Take action in Raksha Retreat case: HC to LDA

Source: http://timesofindia.indiatimes.com/city/dehradun/Take-action-in-Raksha-Retreat-case-HC-to-LDA/articleshow/46692953.cms

NAINITAL: The Uttarakhand high court on Tuesday directed the Lake Development Authority (LDA) to take action in the Raksha Retreat Society case on the Bheemtal-Saat-taal Road after retired defence forces personnel filed a petition last November alleging that the builders had been putting up unauthorized buildings in premises meant solely for their society. LDA officials submitted an affidavit in court saying action would be initiated against those guilty.

The court has now asked the petitioners to withdraw their plea and approach the court again in case the LDA does not act in accordance with its affidavit.

Ashwani Dhatwalia, lawyer for the petitioners, told TOI, "We are thankful to the HC for taking our point as a valid one. LDA will now have to initiate action in the case."

The petition was heard by the single-judge bench of Justice Alok Singh.

The Raksha Retreat project was launched in 2006. The Noida-based Samiah International Builders Private Limited had advertised that construction would be completed by 2008. Nainital-based Shikhar Construction was responsible for what was termed "construction management" in the brochure put out to advertise the project, meant exclusively for the families of defence personnel.

A total of 116 families of defence personnel invested in the housing scheme. Around 87 families have moved into houses allotted to them. Allottees have been protesting that the builders have reneged on several promises made earlier. The quality of housing is substandard, and unauthorised construction had occurred in premises meant solely Raksha Retreat, petitioners said.

"I hope now, after the intervention of the judiciary, things will be better for us. It is now up to the officials of the LDA to take action and protect our rights," said 45-year-old Captain Ravee, now retired, who also serves as the president of Raksha Retreat Owners Welfare Society. He was among the first to move into the society.

A case was registered in December against Harish Joshi, director of Shikhar Construction for threatening veteran officers who resisted alleged illegal construction in the compound of the society. 

Take-action-in-Raksha-Retreat-case-HC-to-LDA

Retired defence officers now battle in court for homes:
Article Published by Vineet Upadhyay, TNN | Feb 6, 2015, 10.22PM IST on Times of India Website

Nainital: Air Marshal TS Randhawa defended Indian skies for 38 years, before retiring from the Air Force. These days, the 62 year old feels defenceless, cheated. He is not alone over 80 defence personnel, most of them retired, paid up for dream houses in the lake city of Bheemtal in 2006. The project had been advertised by a Noida basedprivate builder. The retired army officers thought they could move to the hills, and planned an idyllic life far from the madding crowd. Only, far from shifting into their dream homes, many of them are now entangled in a madding mess of litigation.

Members who had signed up for the society advertised as being exclusively for retired defence services personnel filed a petition in the Uttarakhand high court in November last year, finding that the building plans they had been earlier informed about had changed drastically. The quality of construction too was not a patch on what they were promised, they said. The next hearing of the matter is scheduled for February 25.
"These people promised us fully furnished homes by the end of 2008. None of their promises have been kept. We had to pay up an extra sum in 201011, but to no avail," said Air Marshal Randhawa, who is also the governor of the Raksha Retreat Owners Welfare Society.

All, 116 families of defence personnel invested in the housing scheme. About 87 families have moved into houses allotted to them. The rest still wait.
Major General MS Bedi is 63 years old. He had hoped for a serene retired life with his wife in the hills. His wife, meanwhile, has died. "What is the use of getting the house now? It's useless. I wonder that we should get such a raw deal after spending our lives in the service of the nation," he says.
The officers had hoped for well appointed homes, but what they got instead were houses with leaky roofs, shoddily painted walls and substandard flooring, they say.
The project was launched in 2006 by the Noida based Samiah International Builders Private Limited. Nainital based firm Shikhar Construction was responsible for 'construction management', according to the brochure.
A case in the matter was registered last December against Harish Joshi, director of Shikhar Construction. The officers alleged that they had been threatened for resisting the illegal construction that was carried out in the compound of the society they had signed up for.

Manoj Joshi, one of the directors of Shikhar Construction, and brother of Harish Joshi, told TOI:
"We had done all we could to keep our promises, but they are still not satisfied. The layout was approved and amended by the Lake Development Authority. Now, all I have to say is that the honourable court should be allowed to judge who is right and who wrong."
The first people to move into these homes started living there in 2010. Many of them found, to their disappointment, that the houses did not meet the standards they were promised.
"We were told the houses would have fine finish, flat roofs with waterproof covering, parking space, clubs and canteens," said Captain Ravee (45), among the first to move in, who serves as the president of the society, as he reels out a long list of unfulfilled promises.
The army officers have alleged that the layout plan earlier approved by the Lake Development Authority had been changed arbitrarily, without informing them. Shikhar Constructions had started building a multi storey complex in area meant for their society, the officers said, taking up what was earlier earmarked as parking space, in blatant violation of the agreement.
The project had been approved by LDA in 2007; it was amended in 2013, without informing the members who had invested in it.
LDA authorities refused to comment: "The case is in court. I cannot comment," said Shirish Kumar, secretary, LDA.
Members of the society have written to local administration and police; they have also sent letters to the commissioner, Kumaon division, governor of the state, director general of police, chief minister and BJP leader BC Khanduri.
"The fate of about 85 veteran officers and ladies is in limbo. Many of us have made this investment at the fagend of our lives, in the hope of a quiet retirement. What would happen to ordinary civilians, when such senior officers of the armed forces are harassed thus?" asked Air Marshal Randhawa.

More details at:
http://timesofindia.indiatimes.com/city/dehradun/Retireddefenceofficersnowbattleincourtforhomes/
articleshow/46148737.cms

PLEA TO FILE FIR AGAINST MR MANOJ JOSHI OF SHIKHAR CONSTRUCTION,BHIMTAL,NAINITAL FOR ILLEGAL CONSTRUCTION AND FOR THREATENING

Plea By:
Air Commodore BS Siwach AVSM YSM VM (R)
Director General
Aviation Safety India

Dear Sir,

Greetings from the Residents of Raksha Retreat(RR) II, Satal, Bhimtal.
Sir, I wish to make a brief introduction about  Raksha Retreat II,Satal,Bhimtal.  Sir, It is a Society Cottage Complex in the vicinity of Satal, Bhimtal of around 85 cottages belonging to many high ranking , distinguished Army, Navy, Air Force, Police and Para Military  officers. The original builder Samiah   had, midway, sub contracted the construction of the cottages to Shikhar Constructions, Nainital.

The CEO of Shikhar Construction, Mr Manoj Joshi, being a local resident, took advantage of this fact and  indulged in unauthorised construction in the Cottages Complex.  Since most of the Cottage owners are from Delhi and other areas outside Bhimtal, Mr Manoj Joshi unfairly and without any knowledge of the Cottage Owners, indulged in encroachment in the parking and common areas of the RR II Complex, connived with some unsuspecting individuals and constructed unauthorised cottages in Parking and Common Areas.  Thus, Mr Manoj Joshi made huge profits through this illegal and unethical construction and deprived the original owners of Parking and other common areas. He used his local antecedents, muscle power and influence to encroach in the RR II complex. The matter about the illegal construction and encroachment has also been reported to Lake area Development Authority, Bhimtal.

Recently on 20 Jan 15, Mr Manoj Joshi sent some of the local goons led by Mr  CM Bisht to the RR II Complex to construct an unauthorised gate. The Representative of Mr Joshi threatened the Care Taker of  RR II  with bloodshed if his team was stopped from the construction. Fortunately, the President of RR II Owners Association who had rushed to the illegal construction site in time, intervened, to stop the construction, notwithstanding threatening gestures by goons of Mr Manoj Joshi.

The matter was reported to the SHO, Mr Pant, PS  Bhimtal and an application has been given to file FIR against Mr Manoj Joshi and his goons. Mr Manoj Joshi is making desperate attempts to use his influence with the SHO to prevent the filing of FIR. Since Mr Manoj Joshi is local resident, influential and has got money and muscle power, he is pulling all stops to prevail upon the police and local authorities not to act against him and his representatives.

In view of the foregoing, you are requested to kindly intervene and direct SHO Bhimtal to file FIR against the culprits, investigate and take suitable action to stop Mr Manoj Joshi from illegal construction and threatening the residents.

Sorry for taking liberty to send you this email but we have no choice in view of the influence of Mr Manoj Joshi who will go all out to influence the SHO and local authorities to protect his own interest.

The copy of the Complaint  with a request to file FIR   with PS, Bhimtal is attached.

Thanking you

With Warm Regards

Yours Sincerely

Air Commodore BS Siwach AVSM YSM VM (R)

Director General

Aviation Safety India

PLEA TO FILE FIR AGAINST MR MANOJ JOSHI OF SHIKHAR CONSTRUCTION, BHIMTAL, NAINITAL FOR ILLEGAL CONSTRUCTION AND FOR THREATENING