Government notifications forcing you to link Aadhaar to mobiles, bank accounts and other services are illegal, contempt of the orders of the Supreme Court and a disrespect of the rule of law. You can send letters to the authorities that you too can reuse and demand they respect orders of the Supreme Court of India, the Rule of Law and protect national interests as well as yourself.
2. Chief Justice of India, ℅ Chief Justice’s Conference Secretariat, Supreme Court of India, Tilak Marg, New Delhi-110 201 Email: firstname.lastname@example.org
DO U AGREE WITH BELOW MENTIONED SUBMISSIONS IS IT NOT SHAMEFUL FOR MCHI TO HAVE SUCH PERSONS AS OFFICE BEARERS/MANAGING COMMITTEE MEMBERS? Mumbai, 29th September, 2017: The hopes of hundreds of victims of Bhagtani builders ill-fated Riyo project in Mira Road today when Justice Revati Mohite Dere of Bombay High Court gave a strict order requiring Dipesh, Mukesh and Lakshman Bhagtani to pay back Rs 22 crore to the victims within 6 months, as a pre-condition for their anticipatory bail.
Click here to read today’s order in Criminal Anticipatory Bail Application no. 1553 of 2017, wherein there were roughly 175 interveners in four Criminal Applications (CA no. 862, 882, 901 and 910 of 2017).
MAIN POINTS IN TODAY’S ORDER:
1) Counsel for Bhagtani builders was forced to undertake that (a) the builders will deposit Rs.22 crores (as per the judge’s directions on 15th Sept), in 6 equal installments, within six months from today (b) that the first installment will be deposited on or before 12th October, 2017 and (c) the balance 5 installments, thereafter, within one month each and (d) if there is a single default, the protection can be vacated. (e) An affidavit-cum-undertaking of the Bhagtanis stating the above is to be submitted on Tuesday, 3rd October.
2) One of the counsels for interveners pointed out that in addition to the above-mentioned list given by the police Investigating Officer, there were other 18 investors, and that he was in the process of filing an intervention application. Their amount would be an additional Rs.3-4 crores.
3) Mr Mundargi (counsel for Bhagtani builders) stated that the builders were ready to deposit the additional amount of the additional investors who are not included in the list tendered by him today, after the list and the amounts are verified.
4) The matter is now “stood over” to 3rd October, 2017 at 3.00 p.m, for tendering the affidavit-cum-undertaking of the applicants.
5) Interim protection (i.e. protection from arrest) granted earlier to continue till the next date i.e. 13th October.
IMPORTANT POINTS MENTIONED ORALLY IN TODAY’S PROCEEDINGS:
a) The Investigating Officer said in response to a question that Dipesh and Mukesh Bhagtani are in India. (Dipesh was on the court premises, it seems, though not in the courtroom. The whereabouts of Lakshman Bhagtani were not discussed.)
b) With reference to another another anticipatory bail application (ABA no. 1725 of 2017) filed yesterday by Bhagtani builders for protection in the case of an FIR u/s IPC sections 420, 120(B) and 34, and MOFA sections 3, 4, 5, 6, 13 and 14, Justice Mohite Dere asked why multiple agencies (i.e. Santa Cruz police station and EOW) were involved in filing FIRs on the same topic. Hence, EOW is directed to take all cases in this matter (i.e. Riyo in particular, and Bhagtani builders in general).Aggrieved Bhagtani investors, in future, please go to EOW and Santa Cruz and register FIRs.
c) It is felt that allottees should not deposit any Post Dated Cheques (PDCs) that may be in their possession. Otherwise, it will be seen as trying to take double payment from Bhagtanis.
THE BIG MESSAGE FROM TODAY’S PROCEEDINGS:Many FIRs have been registered by Bhagtani’s victims, and they will come up before Bombay High Court soon. The Bhagtani scam will now make headlines, and the tide will turn against them and in favour of their victims. Bhagtani victims from Sapphire, Savannah, Serenity and other projects should now gather courage to go and file FIR immediately with EOW. Join the tidal wave of Bhagtani victims fighting for their rights!
SHARED IN PUBLIC INTEREST BY
Adv Vinod Sampat
Bengaluru’s world famous eyesore, Bellandur Lake became a headlining act on national and international media, as news reports highlighted how it had caught fire, with foam coming right into pedestrians faces. A change.org campaign demanding an immediate cleanup of the lake has collected over 31,000 signatures so far, while the local authorities have installed water sprinklers around areas where it tends to froth. Yet, the problem doesn’t seem to be solvable until the city’s citizens take accountability to treat their sewage. Actually improving the cities we live in would be a lot easier if we, as individuals, take some steps that don’t just help the environment, but also actually save us a fair bit of money.
Nearly 650 million litres of untreated sewage is discharged into Bengaluru’s vicinity every day, says S Vishwanath of the Bengaluru-based company Biome Environmental Solutions. The firm works on water sustainability solutions in government schools and drought affected areas. He points out that this problem has existed for fifteen years, and it’s only after the foam started hitting the cars and two-wheelers in the city that people took notice. “It was frothing in Vishwavati Valley, where farmers had to deal with this froth since 2000. This is clearly a question of industrial consumption levels of detergents and fatty acids and other stuff which is going into the lakes,” Vishwanath says.
(Also see: Smart Cities Won’t Work Without Smart Citizens)
Vishwanath’s himself harvests water from the roof at the highest level of his home for cooking and drinking, while the water from lower roofs is used for landscaping and gardening. All the grey water (washing machine water and bath water) is funnelled through a series of filtration tanks, where grey water is stored, and plants, algae and bacteria break it down, removing phosphates and nitrates from the water. Guppies are put in so that mosquito larvae don’t breed.
“The fish eat the larvae, and they are also functional indicators. If they start to die, then the water is not getting treated enough,” Vishwanath explains. Eventually, the filtered water is used for in the garden and for flushing the loo below. In theory, this water can also recharge the groundwater. An eco-san toilet installed on the roof recycles urine as fertiliser for plants, while solids are composted in blue drums, so that no human waste goes out of the house.
It’s possible to build an eco-friendly house, with features for rainwater harvesting, solar heating, and using environmentally friendly materials for construction, at around the same per-square foot cost as traditional building methods, experts say. Retrofitting can be a little more expensive, but over time, the saving from consuming less water and electricity won’t just mean a cleaner environment, but also smaller monthly bills.
According to a report, ‘green’ construction can lower energy consumption by 30-50 percent, and lower water consumption by 30-70 percent. Short term planning is a particularly big culprit; a one-star rated gadget like an A/C or geyser might be significantly cheaper than a similar product with a higher energy efficiency rating, but the added electricity it consumes has a real cost, in terms of pollution and your finances over time.
Waste management and chemical pollution are as big an issue as excess consumption. One of the main reasons for Bengaluru’s frothing lakes seems to be our everyday detergent – which has foaming agents, surface active agents, and phosphate. Delara Damania, founder of Bengaluru-based Common Oxenwhich makes natural cleaning agents for the home, points out that even wastewater sludge goes into farms, and comes back into our food. “The fact that nobody is regulating this is just mind-boggling,” she says.
Her startup is built around the problem of eliminating phosphates from household cleaning. “Phosphates on their own are not a bad thing, but they encourage the proliferation of water hyacinths, and other fast-growing weeds, that sort of suck out the oxygen and kill the other aquatic animals, and that’s what spoils the water bodies,” she says.
Vani Murthy, one of Bengaluru’s most active waste management campaigners, is launching a mission to get one million people to compost their green waste at home. “It’s a one week challenge, and is building up to a launch,” she says. “If you could, on your part, take care of that half a kg of waste that you generate, than asking the municipality. That’s one action that can have a direct impact on the future of the planet itself.”
Composting is one action you can do for a better world, she says. “You are dealing with 60 percent of the waste right where it is being generated, converting it into something that is so important for the soil to grow your own food,” Murthy adds. “The safest food is what you grow, because you know what you are putting in there.”
Once you understand the process of aeration, the breakdown of food into micro-organisms, Composting can be a lifetime practice, a gateway to rooftop gardening. Murthy bartered her compost for seeds in her early days, and now she has three terrace gardens growing her own food. The organic terrace gardening group on Facebook has 27,000 members, and out of that, 6,000 to 7,000 are from Bengaluru, she says. They have quarterly events where people bring their produce called Oota from Your Thota.
For the first-time composter, she recommends doing it at zero expense, using an old bucket with some holes in it. “Start off with peels, egg shells, fruit peels. Dry leaves can be added to the compost mix, as it absorbs moisture from the peels and keeps the pile balanced. It does not let the wet waste get compacted,” she says. A composting kit needs a bit of shade, and has to be protected from rain. Cow dung or sour butter milk can be used as a source of microorganisms.
“The basic rule is that it should be well aerated. If it doesn’t breathe, it becomes anaerobic, and that’s when it starts to stink. For aeration, it should not be packed in too compact – it takes a few tries to get the right balance,” she says.
Reducing your energy footprint
If you’re planning to build a green home or live in one, Teri’s Griha Rating Booklet has a bunch of useful parameters to evaluate and rank housing projects by, with a points based rating system based on various criterion. These include factors such as materials used, environmental impact, energy use, water harvesting, low-power devices, 5-star rated electronics, amount of daylight used, surface reflectivity, and cooling.
Teri’s rating system stresses on local sourcing of components – there are somethings that you lose points for – for example you can’t use Italian marble, because it has a higher carbon footprint because of the transportation cost.
Some of the things to look into include insulated walls and roof construction, which can reduce you air conditioning bill in the summer and your heating costs in the winter. Smaller windows will also help – large windows look nice, but turn your home into a greenhouse, which isn’t very suitable in India. You can also look into alternative energy, such as solar panels, and solar heating for water; rainwater harvesting can also make a big impact.
Materials like teak wood, and quarried stone that has to be transported from afar are a bad idea when you’re building a new house. Fly ash bricks and locally sourced materials, design that promotes ventilation instead of air-conditioning, and planning for things like low-flow water and low-energy lighting all add up and make a big impact over time.
Prasanto Roy, who lives in India’s first Teri Griha home, which scored 96 percent overall on their Teri’s ratings, said that building a green home doesn’t come with a significant cost overhead.
“Other houses that have been built in this area cost more than this one, and they don’t even use green features. That is because they have used more expensive finishes, fittings, Italian marble,” he says. “For us, it cost ten percent more per square foot to build this house. There are some savings you get directly in the capex itself, as you need less equipment, and so on.”
Roy’s house is made of two types of fly-ash bricks, which are easily available. Around 70-80 percent of the material was locally sourced. The supply chain for green materials has improved since he built his home, with Teri’s website cataloging the suppliers. “Today, almost everything can be sourced locally, but electronics like controller systems, were imports,” he adds.
“For a typical house, depending on where you are, the one thing to focus on is cooling the home passively, so that you need less active cooling,” he explains. “Go increasingly on to LED lights, and you pick the low hanging fruits – the lights which are always on, and so on. Staircase lights can have motion sensors,” he says, so they will not only be on when needed. “A solar power is a simple enough system to add on, can be paired with an inverter or used directly, a 1 KVA solar panel for around Rs. 1.5 lakhs is a very worthwhile thing to do,” as this can help you reduce your dependence on the grid, and save significant amounts of money over time.
At the same time, low-flow fixtures reduce water waste, and your water bill as well, and rainwater harvesting can be good for the environment and will also reduce your dependence on expensive water tankers, when the municipal supply runs short.
MCGM has designated officers in each Ward to help and assist with any queries on implementation of Waste Segregation.
The Ward wise list of officers and their contact numbers are shown in the image.
Let us know if you have any trouble in contacting them or if you have any further questions.
It is quite common in India for employers to deny salary to employees, especially at the time of firing them. They think that employee’s have no options or the resources to pursue a case against an employer. In reality, there are several things an employee can do that can land an employer in real trouble. However, the knowledge regarding the same is not available in public domain and lawyer’s advice come costly. At ClikLawyer.com, we have been getting many such cases recently. We decided to share our best strategies for benefit of all Indians.
There are several legal process that can be followed by an employee to recover salary or wages. The first step that we recommend is sending a good notice from a credible lawyer who has a track record of doing such matters. However, before we tell you more about that, let us get you introduced to some basic concepts in Indian labour laws that deal with the issues of non-payment of wages or salary.
India has an entire law on payment of salary called Payment of Wages Act, though it does not apply to all levels of employees. It usually applies to low-wage blue caller workers.
Effective September 11, 2012, the wage ceiling under the Payment of Wages Act, 1936 was increased to an average wage ceiling of INR 18,000 per month pursuant to a notification by the Indian Government. If you are not covered under this act, other remedies are still available.
Let’s see what the Payment of Wages Act has to say in this matter.
Section 4 of the payment of wages Act states –
Fixation of wage period every person responsible for the payment of wages under Section 3 shall fix periods in respect of which such wages shall be payable. No wage period shall exceed one month.
Reference 2 – Section 4 payment of wages Act
Monthly Salary Distribution Requirements:
A person is working in an establishment with a wage not more than one thousand, the wage to the particular person shall be paid before the expiry of the seventh day.A person with the wage of more than one thousand shall be paid before the expiry of the tenth day.If the employee is terminated by the employer the wages earned by him shall be paid before the expiry of the second working day from the day his employment is terminated.
What steps can be taken by employee:
If your employer is not paying your salary, you can get these remedies.
A) Approach Labour Commissioner:
If an employer doesn’t pay up your salary, you can approach the labour commissioner. They will help you to reconcile this matter and if no solution is reached labour commissioner will hand over this matter to the court whereby a case against your employer may be pursued.
B) Industrial Dispute Act:
An employee can file a suit under Section 33(c) of Industrial Dispute Act, 1947 recovery of money due from an employer.When the salary is due from the employer, the employee himself or any other person authorized by him in writing on his behalf can claim recover money.In case of the employee death, the authorized person or heirs make an application to the labour court for recovery of money due.The court will further issue a certificate on being satisfied that the salary is due and the collector shall proceed to recover the same.If any question arises as to the amount of money due or as to the amount at which such benefit should be computed, it would be computed according to rules under this Act.
Labour Court Time Line:
Cases have to be decided by such labour court within period not exceeding Three Monthsprovided that where the presiding officer of a labour court considers it necessary or expedient so to do, he may for reasons to be recorded in writing, extend such period by such further period as may he think fit.
Reference 3 – Section 33(c)(2) Industrial Dispute Act, 1947
What about executives, managers and those who earn above INR 18,000 a month?
If you are manager or executive level employee, you can file a case against the company in the civil court under order 37 of Court of civil procedure. This is faster than the usual slow procedure in civil courts, called a summary suit. It is quite effective, but should not be pursued as a first resort. There are easier things at your disposal as well. Out of 100 cases, maybe 5-7 requires such effort. However, many lawyers are quick to jump to this. Before opting for this, ask your lawyer to exhaust other means.
What if company is not paying with a fraudulent or dishonest intent?
If an employee is affected by the company’s fraudulent activities, then he may seek some strong actions.
The following remedies would be available in such cases:
Employer Fraud Punishment:
Section 447 of Companies Act, 2013 lays down punishment for fraud.Person shall be liable for imprisonment not less than 6 months which may extend to 10 years.Fine not less than amount involved in fraud which may extend upto three times of the fraud amount.Subsequent measures can be taken under Section 447 of the Act.An employee can also file a criminal case against the company under Indian Penal Code.
First Step To recover unpaid salary
Step 1: We strongly recommend sending a legal notice enumerating all the actions that you may take from a credible lawyer. Before going to a lawyer, ensure that they have some track record in doing such work. From ClikLawyer, you can file a notice like this for INR 2500 only. You should not pay above INR 3000 in any case.
Step 2: If this does not work, approaching police for a cheating case, where there is enough evidence for such fraud, is critical. At this stage, it is important to prepare a detailed case file to give to police, and your lawyer should assist you in this. A majority of such complaints are not accepted due to weak drafting and lack of prima facie evidence. This is where a good lawyer can make a lot of difference. ClikLawyer charges INR 2500 to handle a police complaint matter at present.
Step 3: Where criminal case is not an option, or does not produce results, we recommend going for a summary suit or labour court, as the case may be. In our experience of handling such matters in large numbers, we can say that not more than 10% of such disputes need to go to this stage if the matter was handled well in earlier stages. Challenge is that lawyers are more comfortable and earns more money at this stage, so if they don’t have your interest in mind they might hurry to this stage.
Important things to keep in mind when you are trying to recover your unpaid salary
The notice is a very important psychological tool, and getting the salary in less time is a psychological game. If the employer understands the consequences quickly, he will settle before you need to go to court, which keeps costs low as well. However, only a few lawyers do this kind of work because it may not be very profitable for them.
There are many cases in India where employer does not pay salary for a month or couple of months and easily get away with the same. A good example is of Kingfisher Airlines. When it shut down its operations, many workers were not paid their dues.
Shared by Adv VINOD SAMPAT 9987622225