – ‎1 author

The news report under the caption “Church Land: Going, Going, Gone” by … With regard to the church land at Marinagar, Mahim, the article states “the sale of …

 

Residents at loggerheads with owner, developer …

http://www.hindustantimes.comIndia-NewsMumbai

Apr 5, 2011 – Subscribe Breaking News Alert … Society is a 12-storey structure with 112 flats that occupies an area of 2813.10 sq m in Marinagar Colony.

Statement of Spokesperson for the Church- Fr.Dominic Savio Fernandes

*With regard to the church land at Marinagar, Mahim, the article states ?the
sale of church land at Marinagar, Mahim, raised a big storm in the
community. ?Only after we took out a morcha to the Archbishop?s House
recently that they finally admitted that our land was sold?? said advocate
Sodder, who is also secretary of Our Lady of Vailankanni & Perpetual Succor
(OLVPS) Co-operative Housing Society at Marinagar, Mahim?.*

This statement by advocate Arcanjo M. Sodder, that the Marinagar property
has been sold, is false and misleading. Perhaps he has been misquoted, or
he is not in possession of the facts, or there could be a malicious intent
or vested interest.

The truth is that in the year 1991, an agreement was entered into with Suraj
Estate Developers, by the Trustee of St. Michael?s Church Trust, to develop
the Marinagar property, after following procedures and obtaining the
required permissions from the authorities concerned. The land still belongs
to St. Michael?s Church Trust ? this is a verifiable fact. Hence, there
never was a question of admitting to Mr.Sodder, or to any one else for the matter, that the land was sold
. Besides,the land does not belong to Marinagar residents for them to say that it is
their land ? it belongs to the Church Trust. In Marinagar, the purchasers
of flat have executed individual agreements with the developer. It
concerns the flat purchasers and the developer. In case either of them has
any grievance against the other, it is for them to sort it out as per the
terms of the agreement.

Bombay Catholic Sabha books an office in Marinagar on the place shown as a garden for Marinagar residents.Bombay Catholic Sabha also talks about saving green spaces.

After seven years of flat purchasers struggles, the cat is now out of the bag

100 flats shall be given to MHADA in Marinagar as per the affidavit filed by MHADA in court. The MHADA entry  will make Marinagar open for all communities and destroy its catholic status.

Bogus list of tenants submitted of persons who are already housed in the rehab building Our Lady of Lourdes.

All the tenants of Quinny House have been rehabilitated in the year 1996/97 itself and hence no benefit can be given.

Letters signed by the tenants themselves state that they have been given permanent alternate accommodation in lieu of Quinny House.The tenants have been given areas as per the then prevailing municipal rules.

Photographs given to MHADA and shown as open plots are actually recreational gardens as per the existing plan on the day the report has been given. Further the video shot of the 4 tenants of Quinny House has been taken in their new permanent alternate accommodation which clearly shows that they are rehoused.

The said video also has a clip of no relevance thus is suspect .Further the affidavits signed by the already rehoused tenants are pre signed by the Notary which is also caught on the video. The said affidavits does not bear any dates and the said affidavits makes a bogus claim that they, the tenants are yet to be rehoused knowing fully well that they are already housed.

One of the tenants of Quinny House is shown as Mr. Thomas Rajan who is the builder himself and the other tenant of Quinny House is shown as Mrs. Sujata Thomas who is the wife of Mr. Rajan Thomas. Both Mr.Thomas Rajan and Mrs. Sujata Thomas are directors of M/s Suraj Estate Developers Pvt. Ltd in whose name the FSI has been issued / granted.

A tenant Mrs. Anna Clara Meares of Quinny House through her legal heir, was having a dispute with of Suraj Estate Developers Pvt. Ltd and had filed a case which went up to the Bombay High Court and the court vide judgment dated 2nd August 2005 ordered a court receiver to be appointed to take possession of the ready flat in the rehab building being given as alternate accommodation in lieu of the original Quinny House residence.. Mrs. Clara D’Souza vs Suraj Estate Developers Pvt. Ltd …

indiankanoon.org/doc/1491730/

Aug 2, 2005 – Bombay High Court … One of the properties in the said will was known as “Quinny House” situated at 463, Marianagar, M.M. Chotani Road, …

 

One Mr. Valerian Francis Fernandes in a letter to Mhada (who is a heir of Mr. Francis Fernandes an ex-tenant of Quinny House and presently housed in the rehab building ) also states that all the tenants of Quinny House have been permanently rehoused.

The registered Bye-laws of Our Lady Of Lourdes Co-op Hsg. Soc. Ltd. the rehab building which shows 43 members which include those very persons who are already rehoused and who have given affidavits to Mhada stating that they are yet to be rehoused. The rehab building has in fact 48 flats and excess flats have been sold by the builder.Share certificates have been issued to all of them of Our Lady of Lourdes Co-op.Hsg.Society.

The two Power of Attorney’s in the file pertain to one Fr. Nelson Mascarenhas who has expired and Fr. Micheal D’Souza who is no longer the sole trustee of St. Michaels Church and hence not valid.

The builder has now got sanctioned plans( some where in the year 2010) to build two buildings one of which is 17 storied and the other a 15 storied building on plots earmarked as gardens for use of residents of the layout by fraudulently showing that 6 already rehoused tenants of Quinny House are yet to be re-housed.

The Church cannot remain a silent spectator to this happening or else it will also be party to this…..

My Questions to Bishop Dominic Savio Fernandes

1. You studied the Marinagar deal and then made the above statement in the Examiner.When you were aware of Mhada entering Marinagar  why did you not disclose the same.

Now who is having malicious intent and vested interest?

2. You will be responsible for the entry of non catholics in Marinagar as you were aware of Mhada entry in Marinagar and yet you suppressed the said information in your above statement as all applications to Mhada have been submitted by the Church.

3. Who was the legal adviser to the Church on this deal and did he disclose that once tenants are rehoused in permanent alternate accommodations , resubmitting an application and giving affidavits of those very same tenants for a scheme under 33/7 stating that they are to be given alternate permanent accommodation in the building proposed to be constructed  amounts to fraud and cheating?

Is this the example that the Church is setting?

4.If Mhada is to be given 100 flats free how many hundreds of  flats will the builder get?

5.Will Marinagar be able to take the load of these hundreds of flats?

Now once again make a public statement on the Marinagar deal .

A.M.Sodder

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About The Voice Of Bombay's Catholic Laity

Bombay Laity Ezekiel’s Chapter 3 Task as Watchman 17 “Son of man, I have made you a watchman for the people of Israel; so hear the word I speak and give them warning from me. 18 When I say to a wicked person, ‘You will surely die,’ and you do not warn them or speak out to dissuade them from their evil ways in order to save their life, that wicked person will die for[b] their sin, and I will hold you accountable for their blood. 19 But if you do warn the wicked person and they do not turn from their wickedness or from their evil ways, they will die for their sin; but you will have saved yourself.
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2 Responses to How 33/7 of MHADA has been misused in Marinagar to house tenants who are already rehoused

  1. Mr Sodder, In all this selling of church land, I strongly believe that our clergy are innocent have no role to play with Govt rules and turn and twist rules to suit their benefit.

    I believe there is some one with legal acumen and possible good connections who is able to manipulate the rules to desired advantage.

    We need to get to the bottom and find our who this person or persons could be as there is definite a well oiled partnership and understanding in all the church assets and property deals.

    Lest get to the bottom. This are my personal feedback and views.

  2. Tim Hortons says:

    ______ and xxx xxxxxxx xxxx should be hanged outside Woodhouse church for cheating our catholic brethren!!

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