E mail sent today ie 7/4/16 to Cardinal Oswald Gracias and others.
I am attaching here below an email dated July 20th ,2009 sent to your official e mail id.My society consisting of 112 members and Our Lady of Lourdes CHS Ltd. have waited from the year 2009. We, too dont believe in time frames but we are not fools either.
Please write to me if six and a half years is too short a period for you to take a decision. We are ready to believe you but we will also believe that either you are incompetent or you are fooling us.
My common sense tells me that you fooling us.
Advocate High Court
From: arcanjo sodder <firstname.lastname@example.org>
Sent: Monday, July 20, 2009 9:20 PM
To: email@example.com; firstname.lastname@example.org; email@example.com
Subject: Conveyance of Marinagar Property, Mahim, Mumbai
OUR LADY OF VAILANKANNI AND PERPETUAL SUCCOUR
CO-OP H.S. LTD.
557, Off Senapati Bapat Marg., Marinagar Colony, Mahim (W), Mumbai 400016.
Regn. N.MUM/WGN/HSG/(T.C)/8409 of 2003-2004 dated 20th January 2004
O.W.No. 160 /09-10 July 20th,, 2009
His Eminence, Oswald Cardinal Gracious,
Archbishops House, Holy Name Cathedral,
Sub:- Deed of Conveyance in favour of the above Society to be given by M/s Suraj Estate Developers and St. Michael’s Church.
Ref:-Our previous letter dated 15th Sept.2008 addressed to M/s Suraj Estate Developers Pvt. Ltd. and copy of which was hand delivered to your office on 17th Sept 2008.
As you are aware our society is built on freehold land which belonged to the St. Michael’s Church and as per Municipal records still stands in its name. Residents who had booked their flats in 1992 had then paid the builder 66% of the value of the flats and were promised tennis/squash courts, jogging tracks etc which were never given .Due to various reasons possession of the flats were given to members some where in the year 2002.
The builder who was duty bound as per law to form and hand over the society did not do so and hence a court order had to be obtained directing him to hand over the society and convene the first meeting. The first meeting was then convened on 26th March 2006.The builder was duty bound as per the Maharashtra Ownership Flats Act (M.O.F.A.) to give conveyance of the land on which the building stands within 4 months of formation of the society. The society was formed on 20/01/04 thus more than 5 years have elapsed since the time he had to give conveyance.
We, have time and again brought this fact to the notice of the Church however all our letters have been deliberately ignored. We are also aware of the fact that there is a committee which deals with all the land belonging to the Archdiocese of Mumbai and that they all are well versed with the law of the land and therefore in that committee.
We are also sure that you are aware that flats which were meant to be sold to Roman Catholics in Marinagar Towers have been sold to non Roman Catholics in the said Society by Suraj Estate Developers. We are also aware that all advertisements calling for tenders for development of the lands was never advertised in the official newspaper of the Catholic Church of Mumbai ie The Examiner. We are also aware that flats belonging to St. Michael’s Church which should have been rented to deserving catholics, to be used as their residences have now been rented to M/s Suraj Estate Developers Pvt. Ltd. to be used as their office thereby defeating the very purpose for which the flats were constructed by St. Michael’s Church We are also aware that Suraj Estate Developers Pvt. Ltd despite all the previous history continues to get various plots as far as Church lands in the Archdiocese of Mumbai is concerned which tells us that all the said actions have the blessings of the Estate Committee.
Despite making various efforts to get the conveyance of the land on which the building stands in the Society’s name all our efforts are getting stone walled as it appears that it is a policy decision taken by Estates Committee in Archbishops House not to give us the said conveyance.
Despite all the preaching given to us regarding protecting our environment and saving our planet and rendering unto Cesear what belongs to Cesear and to God what is Gods, Marinagar Recreational Grounds as per the approved municipal plans continue to be used as dumping ground by the builder who has converted it to his exclusive use and the Estates Committee which is aware of this, is deliberately turning a blind eye.
Hence with a heavy heart I have to inform you that we will be launching various non violent programs from 27th July 2009 some of which are mentioned below which we thought we should inform you in order that conveyance be given to us.
1. Banners will be put up in Marinagar.
2. A peaceful morcha will be taken from Marinagar to St. Michael’s Church on Wednesday and handbills will be distributed On the same day a press conference will be convened in Marinagar.
3. A peaceful morcha will be taken to Archbishops House and handbills will be distributed where in details will be given of various acts done.
4. A court case will be filed against St. Michael’s Church and Suraj Estate Developers Pvt. Ltd and its directors who are in charge of the day to day affairs of the said firm. As per the judgement delivered by Justice Nishita Mhatre and reported in 2008(2) Bom.C.R.(Cri) 928, it has been held that a trust, which has not sold the land continues to be a promoter as per the M.O.F.A. A copy of the said judgement is attached to the hard copy, which will be delivered to-morrow.
5. A press conference will also be called after the case is filed.
6. Various awareness programs will be held throughout the Diocese.
Hence before we initiate the above justified actions it is our duty to bring to Your Eminence the various irregularities committed by the Estate Committee and M/s Suraj Estate Developers.We appeal to Your Eminence to mediate in the matter and resolve this issue.
Prayerfully yours and invoking your Apostolic Blessing,
For and on behalf of The Our Lady of Vailankanni and Perpetual Succour Co-op. Hsg.Society
Adv. A. M. Sodder
A copy of this letter is being sent by hand delivery along with a copy of the Judgment as above stated.
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