FOR  REFRESHING  YOUR  MEMORY:

Readers, this is a case of  how  criminally   very expensive reserved forest land, around 6 acres  in Lonavala, Pune (Heart of the Lonawala town) was grabbed for three star Resort. The land is approx valued to be around Rs 40 crores as on date (Village Pangloli, , Tal: Maval, Dist Pune) grabbed in guise of sale/purchase  for construction of a  Three star Resort by Mrs Madhu Kapoor with the help of the then Deputy Conservator of Forests, Pune Forest Division, Rajendra Magarulkar IFS, who has many cases of serious corruption  against him. It is alleged that he has partnership in the said resort in benami.

UNDISPUTED FACTS:

1. As per report of Conservator of Forest,  Pune no. Desk-6/land/30/10-11   dated 06-04-2010, three survey no.s 61, 60 & 59 of village Pangaloli were renumbered to gat no. 13, 14 & 15. Thenotices under section 35(3) of    Indian Forest act were issued to the  owners of the said land in the year 1956.
2. After this notice, another notice under section 3(1) of Maharashtra Private Forest (acquisition) Act 1975 dated 28-2-1975  for survey no. 61 & 59  was issued to their  owners (on the appointed day i.e 30-8-1975) , viz. Prabhakar Purushottam Dahanukar & Khandu Bhima Ambhore respectively.
3. The office of the DCF Pune vide letter no. B/Malki/3252 dated 30-8-1976 had informed to Collector Pune  that survey no. 61 & 59 (new gat no.13 & 15) have been acquired under the provisions of Maharashtra Private Forest (acquisition) Act 1975 making the area a deemed Reserved Forest under the control of Government.
4. Old survey no. 60 and new gat no. 14 of Pangloli  is reserved forest with ownership of the government. The same was notified in the gazztte dated 29-12-1921.
5. Hence gat no. 13, 14 & 15 of village Pangloli Tal Maval Dist Pune all are reserved forest as per records.
6. The revenue department has not mutated the entry in 7/12 extracts of gat no.13 & 15 of Pangloli and it was not showing Forest department or government of Maharashtra as owner.

CONSPIRACY BY MADHU KAPOOR:

1. On 19^th June 1999 Mrs Madhu Kapoor & Mrs  Radhika Mehra purchased reserved forest bearing gat no. 13 & 15 of village Pangloli, Pune by two registered sale deeds.
2. Their names were immediately mutated in the revenue records . Thus 7/12 extracts start showing their names as owners of government reserved forests.
3. Madhu Kapoor & Radhika Mehra made applications to Range Forest officer, Shirota (Kamshet) on 16-09-2000, informing very clearly  that since they want to construct  bunglow on the gat no.13 & 15 for their residential purpose, hence a certificate of census of trees on the said plots from forest department be given to them, so that the same could be submitted to local body authorities for getting NOC for construction of the house.

CONSPIRACY BY RAJENDRA MANGARULKAR  IFS:

1. The Range Forest Officer, Shirota had drawn  two panchanamas dated 23-9-2000 mentioning number of trees on the said land and submitted his enquiry report  dated 1-11-2000 on applications of Madhu Kapoor & Radhika Mehara to Deputy Conservator of Forests (DCF) Pune , Rajendra Mangarulkar. But no where in enquiry report it was mentioned that the said gat no. 13 & 15 are reserved forest and tree census for  permission to construct bungalow on the said gat no.  13  &  15 can not be issued being a reserve forest and also because it violates provisions of Forest Conservation Act 1980. Also RFO had not informed  Madhu Kapoor and Radhika Mehara that it is illegal to construct any bungalow on Reserved forest.        ( Allegedly this was done on verbal directions of Rajendra Mangarulkar).
2. This enquiry report was processed in the Mangarulkar’s office and  note sheets were prepared, mentioning following points:

• The Gat no. 13  &  15 are not forest as per records.
• The above Gat no. 13  &  15 are not in the list of Maharashtra Private Forest (Acquisition) Act, 1975.
• The said gat no.s do not come under definition of  forest as declared by Supreme court.
• Letter as requested by Madhu and Mehara be issued.

• 3.   Mangarulkar on 2^nd December has written “MANJOOR” on both the note sheets. And these note sheets were not being talked by ASK Sinha CCF Pune in any one of his report. In fact, these note sheets can only throw  laser light  on Mangarulkar’s culpability,  responsibility and criminal conspiracy .
• 4.  In response to Madhu Kapoor’s request for tree census on reserved forest gat no. 13 & 15  for construction of their residential bungalow,  Mangarulkar then issued letters no. 2082 & 2083/2000-02 dated 4-12-2000 to Madhu Kapoor & Radhika Mehara ,  informing number of trees on both gat numbers. Since these letters were in response to Madhu Kapoor’s  request for construction of resedential bungalow on Gat no.13  &  15 , hence every authority including collector, Pune; Town planning department, Local municipal authorities taken those letters  to be NOC of forest department. According to them, had these land been of forest departent, DCF would have then & there taken objection on construction of bungalow.
• 5.  These letters were used by Madhu and Radhika as NOC of the Forest department every where including in the court cases. And then Madhu Kapoor and Mehara got the status of land changed to Non-agriculture from collector , Pune vide  order dated 3-10-2003 and constructed a Two star resort with the name   “Upper Deck Resort Pvt Ltd” with facility of swimming pool etc.

PRESENT SATUS:

1. Madhu & Mehara entered into lease agreement with Upper Deck Resort Pvt Ltd for 33 years, and enteries were taken into 7/12 extracts accordingly. Finally on 17^th August 2004, District magistrate , Pune issued a licence to start a three star hotel cum Resort on Reserved Forest.

ACTION INITIATED AFTER  MANGARULKAR’S  TENURE:

1. When Ashok Khadse IFS had taken charge of DCF, Pune in the year 2003, he ordered to book FIR in this case. And accordingly, a Primary offence report (FIR) no 3 of 2003-04    was booked in the matter.
2. After that , Asst Conservator of Forests, Pune had issued a notice dated 12-3-2004 to radhika Mehara & Madhu Kapoor under  section 53(2) of  Maharashtra Land Revenue Code to evict the said premises (Resort). The eviction order was passed on  10-6-2004.
3. Against this eviction Madhu Kapoor has filed a case in the court of Jt Civil Judge Pune vide RCS 801/2008 of  asking for interim injunction in the matter. The said application was dismissed by the order dated            .
4. Civil Judge had allowed forest department to carry out criminal investigation in the matter vide his order dated 23-5-2008     .
5. Against this rejection of civil application, Madhu Kapoor had preferred  appeal in the court of District Judge, Pune. The District judge had dismissed her appeal vide order dated 29-12-2008 since he also found that all the three gat no. 13, 14, & 15 are reserved forest.
6. Against this order of District Judge, Madhu had filed Writ petition no. 44 of 2009 in Bombay High court. The Writ petition has not been decided as yet.

Actual criminal conspiracy by Magarulkar , Madhu Kapoor and her daughter, Radhik Mehara and other Forest bigwig of Pune circle:

1. As we have already seen through documentary evidences that Gat no.13 and  15 of Pangaloli were reserved forest by virtue of their acquisition & notices under Maharashtra Private Forest (Acquisition) Act 1975.
2. Further, Gat no.14 of Pangaloli was a reserved since 1921 as per gazette notification.
3. Madhu Kapoor and her daughter Radhika Mehara has purchased land of gat no.13 & 15 (Reserved Forest). They approached  magarulkar and wanted to have an NOC that her land is not forest as it was required by almost all the authorities  like Collector, Municipal authorities, Town planning etc. Mangarulkar knew it very well that being Reserved forest , NOC can not be given.
4. Hence it was Mangarulkar, who  suggested to Madhu Kapoor that instead of directly asking for NOC, she should  write to him asking for a tree census on her private land, which actually is reserved forest ( attention is required that Forest department does not  work on any non-forest area) since she wants to construct  residential bungalow. And accordingly he issued tree census report dated 4-12-2000.
5. Accordingly, Madhu Kapoor wrote a letter to Forest department for tree census and Mangarulkar has issued a letter mentioning number of trees on gat no.13 & 15 to be used by Madhu Kapoor for non-forestry purpose.
6. When, Mangarulkar got transferred to Mantralaya as Joint Secretary (R&FD in charge of the same subject dealing in land and FC Act. Here, when Ashok Khadse took charge of  DCF Pune, he asked the RFO to book offence under the provisions of IFA, 1927 and FC Act 1980. HenceFIR/POR was booked on 13-9-2003.
7. When  Mangarulkar was Joint Secretary, he asked Madhu to petition to Minister for Forestsregarding some encroachment in gat no.14. And the entire forest department  started talking about some dispute of survey in Gat no. 14 over type of survey, whether it was done by plane table one  or triangulation method.  No body was considering that it was  case of selling reserve forest of gat no.13 & 15. In support of this  following letters of CF, CF And PCCF can be viewed.

• PCCF letter to CF 6-5-08
• CF letter dated 6-4-2010
• CF letter dated  22-10-2010
• CF letter dated 4-11-2010
• CCF letter dated  12-1-2011
• CF letter dated 12-5-2011

Role of ASK Sinha in shielding Mangarulkar:

1. Once the enquiry from the office of the PCCF has started , Sinha started defending Mangarulkar and wrote to PCCF vide letter  dated 12-1-2011 as if Mangarulkar was innocent  and since Revenue records were not mutated hence he could not know that it was a clear cut case of sale of Reserved forest.
2. PCCF office vide letter dated 28-3-2011 snubbed  Sinha and raised very valid points:

• Why any certificate  for construction of bungalow was asked from the office of the RFO by any applicant ?
• Whether Farm house or bungalow construction is not a non-forestry purpose ?

Knowing fully well that gat no.13 & 15 are reserved forest , when Mangarulkar  became JS then  he directed PCCF vide letter dated 28-9-2005 to look into the case of different way of surveying causing injustice to Madhu Kapoor so that her encroachment can be set right; and her case under FC Act be sent to Government of India  to provide her relief.  Mr Mangarulkar….. Is it job of the Forest department to prepare and submit proposal under FC Act to Government or is it a job of agency (In this case it is Madhu Kapoor) ? what is your interst ?  When you know that proposal under FCAct can be submitted only when area is a forest then why have you not asked department to move accordingly like in many other cases   where properties  of similar offenders were sealed in Lonavala , Khandala , and other area of Pune,  Thane  and Raigarh districts  in similar cases ?

How your case is different from case of Mr Dayal the then DCF Alibagh ?

What ASK Sinha, CCF Pune  not explained in his report:

• What happed to the POR/FIR dated 13-9-2003 ?
• Whether case was investigated or not ?
• Whether this case can be compounded or not ?
• Why FIR was booked against Mr Kapoor , who at all is not involved in the case and no where in POR , accused are shown to be Ms Madhu Kapoor and Ms Radhika Mehra. This is just to give relief to accused.
• Why magistrate having jurisdiction was not informed about the offence booked under his jurisdiction as per provision of CrPC ? Kindly explain Mr Sinha, when the offence committed is non-cognisable then how such offence can be tried  and investigated  without the order of the magistrate.
• Why charge sheet has not been filed  in the court, when there is no stay in the matter by any judicial forum.
• There was a clear cut permission to investigate by the court order dated passed in RCS  then who stopped the investigation in the matter ?