Saturday, October 2, 2010

Fw: Revised after receiving many suggestions letter to Hon. Judge is finally being sent

----- Forwarded Message ----
To: Mr Alok Tholiya <>
Sent: Fri, 11 July, 2008 12:32:23 PM
Subject: Re: Revised after receiving many suggestions letter to Hon. Judge is finally being sent

Dear Mr. Tholiya,

Despite being an advocate myself, I am in total agreement with you that the Advocates are largely responsible for the inordinate and evitable delay in conducting the proceedings before the court. Owing to these delay tactics, many of the advocates who are in quality practice avoid appearing before the courts and resort to the chamber practice. I wish to suggest that you make an application to the Registrar of the Court under the Right to Information Act, asking him to furnish you  copies of the Roznama, which gives details of the dates of hearing and reasons for not conducting the proceedings. Equipped with that information, you may approach the respective Bar Council for initiating action against the erring advocate. If few more persons like you, who have suffered at the hands of advocate, make applications as above, the respective Bar Council will be compelled to take action in this matter.


----- Original Message -----
From: Mr Alok Tholiya <>
To: VNSS yahoogroups <>, Film Raza Murad <>, Jain R.K. Social Tirthe Kshetra <>, Sunita Agrawal McDonald's India West & South <>, MP Advaniji <>, MP Anthoniji <>, MP Babbarji <>, MP Jaitleyji <>, Nana Chudasama <>,, Jain Nupur Sunil shah <>, PRo India Property Newspaper Organisation <>, Shri B. R. BHATTAD <>, Suresh Gaur <>, VNSS N.S. Ravindranath VAKOLA Santacruz <>, Arichitect Environmental Nandakumar Moghe Speaker <>, Jain Anil Pande Chemist Santacruz East <>, Jain Unnati Lohade EYE Social Psychotherepist <>,, RTI Shailesh Gandhi Social <>, Social Bharti Vora <>, Social I Love Mumbai Nana Chudasama <>, menow <>, newspaper Keemat Consumer Guidence Soc. of India <>, Sangharsh Asso. of Insurance Policy holders <>
Sent: Wed, 9 Jul 2008 14:44:36 +0530 (IST)
Subject: Revised after receiving many suggestions letter to Hon. Judge is finally being sent

C.R.NO. 35
R.A.E. SUIT NO. 864 OF 2004
            1. Mrs. Saroj Tholiya …age 82 years… and 2 others.……….Plaintiffs
                     (Co owners)
    1. Mrs. Shakuntala N. Purohit age 75 yrs. and 3 others……..Defendants
(Heirs of the then tenant of approx. 180 sq. ft . area having rent of just Rs. 42.50/- p.m.)
Monday, June 30, 2008 matter was called out at 11 am
Hon. Judge,
I would like to draw kind attention of yourgoodself to following facts:
1. For months defendants did not file their written statement. We had to raise the issue several times before they filed the same.
    1. One of the plaintiffs and one of the defendants are above 75 years of age. We filed application to expedite the matter on this ground as per high court circular. The purpose of this circular is very holistic which wants to ensure that each and every litigant sees the fate of their case in their lifetime itself. Defendants opposed the expediting request application too inspite of there being no such provision but they used this as delay tactics. Finally Hon. Court allowed our application.
    2. During last 4 years twice our file in the matter disappeared from court. Only we chased for same. We wrote to Hon. Court and Hon. Registrar to ensure that file be located at the earliest. Same were found but not before months were wasted.
    3. In the name of shifting of office Ad. Pawar the advocate of defendants got long adjournment. Again in the name of marriage of his daughter he got long adjournment thus ensuring matter is delayed.
    4. Defendants advocate also took long adjournment on the ground that one of the defendants had to go to USA for business. They had other 3 defendants who could appear.
    5. They gave copy of examination in chief in the month of October 2007.They requested that on the next date they will file documents. Actually if they had any documents in their possession to rely on in their possession then they should have done so along with the above affidavit. Yet Hon. Court allowed them to do so by next date but inspite of lapse of 9 months they have not yet filed any documents.
    6. After nine months today when matter was called out Ad. Pawar informed court that they are filing a new application today as the documents are not traceable. He further stated that his client the defendant Madhukar Purohit has gone with application for affirmation and soon they will submit the same. I was advised to wait for copy.
I waited for two hours in the court room but neither Ad. Pawar nor his client came back to the court room. It is important to note that incidentally affirmation clerk is on the same floor and Xerox facility is just one floor above. Therefore anyone can come back with in 10 to 15 minutes after doing the affirmation and Xeroxing. In fact they should have kept the application ready before 11 am when the matter was called out as they had been already given 9 months for same. But it is a well known fact that parties on wrong side and their advocates take liberties of lenient attitude of court and purposely delay the matter.
However being restless after a long wait I went in search of my Advocate Pankajbhai. He was in Advocates room. He said just minutes back he had seen Ad. Pawar and had asked the copy of their application which they had promised to file before the Hon. Court. Ad. Pankaj further added that Ad. Pawar refused to give the copy and told that he will say whatever he wants to say before the court on the next date.
Sir, on next date defendant is likely to remain absent and their advocate is likely to seek long date and likely to submit their new application.
    1. Yourhonour, while our matter was being mentioned / discussed at that time I had requested your honor to allow me to throw light on above facts as defense is only interested in delaying the matter. Sir, you have recently taken over charge of this Hon. Court and are not aware of modus operandi of defendants and their Advocate and also not aware how matter has been moving ( in our case not moving) therefore in the interest of justice I thought it fit to humbly submit before your goodself synopsis of same. Since that opportunity was not given to me sir, I hereby humbly present the same before your goodself in writing.
    2. Sir, when 4 th standard school children are wary of facts that home work needs to be done before reaching classroom then how ld. Advocates and their successful clients ( in this case defendants are very big importers and exporters of  gems and jewelry and are complying timely all business commitments) are taking liberty and when matter is called out at that time their application is not kept ready? Why in nine month they could not keep same ready to present it promptly before yourgoodself. Are not they taking ride of courts soft attitude? Instead of fighting case on merit are they not using other means and excuses to just delay the matter?
    3. Sir even when next date was being asked to adjourn the matter then I had requested for 8 th of July but Ad. Pawar insisted for 15 of July .And his request was granted.Pl. note that when he is submitting a new application and we have to reply then if we are prepared to reply in short time then what is his problem? Why he wanted 15th of July when we are willing to submit reply before that. Is not this a method to delay the matter?
    4. Sir, several times the defendants have not been present and one Harish Chadha comes and appears before the Hon. Court on the advice of Ad. Pawar or his frequent absentee defendants.. Is he not supposed to file copy of power of attorney? Can any one be made to stand up when the name of defendants is called out?
    5. Sir, though out of present purview but I want to inform that in the name of defendants this Harish Chadha has been creating nuisance and harassment to us may be on the instructions of defendants who live and enjoy their palatial house in Jaipur at that time. And when Harish Chadda was called to police station against our complaint he said he is acting on the instructions of defendants as he is their constituted attorney. Sir, he has never ever produced any copy of same either before the Hon. Court or to us or to police.
I sincerely hope and prey with folded hands before yourgoodself that pl. don't let the matter drag on for years and decades like another case where I am defendant and filed by a tenant (case no 2145 of 1990) is dragging for 18 years and not even issues have been framed in this case. The plaintiff tenant keeps filing new applications and keeps seeking adjournments which they get easily. On the last dates in this very matter RAD 2145 plaintiff tenant have taken adjournments on the ground of their Advocate Nathani being not well. On next date they applied for adjournment on the ground that they want to change the Advocate as he has become old and got adjournment of 45 days. Though matter is listed under expedited. However in appeal court with in a week Advocate Nathani appeared on their behalf.
On another occasion they successfully delayed for 4 years application to expedite filed by my aged mother . For redressal of my grievances I had to see the then Hon. Addl. Judge and only then on next date appropriate order was passed. Sir, My whole prime age has been wasted in court because of delaying tactics of these tenants.
Sincerely yours,
Alok Tholiya
C.C. to Hon. Chief Justice Supreme court of India, Hon. Chief Justice High Court of Mumbai, Hon. Chief Judge of Small Causes Court, Hon. Law minister of India, Hon. Law minister of Govt. of Maharashtra, Hon. Addl. Chief Judge of Small Causes Court, Bandra, Bar council and others with a request to take appropriate measures so no one takes ride of the great institution of Justice and spoils life of others in court with a view to harass / delay justice.
Also stern warning be issued to all Advocates to remain ready when the matter is called out as always sufficient time is given to them and that too is given as per their choice. In RAD 2145 Ad. Nathani always gets dates suitable to him as he comes only on Wednesdays to Bandra court. Yet they are not prepared and keep asking for adjournments. During last 18 years I have hardly asked for adjournments not even when my grand father was in bad state in hospital and finally died, my brother in law (sister's husband) was in hospital for six months suffering from cancer and finally died, my father met a road accident and was in coma for days in Hinduja hospital, my son was in hospital due to road accident with skull fracture. I am not mentioning how I attended to other routines, business, social engagements and even important events like 10 th and 12th exams and admissions of my daughter & son and finally their graduation as dentist and software engineer and
how now I have to attend to my ailing bed ridden mother, prepare for children's career and marriage etc. etc. and yet cope with ever adjourning dates.
Pl. formulate a law restricting nos. of cases a lawyer can take in hand as their engagement / non preparedness earns bad name to courts. Newspapers keep flashing statistics that for how many decades how many lacs cases are pending in Indian Courts. No one highlights that most of the time it is advocates absence, negligence, unpreparedness, modus operandi (like of Ad. Nathani and Ad. Pawar)  which is responsible for delays in courts and suffering for decades of litigants.
With the restrictions the Advocates themselves will try to be well prepared and show interest in quick disposal of cases as they can take new cases in hand.
N.B.. I have been encouraged to write this letter after reading (copy encl.) stinging criticism of Gujarat govt. and police by Supreme Court of India who had filed case against a writer who criticized Gujarat govt. and police. Hon. Supreme court in their order given in favour of writer said "Why are people from land of Mahatma Gandhi so intolerant towards criticism? There are worst things happening in this country. We don't find what he has written is objectionable". Hope my writings will also be taken as a healthy sharing of experience and as humble suggestions by all.
 Thanks and Regards,
Alok Tholiya
(Real Estate, Insurance, Mutual Funds, Bonds, Ticketing (Air, Bus, Rail)
Tholiya Marketing and Leasing Pvt. Ltd.
Marigold Party Hall,
Tholiya Bhavan,
10th Rd., Santacruz East,
Mumbai 400055

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What a return on investment!!!! eat a cake and eat it too.....lucky rent act tenants

What a return on investment!!!! 

One of my tenants is having 180 sq ft. Area. Building is old.. Deteriorated. No lift. No 

Proper maintenance. He is not having attached toilet ,bath, balcony and thus using common bath and toilet. No watchman, no garden no new society facilities.

 However they r asking for prevailing market price of new ownership building. Instead of 180 sq. Ft. They are asking compensation for 350 sq ft..  asking for ownership rights.

These demand of bigger area comes from news that  slum dwellers of Dharavi are going to get bigger area. But they do not realize that slum re-developers/ builders  ( mostly politicians and bureaucrats)  are getting 4 times free FSI where as landlord is not getting an inch free. The TDR is available but that is not for compensating tenants  and TDR is to be bought at high price and not coming free and construction cost and municipal very high  bribe cost is extra.

Pl. Advise how to satisfy such a tenant? Is it rational??

Landlord has paid for decades to tahsildar, talati, BMC, for property tax, assessment tax etc. besides emergency repairs and maintenance, property manager etc. In turn the tenant has been paying merely Rs. 40/- per 180 sq. Ft. But is now asking Rs. 35 lacs ( considering Rs. 10000/- p. Sq. Ft for 350 sq. Ft.).  

So investment of Rs. 40/- p.m. and enjoying/ exploiting shelter for whole month u get in return Rs. 35/- lacs. What a return on investment!!!! 

 Dear Tenants / Trespassers:

1. Live amicably. Avoid confrontation with landlord.

In ur heart u will agree that Mumbai rent act is one sided and grossly favouring tenants..
However there r some grounds on which landlord the shelter provider can file case in rent act courts/ small causes court.
There r some ground on which landlord can go to city civil and or even criminal court.
But if both the parties live with understanding and fellowship then such situation can be avoided. I request u to not to do anything to harm the harmony and compelling us to go to court. Pl. note that going to court means money flows out like water. U have to chase ur advocate, court clerk, Xerox wala, stamp wala, typing wala etc. Gather evidences, documents, and witnesses. Worst is dates after dates in court will have to spend. Easily one case till end can cost anywhere from Rs.50000/- to 2 lacs. And that is not the end rather it is beginning. Then may have to approach higher courts.
So for any wise person court is the last choice.
Hope u will avoid a situation which warrants legal action. I for one want to avoid courts.. Rather I am one who would like panchas to decide small issues as by going to court matters worsen as some advocates add spice to the simple case and make it acidic / ulcerated.
So I repeat do not give any opportunity which calls for filing of cases against each other. Same is very taxing on time and money and B.P...By the way u all know what r the issues and avoid them..
Let us resolve issues by peacefully settling same. Once in court then there is no reversal. Then I would like to not sit down but fight to finish..
If there r any comments or suggestions then pl. write back to me.


2. Spend for upkeep and hygiene as landlord is already in loss:

Also in ur heart u know that every expenses have increased blowing the roof but the rent. Since u r protected u don't offer to pay a paisa more to landlord. Never mind but spend something to keep environment beautiful, hygienic and safe.

3. Ask for only fair market price if u decide to leave for better living:

And when u decides to leave our property pl. ask for prevailing market price and we will have to give u that as otherwise no one quits. We have already paid many then why not you. With present delays in justice sysytem v have no choice.

 Most imp.:   No tenant can evict another tenant therefore one tenant has not to fear another sinful/ dictatorial tenant.

                   No tenant can do away with landlord. Keep peace with him.

                   Only landlord can file eviction suit for annoying him.   



Some Clarifications / some facts :

  1. Thousands of landlord owned buildings are lying as it is for 60 yrs or more and those living there r suffocating in inhuman conditions both owners and tenants.
  2.  Very thin population of tenants have been lucky to get higher compensation that too when landlord was in desperate situation. But all tenants are lying down for decades with open mouth waiting apple to fall in their mouth too. Is it greed?? Is it blackmail??? Is it arm-twisting????

What is a difference between Mafia Dawood and a tenant who demands manifold then he is entitled to or blocks the sale/ development???? And media, police and judiciary sympathises with tenants.


3.      Govt has given 4 FSI to slum dwellers SRA scheme and announced 225/ 290 sq  ft accommodation for slum dwellers. Landlords have not been given extra FSI. So tenants if r expecting bigger flats are day dreaming. All tenants may unite and ask for 4 FSI for landlords so that they too get this benefit. Besides SRA scheme flat owners can not sell their flat for 15 years.SRA buildings are having no proper lighting / space as rules are compromised. No stilt in SRA.NO open ground. And poor construction. But some ignorant are asking 225/ 290 sq ft from landlords in lieu of their 180 sq ft or so.

4.      Unfortunately present RBI policy does not give necessary finance to landlords to redevelop building. All tenants should ask for necessary change in policy so that landlords can reconstruct their houses and reoffer good modern houses to tenants. 


So since tenants are in numbers and voters count in India and not moral and  rule of law may tenants demand a better deal from govt for landlords so in turn landlord can give a better deal and much better houses to tenants ( definitely much better then SRA) .

Thanks and Regards,
Alok Tholiya (S.E.O.),

Fw: [MIFAC] Times of India the bias paper

There are bad politicians, police, journalists, teachers, govt. servants, yet we don't treat the whole lot with contempt but for landlords. Times of India have always found good people from all walks of life but from the breed of landlords. Are all landlords bad? Are all tenants good? Are there not landlords who are suffering or are there not tenants who have exploited tenanted premises, misused the same and yet not paid any rent?  Landlords are the ones who gave shelter to those who did not have one with clear understanding that same will be vacated in due course. But govt. enacted a different rent act made the eviction of tenant difficult even if they don't pay rent or commit nuisance. Judiciary is so bad and corrupt that if landlord approaches court then justice may not be done for 25 to 30 years.He will suffer more in courts and will keep spending on court clerks and advocates who dont attend matter attentively and just keep taking dates.

Today a hawker , a auto driver ,makes more money then a landlord. Everyone be it tuition teacher, doctor, advocate, builder or name anyone is exploiting system to fullest and minting money but landlord are the only ones who are loosing continuously for 50 years. When collages demand 20 lacs for a seat, when huge bribe is demanded by every govt. officer you come across then it has become routine and there is no hue and cry but for slightest provocation or wolf cry by tenant media is up in arms against landlords.

If there is one single honest reporter to cover the facts and sufferings of landlords and misuse and dadagiri of tenants then I welcome them to visit my 2 properties at Santacruz East and see our plight and sufferings.

Alok Tholiya
(Insurance,Mutual Fund,Bonds,Real Estate)
Tholiya Marketing and Leasing Pvt. Ltd.
Marigold Party Hall,
Tholiya Bhavan,
10th Rd.,Santacruz East,
Mumbai 400055
www.digambarjains. com
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Fw: Our expirience with TPA MD India Healthcare Services P.Ltd and United India Insurance co. ltd.

I wish they had done this before it became an issue.

Respected sir,


Apologies for the inconvenience & delay caused .

Your grievance has been noted & corrective action against the same will be taken


Thanks & regards
Dr. Ranjana Jejurikar
Asst. Manager--Authorisation Dept
MDIndia Healthcare Services (TPA) Pvt. Limited
MDIndia House, S. No. 147/8, Near Kothrud Petrol Pump,
Karve Statue Circle, Kothrud, Pune-411038
Tel: (020) 25300000
Fax No: 020-25300030
Mobile:+91 9372201091
Email id:

----- Original Message -----

Cc: Me Now ; ; ; ; ; Hon. Under Secretary Rajya Sabha ; ; ; M S Gill ; ; MP Vijayji Darda ; MP Advaniji ; MP Anthoniji ; MP Babbarji ; MP Bimal Jalanji Sansad ; MP Jaitleyji ; MP Kalraj Mishraji Sansad ; MP Sharadji Yadav Sansad ; MP Supriya Sule Sansad ; ; ; ; ; ; ; ; ; ; ; sansad Josh ; sansad Parishad ; sansad RS CELL ; sansad RS Mail ; Sansad Vaylar Raviji ; ; ; spawar@sansad..nic ; ; ; ;

Sent: Wednesday, July 16, 2008 3:53 PM

Subject: Our expirience with TPA MD India Healthcare Services P.Ltd and United India Insurance co. ltd.


Dear Sir,

RE: Policy no. 021200/48/08/97/00000343 Patient name : Mrs. Vimala P. Jain

RE: Our expirience with your TPA MD India Healthcare Services P.Ltd  and  United  India  Insurance co. ltd.

My mother in law who was traveling alone to Ajmer suddenly fell sick.She was rushed to a near by Mittal hospital in Ajmer itself. At the time of admission e.i. on 14th July itself the hospital was provided with her policy no. and Membership no. as given on Cashless card by United  India  Insurance co. ltd..The hospital applied to Insurance cos.  TPA M/s. MD India Healthcare Services P.Ltd for sanction to admit her under cashless.Instead of giving sanction the TPA asked for copy of policy of two years.Next day I procured the copy of these policies and personally went to Bandra/Mumbai office of TPA and met Ms. Voilet at 3..30 pm  there.I asked her to do the needful / forward the same to pune head office immediately.Thereafter whole evening and next day that is today we kept on following up with them but no sanction has reached to Hospital.Being traveler she was not carrying enough cash to settle the bill.She wanted to  borrow money from many relatives she has there but I advised against same as she has full right under cashless to be admitted and treated and discharged without paying and she is holding this policy for more then 10 years.And hospital is on approved list of United India.We are still struggling and following up with Dr. Supriya of MDindia on Tel. no. 18002334505 and she is still saying she is doing needful.While the patient and her relatives are waiting in hospital for settlement of bill and to take discharge.

Besides above even  her earlier claim has not been settled by the very same TPA for 4 months. They have never sent us any additional requirement in writing or by email. When we pick up an argument then they come up with newer requirements.

Pl. awnser :

  1. Is it the duty of policy holder to provide the copy of policy to your TPA?
  2. Normally how many hours/days / months or years should your co. /TPA take to sanction cashless admission?
  3. When even Rs. 100/- cinema tickets are available online then why your such big giant sized public sector insurance co. can not provide/ have  policy details online for your TPA?
  4. It was 20 years back Late Rajivji introduced computerization and boosted IT in our country? Do you wish to negate what he dreamed/ set for?
  5. Does your clients/ agents have to follow up for everything like beggers while you draw fat salary and perks and your influential TPA makes fortune but does not even keep sufficient phonelines?
  6. Are TPA's appointed after ensuring whether they have proper infrastructure to cope with load or are appointed because they are owned by who's who, top boss of govt. or insurance or are there som other considerations?


Thanks and Regards,
Alok Tholiya
(Real Estate, Insurance, Mutual Funds, Bonds, Ticketing (Air, Bus, Rail)
Tholiya Marketing and Leasing Pvt.. Ltd.
Marigold Party Hall,
Tholiya Bhavan,
10th Rd., Santacruz East,
Mumbai 400055




Tuesday, September 28, 2010

Finance bill of India

The finance bills are always the snakes in snake and ladder of our progress and economy........Alok Tholiya 


Firstly, there is never enough is enough by govt. & their officials. They will keep increasing taxes after taxes. The citizens will keep sleeping without raising a voice of discontent. Secondly, Govt. should note that we all citizens are already under the pressure of filing so many returns, filling so many forms, maintaining so many registers (legally you have to keep them for 14 years), attend several assessment dates, and welcome so many gate crashing nosy govt. officials not allowing you time to develop your business and increase your production and exports. And yet you (The P.M. and
F.M.) promise that they will take country forward.
Sir, what is a meaning of levying (via fancy looking names) education cess and surcharge or additional tax. If you are genuinely interested in spreading education or doing other work  then just declare out of 10% or 20% or 30% what ever the service tax  or other tax you want to charge the x% of collection will go to education fund or whatever other use. But what is a sense of making people do various calculations, show separate heads of collections and fill more and different columns in forms. The bills are probably made in a hurry as all customers are in a hurry to leave and similarly in spite of keeping surplus staff one is not able to finish his
other business load and on the top of it file returns with complicated calculations, follow up for assessment orders, in all this rigourmole one is supposed to make mistakes and there the officer starts the harassment and squeezes the parties. Where as the total tax evaders escape Scott free as they are not even registered. While I appreciate bringing in more services under service tax I strongly oppose increase in service tax to unreasonable heights. And further more I condemn and look down and hate the brains (which aims to increase pressure on the businessman / professionals who are already under lot of pressure and strain) who has introduced Education cess. Similarly all additional tax, surcharge etc. be merged to original heads or be withdrawn and load on enslaved (by finance ministry and various central, state and municipal tax depts.) Indians be minimized. The biggest reason of increase in diabetes, heart attack in Indians is due to ever changing, increasing and twisting ( like snake ) the taxes and budget.

 The more the twist the more the bribe. The lobby of chartered accountants and advocates  too  keep maintaining pressure on senior staff in finance ministry to  tighten the noose and complicate the taxation so that more white collared jobs, more forms , more audit, more assessments, more court cases  and thus more fee just the  same way more the more bribe to officers. There is no officer who is interested in patronizing any honest tax payer or honestly helping govt. to recover full dues but there motto is one and single which is how fast they build one seven star, resort, beer bar, buy farm houses, apartments, gold and jewelry worth fortune etc.etc. And the idiot (sorry to say but they too know their worth) parliamentarians and specially the F.M. leaves such onerous task on these corrupt shoulders. The same congress party increased excise and customs leaps and bound year after year then suddenly they realized that for better compliance and to give our country edge over other exporting countries taxes be reduced. Then why they are repeating the same sin and why others are tolerating? Rather govt.should try to recover from evaders and try to use every penny collected with responsibility instead of allowing Telgi and others to gulp the billions. Read the new service tax categories if you are interested in same........



Monday, September 27, 2010

Ram janm bhoomi .. not a legal issue it is bhavanapradhan issue

Dear Rajinderji,
U r right somewhere and grossly wrong in other statements and comparisons.
1. Yes all seem to be in panic except communal adamant leaders of both side.
2.  Secularism was chosen because there were jativad in Bharat and not for giving equal rights to foreign religions.
3.Even if our country has chosen secularism yet in any compromise formula both parties should be winners for long term amity but :
A. No implementation of family planning
B. No implemntation of law to curtail heavy criminal and illegal activiteis by a particular group of people ( IT officers to civic officers can not enter Kashmir to Dharavi/ Bharat Nagar/ Kurla/ Mustafa Bazar to Bhivandi etc etc ) ( from Dawood to most mafias have been ruling the country).
C. No implementation of Sahabano to many court orders like not using public address system in particular timing but we still hear loud noises on Mic in those hours so many dont respoect law and police cant stop them for bribe or fear.Govt has changed the route of many rath yatras with a fear of law and order going out of control . Indeed many rath yatras have in past been stoned etc.. etc..Kashmiri pandit have been routed.
Two churches recently were burnt in India for some mad Americans tearing a holy book. We r bearing the cost of 25 crores inspit of giving Pakistan. So is sacrifice, respecting law, brotherhood only to eminate from Gandhi and has people and not from Jinnah and his people?

U have cited an example of gurudwara and mosque. They were both normal religious places. Ram janm bhoomi is no normal, ordinary place. 150 crores Hindus, Sikhs, jains, Budhas etc have their emotions and sentiments attached to it. ( by the way I have not visited any Ram temple in my memory but of course paid my respects at Gurudwara when in Nanded, Church when in Goa and Shani mandir ( as they say I have Shani ) and ofcourse Ajmer sharif when in Ajmer) and some time sidhivinay / mahalaxmi like most do.I am writing this in favour of Ram mandir ?? No. I am writing this as sane person who wants other sane to come forward and show kindness towards 150 crores worshippers of Ram. Or else this issue we will be encashed by fanatics.

D. The name itself suggests Babari masjid. Who was babar?? An aggressor, the one who was brutal,killer, rapists, and all that. It was not built by great people like Akbar, Shahid hamid, Abdul Kalam, etc etc. or by any peace loving like we normaly find bohris/ aga khans etc etc..

E. Every thing can not be settled by court and sensetive issues should not be. Either warring factions have to find peaceful way out or govt has to step in in long term interest of law and order, democracy and secularism. If any thing worst happens then out of fear groupism will happen there will be clear two sides and one side can say bye bye to secularism.
F. Your following para was correct but u lost courage to harp on it and again made a u tern by attacking for political willingness. We all have to evoke in govt a feeling to find out of court settlement in favor of Ram worshippers  and in turn give a very good signal of brotherhood and safety with all and for all. And that no other monument and worshipping place be it mosque, church or temple in Kashmir ( two months back only jaintemple in Jammu was destroyed by muslim fanatics) will be put in dispute or will  be insecure.

Thanks and Regards,
Alok Tholiya (S.E.O) M:9324225699

RAJINDAR SACHAR A-19, New Friends Colony,

Chief Justice (Retd.) New Delhi 110065(India)

High Court of Delhi, New Delhi Tel : 091-11-26847786,26830194

Chairperson Prime Minister's High Level Committee

On Statusof Muslims (Ex.)

UN Special Rappoetuer on Housing Fax: 091-011-26313393

Member, U.N. Sub-Commission on Prevention of Mobile : 9810009644

Discrimination and Protection of Minorities (Ex.) Pan No. AATPS 1177M

President, Peoples Union for Civil Liberties (PUCL) India (Ex.)

Dated: 13/09/2010

Published in the Tribune on 17/09/2010


Both government and opposition and the public in general are rightly

in panic awaiting the verdict on Babri Masjid by Allahabad High Court a

situation brought about by the faltering non secular stand by all the

concerned governments. The High Court is to give verdict t on the following


1. Was the place under Babri Majid the birth place of Lord Ram.

2. Was there or not a temple on the land on which Babri Masjid was


Now it is obvious to the meanest intelligence that it is impossible to

prove that birth place of Lord Ram was under the Masjid it may be a

matter of faith, genuine or contrived or otherwise, but that is no proof, nor

can it ever be put forward as a legal ground to take away the land from the


- 2 -

If the finding is that Masjid was not built on a temple, then the

Muslims get the land back and free to use it in any way including the

building of Mosque.

In the alternative it may be held that there was a temple on the land of

Babri Mosque. But even with this finding the suit by VHP/RSS has to be

dismissed. Admittedly Babri Masjid has been in existence for over 400 years

till it was demolished by goons of VHP/RSS in 1992. Legally, speaking the

Sangh Parivar would have no right even if a temple had been demolished to

build the Babri Masjid.

I say this in view of the precedent of the case of Masjid Shahid Ganj

in Lahore decided by the Privy Council in (1940). In that case there was

admittedly a Mosque existing since 1722 A.D. But by 1762, the building

came under Sikh rule and was being used as a Gurdawara. It was only in

1935 that a suit was filed claiming the building was a Mosque and should be

returned to Muslims.

- 3 -

The Privy Council while observing "their Lordship have every

sympathy with a religious sentiment which would ascribe sanctity and in

violability to a place of worship, they cannot under the Limitation Act accept

the contentions that such a building cannot be possessed adversely" and then

went on to hold "The Property now in question having been possessed by

Sikhs adversely to the waqf and to all interests thereunder for more than 12

years, the right of the mutawali to possession for the purposes of the waqf

came to an end under Limitation Act. "On the same parity of reasoning even

if temple existed prior to the building of Masjid 400 years ago, suit by VHP

etc has to fail".

There is another reason why in such a situation, suit would fail

because in common law, even a rightful heir if he kills his ancestor, forfeits

his right of inheritance. In the Masjid case too, there was „murder most foul‟

and hence the murderer cannot be allowed to take the benefit of his own

dastardly deeds, whatever the legal position may be.

- 4 -

It is true that sometime some Muslims groups in a spirit of large

heartedness and as a measure of mutual accommodation, suggest that if it

was found that the Masjid was built on the site of a temple, they would not

like to now build a Mosque on the said site because the Koran forbids

Muslims to build a mosque by demolishing any other religious place. But

even them, if Muslims choose not to build a Masjid on this site, the

ownership and use of the land remains with them. Hindu cannot under any

circumstances lay a claim to this site which was under Babri Masjid.

Some well intentioned persons come out with apparently neutral

suggestion of building a multi Religious complex on the site. To me this

would be surrender to rabid Hindu Communal sentiment - whatever

explanation you may give, a Muslim then would feel less equal citizen if

even after he has won, he is asked to share this site with the goons who

destroyed the Holy Mosque. This would be a defeat of secularism and

against our constitution which mandates that all citizens, whether Hindus,

Muslims have equal Rights and are equal before law.

- 5 -

A multi Religious Complex or multi culture Centre or a hospital can

obviously be built by the joint free will efforts of both Hindus and Muslims.

But such a complex if it is to be built necessarily must be on the land away

and outside the Masjid complex, and that too only if the Muslims give their

consent - obviously as vacant land belongs to the Muslims. But under all

circumstances, the site under Babri Masjid must remain in the exclusive

possession of Muslims who will be free to use it in any way the community


I feel that the government should start doing an exercise of

consultation, preparation on these lines to await helplessly trying to

anticipate what the verdict would be is like a pigeon who on seeing a cat

closes its eyes with the delusion that cat will go away the result is obvious.

Equally I feel that leaders of all communities, political parties, social

workers should start planning to meet the situation, because this matter

requires the involvement of people at grass root level and the matter does not

brook any delay.

- 6 -

The legal position is clear. It is only the weakness of political will that

is responsible for the Ayodhya imbroglio to continue as one of the most

bitter disputes within the country. By keeping the Ayodhya issue alive, the

country has been kept away from addressing it‟s most urgent task – how to

meet the challenge of the growing pauperization of the masses. And that

includes both Hindus and Muslims.

Rajindar Sachar

Dated : 13-09-2010

New Delhi.

Re: An open letter to The Prime Minister by PPI and views of Alok

Nakkarkhane main tuti ki Avaz
Most common things cant be seen by even most intelligent. Common sense is most uncommon.
I dont expect any punishment to any one from bofors to CWG. For even being honest as far as possible I had to pay bribe on most occassion just to save myself from harrassment, Though if I lost bigger amount then I preffered not to pay and happily forgo refunds.
Corruption is deep rooted.
It is voters who r corrupt. They dont want to vote for honest, known hard working where as dishonest gets all the support from vested interests , communals, criminals. And they win. Finally we get rulers we deserve.
Elections r coming. Ruling party must be interested in 10000 cr. +.And LO! And they found  CWG as one avenue . Kalmadi  must be interested in floating his own party , wanting his own people in large nos in various positions. So to achieve all that he needs money. CWG is the awnser. Raj, Rane , Chagan, Pawar, Uma bharti etc etc floated their pwn party when they had 1000 cr +.
One invests in politics like others do in stock market. Then want to get fat return to become bigger shark, so we see all sharks.
The political system and citizens are to be blamed as election fray needs money money and money alone ( no competence, no eduaction, no honesty, no track records work).
We will continue to see such scams till we can change electioneering ? Who can bell the cat ?? All parties ( with chances to rule) are in deep corruption.They wont change system. May be another Sheshan, Supreme court or slavery is the awnswer. And as such in 12 to 25 yrs India will be slave of Islamic and Chinese nexus. That time u will not expect any thing and be a honest citizen.
Thanks and Regards,
Alok Tholiya (S.E.O) M:9324225699

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From: Professionals Party of India <>
To: "" <>
Sent: Mon, 27 September, 2010 12:55:28 PM
Subject: An open letter to The Prime Minister

Dear Prime Minister,


As per news reports, the extraordinary bungling and corruption in your government�s organizing of the Commonwealth Games has brought us nothing but shame and humiliation, after having squandered away our nation�s hard earned Rs 70,000 crores. 


What is more, there is serious concern about the widespread impression your government may have given, that your government�s ineptness represents the capabilities and competence of the people of India to manage a large project. 


Nothing could be further from the truth, and believe me, we will do everything in our power to correct this impression, because this false impression about our great nation will hurt us and our next generation too.


Let it be clearly understood that the systematic mismanagement of the prestigious games represents the dismal capability of the politicians in your government who you put in charge, and it does not at all reflect the capabilities of the people of India . 


India comprises people of very high caliber and competence.  India comprises of world renowned engineers, administrators and planners.  A large section of highly qualified Indians undertake projects of mammoth magnitudes in India and all over the world and are widely applauded for their successful completion, often ahead of schedule and within budgets.  Indians are at the forefront of global capabilities in every sphere of industry and project management.


It is clearly a severely flawed electoral system that allows characterless criminals, crooks and incompetents to get elected and then form a government of them to systematically splurge and squander national wealth without any accountability.


So what is the solution now?  The solution lies with you as the head of the government. 


You are widely considered a man of integrity.  To live up to that image, you must now publicly resolve and take severe action against all acts of corruption and bring back to the national exchequer every rupee of the Rs 70,000 crores that has been stolen away through corruption or mismanagement.  Thereafter, apply all the pressure your office can bring to bear on electoral reforms so that (i) criminals cannot contest elections, (ii) any kind of bribing of voters instantly disqualifies the candidate concerned, and (iii) the option of �None of the above� as per Rule 49(O) is prominently provided on the ballot during the next elections.


In conclusion may we reiterate, the scale of reported looting in organizing the Games virtually amounts to treason against the state.  This is something you may like to address to clear your government�s name in the long term.


Best wishes,



Professionals Party of India



September 27, 2010




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