Tactics used by Square Developers to remove Joseph Fernandes (Tenant) from him premises

Building Name - Solitaire in Malad West, Demonty Lane, Mumbai by SHDC

Do you want to make Mumbai into Shanghai? Well, if the answer is yes, then you need to construct tall buildings, malls, complex etc. Who profits from this? Builders and Politicians off-course.

I am one of the sufferers of this concept which is for the rich only. No one thinks of the poor. Think about it. Does a poor man requires Malls, Buildings etc? All he requires is 2 times meal, Clothing and a small dwelling place. Now what do the rich want? The rich want, huge flats, big malls, expensive shopping, cars, huge bank balance etc.

I am going to Narrate to you my life story. I came to Mumbai in 1973 in search of Job. I got a job in a good company (Mahindra). I got married and had 4 small children. I found a tenanted place in Mumbai (Malad West, Orlem) and life was settling down. Not even a year was passed and my Landlord demanded that we vacate the house. I fought for almost a decade and was exposed to the injustice done on poor Litigants by the Police, Courts, Lawyers, politicians etc. I started a organisation called 'Litigants' Welfare Forum' in the year 1990. The aim was to fight for the poor who has no place to go and had to suffer at the hands of the rich landlords, politician, courts, lawyers etc. It is not unusual to hear that the court cases in India run for 20 to 25years. Every one knows this fact. Still there is no option but to go to court when there is a need. As Founder President of 'Litigants' Welfare Forum' I have helped many Litigants. I spent my life and money helping the poor for almost 40years. This was a selfless effort and many times I neglected my family. Now that you know my background, here is my recent plight.

I am a senior citizen of age 72 years. I have my tenanted house at 162-1, Ferreira Compound, Demonty Lane, Orlem, Malad West, Mumbai - 64. I have been living here for 40 years. 2 years ago i.e in 2008 a builder named Square Enterprises, having its office at Green Ocean, Malvani, Mumbai purchased the property where I am staying from my landlord. They managed to evict the other tenants by giving them dream of a better home. When they approached us, we refused to leave until they were able to show their name on the 'Property Card' (which they donot have till date). They tried many tactics to remove us. This included frightening us with their goons etc. We did  not budge. They then resorted to illegal means. First they broke our toilet, then our house by dashing a truck into it, then they did not allowing us to enter the house etc. We approached the Police, Local MLA, but they were all in support of the Builder. Here is the sequence of events. Letters written to Human Right Commission of India, Commissioner of Police, Various Ministries, News paper report on our issue has no effect. The matter is currently in Small Causes Court Bandra East Mumbai. I am writing this story hoping to get justice from the Court, as this is our only hope as of now.

How the builders tried to evict Joseph Fernandes without due process of Law

Joseph Fernandes and Family have been staying as tenant in 162/1 Ferreira Compound, Demonty Lane, Orlem, Malad W, Mumbai – 400 064 CST 529 since 40 years (1-9-71).

 Builder ‘Square Housing Development Corporation’ SHDC owned by Partners Rizwan Patka, Asif Ansari, Yusuf Khan and Shahid Sagar purchase the property from my landlord Mrs.Gretta Ferreira in 05-09-07.

Landlords and Tenants (Except Joseph Fernandes) have handed over their houses to the builders and have been shifted to alternate accommodation. All the structures (except Joseph Fernandes) were demolished by builder to make the ground ready for development. Joseph Fernandes refused to provide his consent to builder for redevelopment until the builder proves that he has purchased the property and provides government records to support this claim. This has not been provided till date.

Tactics used by Builder to evict Joseph Fernandes with the support of Police, BMC and others.

1. On 23^rd Feb 2010 Toilet of Joseph Fernandes which was outside his house was broken by Builders men. Police was informed on 100 (Ref. N00103586). Police immediately came onsite and picked up the men’s who were on site. They were not arrested neither FIR was filled (inspite of written complaint) at the Police station, for reasons best known to Police.

2. On 24^th Feb 2010 A truck MH-04-DD-9267 was forced into Joseph Fernandes house and broke half of the house (refer photos). It is interesting to note that the driver did not flee from site and was waiting for Police to come and arrest him. Fortunately Joseph Fernandes or his fly members were not in the house, or they could have been killed.

The Police were informed and the driver was arrested. FIR (CR76/10 dt 24/2/10) was registered in Malad West Police station against the driver of the truck. Inspite of Photographs and Police visiting the site, “NO ACTION WAS TAKEN ON THE BUILDERS”. Police did not even mention the name of the builder on the FIR (typed in Marathi and not explained in any language) IPC 336,427. Driver was released the next day. Neither was his name mentioned in the FIR.

Joseph Fernandes who had gone to the Small Causes Court Bandra due to the incident of 23^rd Feb 2010 was granted Stay order immediately from the Hon’ble Court. The same was informed to Malad West Police station the same day.

House Broken by Truck. Diver Says it was a Mistake, when it is obvious, he has been hired by Builder

3. On 25^th Feb 2010 the court summon along with Stay order (status quo) was served to Builder at their registered office at Malvani, Malad West, Mumbai – 400 069. The first hearing was for 4^th March 2010.

4. On 26^th Feb 2010 Inspite of Court Order, trees were cut and House further broken by Builders men. Malad Police was informed, but all they did was registered a N.C and warned the Builders men not to continue their work. Joseph Fernandes and family were stopped from entering the premises by Builders Goons. Police did nothing inspite of repeated plea. This continues till date.

Builders Gundas on site.

4. 27^th Feb 2010 House Broken further by Builders men. Police were informed, but again they did nothing. Only came onsite and warned builder’s men.

My House Broken Further, inspite of Stay order from Hon. Small Causes Court Bandra Mumbai

6. 28^th Feb 2010 Roof of the house was partly uprooted. Sr.Inspector Aadav from Malad West Police station was informed, who came to the site and did not arrest anyone nor took any action.

7. Till date, the builder is continuing his construction activity inspite of Status quo by Court. Police does nothing.

Joseph Fernandes and family are not being allowed to enter the premises (which are bared/fenced on all 4 sides with 20ft tall fencing). Builders goons give watch every day and night to make sure him or my family members do not enter. Police say they cannot do anything in the matter. We approach the local corporator who even visited the site but expressed their inability to help us (No reasons provided).

D.C.P of Zone XI was informed in writing on 12^th April 2010 also letter from NHRC of India New Delhi, letter was submitted to him, in which the commissioner of Police is asked to look into the matter. Again Police department ignores our matter.

With the above states, we have reasons to believe Police is protecting the Builders. We have reason to believe the above plan was hatched by and conceived jointly by the Police, BMC, Builders, landlady etc. We request that an independent body conduct an inquiry in the matter guilty be punished.

We are living in constant fear of our life and property and have asked Police several times to provide us protection (no response). We are also in fear of false complaints being lodged against us by the guilty party to protect themselves.

Court has given interim judgement in our favor but its still not being honored by the builder.

In one of the discussion with the builder they say "This is a tactic we always use if someone refuses to give position of their house. We first break their house, then do not allow them to enter the premises. We handle the police, BMC and local politicians. At the worse the matter will go in court, we then purchase the lawyer and if required the judge. You will have to compromise ultimately"

We had a choice, compromise and lead a happy life OR stand-up and fight, we choose the latter.

Issue was reported in News Paper - http://www.afternoondc.in/city-news/cops-support-illegal-construction/article_1391

Update at of July 2011

I have received several emails from readers showing their support towards our cause and we appreciate the support. I have been asked to provide further update. Here is the same. Some of this is shocking.

I arranged a Press conference (at press trust of India), so that the builders and others were exposed. Leading Press reporters attended this Press conference.  They refused to publish the matter (except for Afternoon news paper) on the pretext that the matter was in court and cannot be covered. Now this is strange, there are so many issues of politicians, scandals, murders which are being covered in news papers and news channel on a daily basis, these matters are in court then how come the press covers these events? Its very simple, the press only wants to cover those events where they see benefit (Advertisement earning, publicity etc). I wonder if the Press is really concerned of the Public and hence covering these even. Obviously our matter was not of interest to them as this was not 'Hot News'. One of the new channel (Name not disclosed) asked us to give them money in order broadcast our issue. This is shocking.

Another shocking news is that our lawyer is acting on the behalf of builder and putting pressure on us to compromise. Do you want to guess why?

Everyone wants their pound of flesh and wants to benefit at the cost of our Pain. Its almost 2 years now that our house is open and all our belongings are exposed to nature elements and goons of builders. I as a senior citizen am currently living at my sons house.

Few months before, we forcefully entered our house only to know that the items and electronics are stolen by builders men. We filled a FIR with Malad west Police station. They came on the scene and did puchnama. We even showed the Police few of the belongings which were in the position of the watchman who works for Builder. To this, the Police refused to arrest him or summon the builder, instead asked us to just pickup our items and take it back to the house.

We have also written to President of India to conduct inquiry in this matter, but all the office did was forward it to State Government. Its a pity our Government Machinery is only a forwarding department.

Registration Number:PRSEC/E/2011/11381
Name: Shri Joseph Fernandes
Date of Receipt:16 Jul 2011
Current Status:The petition is transferred
Date of Transfer:18 Jul 2011State Government:Government of Maharashtra
Officer's Name:Shri. Nandkumar Jantre
Designation:Secretary ( AR and O&M)Address:General Admn. Deptt.,Mantralaya,MumbaiTelephone No.:022-22027151

We have written several letters to Police, Mumbai Municipal Corporation, Land and Proposal department under Right to Information. They cleverly respond without giving the details requested for. I was told that Right to Information is another fight for independence & power to the people, but is this true?

In the time when Anna Hazare is fighting for corruption do you really believe he will be successful. Well, the answer is that he may succeed or he may fails but the point is that he tried to make a difference and has fought for what he believed was right. We are also trying to do the same.