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CM of Maharashtra, Chairman Tata Group: How Tata's Own/possess 8 natural lakes in Pune against constitution without auction or Profit sharing with State ?

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Hon'ble CM of Maharashtra, Chairman Tata Group and respective media, 

PART ONE - 

Tata's ownership and possession of lakes and rivers in Pune region in FREE INDIA is this possession lawful and CONSTITUTIONAL ? Whatever agreement, if at all they had with British, WHY IT IS NOT IN PUBLIC DOMAIN ? 

Every citizen of this nation feel proud and has great respect for all that Tata group has done for the nation in past and till date but at the same time, citizen of this nation also wish to know the truth as to how Tata's are in possession of natural resources even in Free Independent India 

1. when Kings and Zamindars lost their ownership on land and natural resources ? Is this possession lawful, legal in Independent  India and as per constitution ?

2. Constitution say all natural resources are state property which is also upheld in number of recent judgments of Kaveri Basin as well as in recent 2G case but still HOW TATA'S ARE OWNERS OF NUMBER OF LAKES AT Pune's Lonawala-Khadala-Kapoli region. these lakes are formed by building Dams on natural rivers and are filled by natural rivers flowing into it. These lakes were built from 1907 onward. The following lakes, lake basins and catchment areas of Walwhan(Valvan), Shirwata, Shiraota, Kundli, Mulshi, Bhushi, Tungan, Uksan and Thokerwadi which r in maharashtra (Pune Lonavala region ) are in procession of Tata's. These lakes are formed by Indrayani, Andra and their tributaries which r in Maharashtra (Pune Lonavala region )

3. In earlier kaveri basin dispute case SC upheld that Kavari basin case, Sc has upheld that all national resources belong to the nation and no private party could claim its ownership.and now in recent judgement in case of 2G on natural resources also applicable on Tata's owning lakes(Rivers) 
4. 2G Judgement says If it is given out to private person it should be done only through transparent public auction. If any company has made illicit money through non-auction of the natural resources or if the company has got it at throwaway prices by non-transparent ways, then that allotment, grant or lease has to be cancelled or withdrawn. 
That resource should be put to public auction so that the value of that resource could be realized for public benefit.THE ABOVE ORDER SHOULD ALSO APPLY TO TATA'S as it is learned from the below mention websites of Tata's that they are EARNING BY POWER GENERATIONS BY BUILDING DAM ON NATURAL RIVERS IN PUNE REGION. Bhushi, Valvan, Shirote and Uksan dams are built in the catchment area of river Indrayani. Thokalwadi is on the river Andra, which is a tributary of Indrayani. 

5. IN INDEPENDENT INDIA, CONSTITUTION IS SUPREME AND NO LAW OR AGREEMENT COULD SUPERSEDE IT.

6. A Dam built by Tata's may be their property but how huge natural lakes that is form by blocking the natural river becomes company's property or the river after Dam continue to be company's property ?. 

7. As per link given below, if Mulshi peta Dam was constructed with major capital investment by the British with the collaboration of Tata Electricity Supply Company.  than how Tata till today claims sole ownership ? No search on net could give any history of other 5 Dams namely Walvan, Bhushi, Shirwata, Somwadi, and Thokalwadi. built since 1907 and only Tata cloud be best to disclose details. 

Link- https://www.google.co.in/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&ved=0CCoQFjAA&url=http%3A%2F%2Fwww.creighton.edu%2FCollaborativeMinistry%2FNESRC%2FGita%2FGITA-REVISED.doc&ei=_6WLUqGWFMKErAeEmoGoAg&usg=AFQjCNEnN28lUMtt7FgH4vH6pCYmPooktA&sig2=9IKBIE_g7ccK_pfoS-kqKw

  PART TWO- 

WEB SEARCH FAILS TO GIVE COMPLETE History of DISPLACED from other 5 dams. It gives only some details of displaced of Mulshi Dam where agitation took place BUT THERE IS NO RECORD AVAILABLE ABOUT OTHER DISPLACED FROM OTHER  5 DAMS refereed above. 1. In 1920, when Mulshi dam was build, 11,000 persons from 54 villages alone were displaced from the their traditional paddy fields and not everyone got compensation. More than 1000 descendants of many displaced, the oldest development-displaced community in India, r still fighting for compensation as  their poor uneducated ancestors failed to keep and submit any 7/12 record for compensation.   Link below explains that, The fear dates back nearly 100 years when the British and the Tatas drove away our ancestors from the villages with little except the clothes they wore. They took refuge in the nearby forests,

The British officers ordered boiling water to be thrown on the hundreds of peasants who were protesting at the dam site. Displaced left for becoming labours in Mumbai and Pune. http://infochangeindia.org/agenda/migration-a-displacement/the-mavlas-of-mulshi-displacements-earliest-victims.html

2. As per below given link,  Thousands of  Tata dam project-affected had been taken for a ride over the years. They have neither been given compensation and were never told about the status of their land. For the first time in the history of Pune,  the records are on the way to being updated. Pune land records to be updated after 50 yrs.  http://www.indianexpress.com/news/pune-land-records-to-be-updated-after-50-yrs/657490/

PART THREE_ 

 Ms. Medha Patkar along with Mr. Arvind Kejriwal who was appointed by Ms. Medha Patkar as one of the member to the commission for PEOPLES' COMMISSION OF INQUIRY INTO PUNE DAMS, LAND DEALS & TRANSFERS AND DISPLACEMENT. But till date there is no report of this commission in public domain even after years being passed. Promises made during Agitation of Azad Maidan on 14th October, 2008 was neither kept by Govt. nor by activist.

1. After 8 days fast by Ms. Medha Patkar at Azad Maidan on 14/10/2008, Agitators met the State Home Minister and Deputy Chief Minister Shri R.R. Patil and later the State Rehabilitation Minister, Shri Patangrao Kadam and had a detailed discussion on many of the issues and Shri Kadam took a decision to institute a high level official investigation by the Secretaries of the concerned Ministries, including the Revenue, Rehabilitation, Forests and Irrigation Departments.

The Committee was supposed to have been headed by Ms. Neela Satyanarayan, Additional Chief Secretary and comprising of Shri Ramesh Kumar, Secretary, Rehabilitation; Shri Dange, Secretary, Revenue and was required to invite Report from the District Collector, Pune and Divisional Commissioner, Pune. It was decided that all allegations of force, fraud and unlawful practices in the land acquisition and rehabilitation of the displaced in the cases of the Tata dams (Siravta, Somwadi, Valvan, Bhushi, Thokalewadi and Mulshi) and also the Pawana, Kasarsai, Malwani, Andhre, Jadhavwadi and other dams and Projects like the Lavasa City and Sahara City. All these decisions were taken in the presence of displaced farmers and adivasis and Medha Patkar, Ulka Mahajan and other activists. WHERE IS THIS PROMISED HIGH LEVEL INVESTIGATION REPORT TILL TODAY ?

2. When Govt. failed to present it report, a PEOPLES' COMMISSION OF INQUIRY INTO PUNE DAMS, LAND DEALS & TRANSFERS AND DISPLACEMENT ANNOUNCED which included various people’s organizations, concerned and involved with the issues including India Centre for Human Rights and Law, Mumbai, National Alliance of People’s Movements, Shoshit Jan Andolan, Maharashtra, National Centre for Advocacy Studies, Pune and Manav Hak Abhiyan, Pune decided to initiate a People’s Commission of Inquiry with Shri Arvind Kejariwal, Right to Information and Anti-Corruption Activist, Magsaysay Award Recipient, Shri Y.P. Singh, Advocate, High Court of Mumbai (Former CBI Official), Shri S. M. Mushrif, Former Inspector General of Police, Mumbai and Shri Nirmal Suryavanshi, Senior Advocate, Dhule as members of the Commission. WHERE IS THIS PEOPLES COMMISSION REPORT which was suppose to end its 2 months Inquiry on 31-12-2008?  Link which give above details. http://napm-india.org/node/30  (This link of site National alliance of People Movement is now not opening as it has been deflated after i started making noise on the issue. Above all details were received from this link of Medha Patkar site, After i started questioning about this issue on different site of Medha Patkar and Narmada Bachao Andolan site and above mention National Alliance of People Movement site, this link was delayed. )

PART FOUR- 

We have famous Senapati Bapat marg at Dadar Mumbai but how many in present generation know history of Bapat Pandurang Mahadev who play a active role in Mulsi Dam agitation the oldest development-displaced agitation in India and twice when to jail for this agitation.   

PART FIVE- 

IS MEDIA ACTING AS FORTH PULLER OF DEMOCRACY. MEDIA FAILS IN ITS DUTY TO EXPOSE ALL ABOVE ISSUES FOR REASONS BEST KNOWN TO MEDIA. WILL THEY DO THEIR DUTY AND CARRY OUT THEIR RESPONSIBILITY NOW. Why issues refereed above r kept TOP SECRET ? Is it not fishy that Tata's different websites give no mention on history how they r in possession and also what r compensation was paid and to how many AND EVEN MEDIA DID NOT COVERED THIS ISSUE IN LAST 65 YEARS ? WHY ?

PART SIX.

RTI fails to give answers.

Since the property is question starches right from Pune till transmission corridor reach Mumbai, passing through many districts, towns and villages, RTI was address to CM office but it gave some wage replies. It is to be noted as per news reports, Govt fails to any land revenue records of such old properties ownership as no survey has been done till date to record such old properties.
   

Location of these dams and rivers can be seen on Google Earth or www.wikimapia.org 
Below mention links show Tata's r in procession and claim ownership of these lakes and rivers. 
1. http://www.tatapower.com/media-corner/presslease/02june10.aspx 
2. http://www.thepunekar.com/2011/09/14/city-based-foundation-ties-up-with-tata-power-to-study-six-lakes/ 
Apart from lakes that the company owns for electricty production, The Tata Motors facility near Pune also owns 2 lakes. below links gives details. Below link confirms this. 
3. http://www.tata.com/article.aspx?artid=8yCBUsz4LiY= 
The Sumant Sarovar was the first. A 200-metre dam was built across three seasonal streams. A second lake, the Sharma Lake, was created to take the overflow. The lakes are fed by rainwater. Tata's r in wrongful procession of rivers(after Dams built and lakes formed and also later part of the river when water is released from these Dams) which r natural resources. 

Please provide answers to these questions in national interest,

1. Why state has no stake in Hydro power so generated even though its natural resources r used ? 


2. should State take over procession from Tata,s, who are in wrongful procession of these natural resources of lakes, catchment area and river formed after release of water from these dams and thousands of sq kms of catchment forest attached to these lakes, which include parts of reserved forests and wildlife sanctuaries as well power transmission corridor right form Pune till Mumbai, as per constitution all belongs to the India ?


3.Is this legal that since last 69 years of independent India, by exploiting very national resource, the company is using to generate power without paying any compensation to the nation for free use of this natural resources. shouldn't the Title to these resources be returned back to the nation ? 

4. It is not in public domain what is the total area of land that is under Tata possession, including catchment area, dam area, river flowing after release of water from dam and Transmission corridor from Pune region till Mumbai ? RTI fails to give details and gets misdirected due to huge area being involved. 

5. What is the revenue loss of the country due to such free use of Natural resource should it not be recovered from the company ?

6. Non of the company websites guide as to how Tata's became owners of such resources, or what is the Title history of Tata's. Should this not be brought to public knowledge ? Is it by purchase, lease, treaty or gift or just occupied ?

7. Also it is not in public domain what is the revenue paid to govt and at what rate ?

Complain to different ministry at Parliament level have shown some positive results. Complains were made on govt portal site http://pgportal.gov.in/ViewStatus.aspx

Positive side that, 2 action r seen. First Ministry of Home Affairs and also Department of Land Resources forwarded letter to Chief Secretary, Government of Maharashtra, Mumbai for appropriate action but no action seen till date. 

Few other complains to other ministry r still waiting for action.

Writing to PMO office for intervention, On 21/3/13, even Prime Minister's Office has forwarded to Chief Secretary, Govt. of Maharashtra for appropriate action. But till date no action.

Letter to PMO was,

Request to intervene. Chief Secretary of Maharashtra Govt. show no action on different complains that are posted on state Govt. portal on complain more than 18 months old. Even the action is missing from Chief Secretary on issues where letters have been forwarded for action by Ministry of Home Affairs as well as Department of Land Resources but no action. 

Below r Complain no.

First 2 complains were forwarded by Central Ministry to Maharashtra govt, but no action is seen till date. 

1..Complain to Ministry of Home Affairs no. MINHA/E/2012/00482 and they forwarded a a letter to Chief Secretary, Government of Maharashtra, Mumbai for appropriate action vide this Ministry’s letter No.20011/13/2012-Coord.II on 21.04.2012 but more than a year passed but Maharashtra govt. has shown no action.

2.. On 06 Mar 2013, Department of Land Resources Complain no DOLDR/E/2012/00034 forwarded to Addl. Chief Secretary Revenue Forest Department, Government of Maharashtra, Mantralaya Mumbai-400032 vide letter dated 06-March -2013 with a request to take an appropriate action. But NO ACTION seen till date.

3. complain on Maharashtra state site GOVMH/E/2012/00554 dated 19 Apr 2012 but 4 years passed, No Action.

4. Complain with Ministry of Water Resources MINWR/E/2012/00047 dated 19 Apr 2012. The petition has been forwarded to Ministry of Power vide OM No. 6/42/2012-Coord. dated 15.01.2014. But 
No action till date.

5. Complain with Ministry of Environment and Forests MOEAF/E/2012/00090 dated 19 Apr 2012. Action On 29 Aug 2016, the processing Division has noted and disposed off the grievance.

here is the link to wag RTI reply that was received on the issue. http://getup4change.org/rti/4320/how-tatas-still-own-6-lakes-rivers-its-tributaries-in-free-india-when-all-natural-resorces-r-state-property/#comments

After trying every other option available to know facts ultimately this petition is present to you, so please provide every detail,

1.  What is History of title to ownership which company wish to hide and no where in public domain it is published or answered in person ? Details how Tats's got possession as this is maintained as TOP SECRET.  Is it not fishy that Tata's different websites give no mention on history how they r in possession. On Internet, respect to history, there is no reference of any sort anywhere how Tata became owners of such huge natural resources. why they have to hide such information ? why there is lack of transparency ?

2. how many people were forced to relocated to fresh places leaving behind their village and farms on banks of natural rivers which were converted into lakes after Dams were built on them. Did such villagers receive any cost or compensation 110 years back ?

3. What is the total area that is under their possession ?

4. What revenue if any nation receives for such free use of its natural resource and when was such revision in rate last took place ? 5. What is state record of all land ? As per media reports, Govt. have no proper land records of this 100 year old issue as no land survey ever done in those days so r unable to give any proper replies in RTI. Should govt. not show immediate action to correct any past mistake ?

6. Why till date no media has ever educated people on the issue or tried to expose the issue ? Why Top leadership in media refuses to allow covering of this issue ? is this because they fear they may lose a important ad client ?

7. Apart from what has happened before independence, the big question is what is wrong constitutionally after Independence need to be corrected and we cannot continue it bind folded as Kings and Zamindars lost their holdings in a free nation so also no corporate could own natural resources like lakes, rivers and catchment areas however well manage it may be. They can not claim ownership or restrict free eatery of any Indian and every Indian have a right to roam around anywhere in the country and enjoy natural beauty, its mountains, lakes and rivers unless the area is declared sensitive from security point of view. So should not all such signs, signboards and declarations on site as well on public domain website be removed immediately which claim that such natural resources belong to any individual company ? 

8. On making grievances complains to different govt. dept no action even when complains r years old and even with top level interventions. Why no action ?

9. Citizens have no idea on the issue because as per media reports, Govt. have not done any land survey where ownership is 100 years old, so they hold no land records.

10.  RTI sent r misdirect to departments which have no records or give wag replies. 

Since now this issue is in public domain through this petition will media investigate and make people aware with facts ?

Prayer,

1. CM, please take action and steps to present a clear picture to the nation on the issue.

2. Chairman Tata group, please disclose facts.

3. Media, please perform your duty of forth pillar of Constitution by investigating the facts and bring true picture before the nation. 

thanking you with warm regards, 

Jitendra Gupta

9819235160



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