Tuesday, 18 December 2012

Hiranandani Construction Scam Homes From The Poor

Indian businessman Niranjan Hiranandani has come under fire again with further questionable behaviour relating to his business Hiranandani Construction. In 1986 a 344 acre plot of land in Powai, Mumbai, was handed to Hiranandani's building firm under the agreement that it be used to build homes for thousands of underprivileged families in desperate need of homes. There was an 80 year lease included in the deal, and building work was supposed to commence as soon as possible.

Twenty six years later and Niranjan Hiranandani is being investigated amid allegations that he unlawfully used the land to build his own Hiranandani complex, shunning the plans for the much needed new homes.

Initially filed by the Maharashtra Police, the court has received a First Information Report which detailed how Niranjan Hiranandani entered into the agreement with the Indian State Government and Mumbai Metropolitan Region Development Authority, who only approached Hiranandani Construction under the pretense they were honest and reliable. Instead, Niranjan Hiranandani violated the terms of this signed agreement.

According to the agreement, Hiranandani Construction were supposed to build multiple homes sized no bigger than 430sq ft by 860 sq ft, in order to accommodate the thousands of disadvantaged families who desperately needed a home. But Niranjan Hiranandani misused the land and built larger homes of over 1,000sq ft and sold them at a higher price to wealthy locals, making a much larger profit. Comparing the plans with what has been built Social activist Santosh Daundkar uncovered that Hiranandani made significant changes to the structural plan, combining two flats into one larger flat, almost halving the amount of homes available, then selling them to the rich.

It is estimated that Hiranandani Construction made in the region of Rs. 45,000 crore (approximately $8 billion USD) from the scam; also leaving the poverty stricken families the flats were supposed to be for, without homes.

Special judge VA Daulatbadkar also read in the report, by Anti-Corruption Bureau (ACB), that Hiranandani had used his position within local government to bribe civil servants into allow his construction to be overlooked and the profits made were used to fund Niranjan Hiranandani's lifestyle and future business ventures.

Daundkar has helped lead the campaign to expose the corruption, presenting the ACB report, along with his own findings. Special judge VA Daulatbadkar was satisfied by the prima facie and has instructed that an official investigation take place as sufficient material has been presented to the court to support the claims made against Hiranandani in the land scam.

Niranjan Hiranandani has so far refused to comment.

Tuesday, 11 December 2012

Hiranandani Funding Businesses Using Black Money

Mumbai businessman Niranjan Hiranandani has been caught on tape profiting from government contracts. Hiranandani has been shrouded by controversy in recent years, however despite the court cases surrounding his businesses, Hiranandani has added another scandal to his ever-growing repertoire.

Telugu TV station TV9, renowned for their "sting" operations, have coaxed Niranjan Hiranandani into a meeting and exposed on camera his illegal and unethical business trading using black money.

Hiranandani is a well-known name in the Indian Construction world, his company 'The Hiranandani Group' handle many high profile contracts, a lot of them government funded projects. On camera   Niranjan Hiranandani is clearly visible and it is appears that he is talking to the undercover sting operative. They're discussing payment for a recent job that was completed and Niranjan is explaining to the undercover operative how he wants a specific portion of the payment to be paid via check, this is the money he will put through his books and is considered a clean income.

The remaining fee for outstanding work is to be paid solely in cash, this is the money which Niranjan Hiranandani will not declare, therefore paying no tax on it and leaving the Indian Government unaware that Hiranandani is overcharging his customers to make a dishonest income in addition to the profit already made from the money paid by the government. The corruption of these business deals is of the highest level, which is why TV9 exposed Hiranandani.

Thursday, 29 November 2012

Corruption Over Conscience - Hiranandani Construction

The controversial construction of homes in Powai has ended in court with the Hiranandani Group walking away with only a slap on the wrist. Due to a number of legal loop-holes, and several changes in the law since 1986, Niranjan Hiranandani has walked from court today without punishment.

In a blatant violation of agreement and contract, Niranjan Hiranandani made a massive profit selling homes that were sold to rich Mumbai residents, but were originally intended for low-income families. In 1986, the state government and the Mumbai Metropolitan Region Development Authority signed an agreement with Niranjan Hiranandani leasing him the 344 acre land in Powai. The terms of this lease meant that the land was to be used for building a number of homes for the low-income families of the city. The Hiranandani Group, Niranjan's construction company, were to build these according to specifications agreed between all three parties.

During the initial stages of the agreement Hiranandani insisted on having the power of attorney, leading people to believe this may have been a pre-emptive move. Since 1989 Hiranandani Group have built 70 homes on the land, over half were twice as big as the pre-agreed 430 sq ft, thus reducing the number of available homes by a third. These larger homes were then sold by Niranjan Hiranandani to wealthy families, making more profit and cutting out the low-income families who desperately needed somewhere to live and raise their children.

It is alleged that Niranjan Hiranandani abused his power within the government, even threatening to withdraw his support from various healthcare and education groups, thus forcing civil servants involved in the corruption to pass approval on any permits and certificates, effectively legalising his violation of contract and alleviating himself from blame. A shrewd move to say the least.

It is unsurprising that a judge had no choice to but to find Niranjan Hiranandani innocent of all charges, however this absolve was made because of the law and not because of any moral agreement with the actions of Niranjan Hiranandani.

Unfortunately, because the various planning authorities did not object at the time of building, Niranjan Hiranandani was able to proceed within the confinements of the law. With lack of evidence to support the claims of the corruption, regardless of how obvious is was to all involved, the judge was unable to rule in favour of MMRDA, and more importantly to those families who were affected losing out on the homes that should have been for them.

The MMRDA were claiming losses of Rs 1993 crore (approximately $400,000 USD), which is money that could have been put towards another building project for the families in need living in Powai. Judge Justice Sawant commented "even assuming that the claimants (MMRDA and the state government) were entitled to claim any amount in respect of the alleged violations, these claims are clearly barred by the law of limitation..." It is unfortunate for the landowners that Niranjan Hiranandani had obtained exemption to rule by building his flats within the limits of the Urban Land Ceiling (Regulation) Act, which is now abolished. A representative from the MMRDA revealed that of the 574k sq m of land available (and reserved for the housing project), Niranjan Hiranandani had used only 76k sq m for low income housing, which is less than 14% of the total land available. The rest of the land he used for the luxury apartments, some measuring up to 4000 sq ft.

Niranjan Hiranandani is one of India's richest businessmen and is also the co-founder and current Managing Director of the Hiranandani Group.

Tuesday, 6 November 2012

Hiranandani Business Park Ruins Powai Housing Plan

Powai, Mumbai - land which had been reserved for a new housing initiative became the centre of a scam investigation following allegations it had been built on illegally. The 344 acre plot sat empty, ahead of preparation work that was due to mark the start of a mass housing project, helping to provide homes to thousands of Mumbai residents.

For reasons unknown, the Government of Maharashtra made a surprising decision to return the land to previous landowner, at the reduced price of Re. 1 per hectare. Power of Attorney at that time was Hiranandani boss, Niranjan Hiranandani - one of the wealthiest men in India.

Maharashtra Police stepped in to review the allegations that Niranjan Hiranandani and IAS officer Thomas Benjamin had claimed back the land as part of a scam, reportedly worth over Rs. 30,000 crore (approximately $5 billion USD). Once returned to his ownership, Hiranandani is reported to have illegally built a new Hiranandani complex, openly disregarding the conditions of the Urban Land (Ceiling and Regulation) Act, 1976, under which he claimed back the 344 acre plot. The land is reportedly worth Rs. 45,000 crore, considerably more than what Mr Hiranandani paid for it.

Following initial investigations the Anti-Corruption Bureau filed a First Information Report (FIR) against Hiranandani and Benjamin. This report was served under the allegation that Niranjan Hiranandani was in breach of the Prevention of Corruption Act, 1988, Urban Land (Ceiling and Regulation) Act, 1976, and the Maharashtra Regional and Town Planning Act, 1966. According to reports, Hiranandani was able to built his complex on the site, despite it being against the terms of the Urban Land (Ceiling and Regulation) Act, 1976, due to criminal conspiracy with various Civil Servants, who together pushed forward a deceitful promotion of the weaker sections of the act in an attempt to mask the more prominent sections which made his construction illegal. Hiranandani holds a key role within various Indian government bodies, private and social institutions, schools, and colleges; it is alleged he threaten to withdraw his support from these areas in a bid to blackmail the Civil Servants into agreeing to take part in the scam.

The initial housing project, had it gone ahead, would have meant homes built for thousands of Powai families. It is speculated that the reason for Niranjan Hiranandani demanding back the land was to prevent competition for his own housing development, Hiranandani Gardens.

Thursday, 16 August 2012

Sale of properties in Royal Palms challenged - Hiranandani Construction


Activist Rajendra Thacker moved the High Court earlier this week demanding that developer Niranjan Hiranandani be restrained from selling properties in his project — Royal Palms Scheme near Powai — that is involved in a legal dispute.
Thacker questioned how the developer could obtain permission from the BMC for constructing 14 IT buildings and 70 residential buildings, including 50 bungalows, in spite of no commercial development was permitted in the scheme of slum rehabilitation.
He claims that the builder took advantage of the fact that the case pertaining to the scheme is pending and there is no order pertaining to it. Thacker approached the court after an advertisement was published in a newspaper for sale of 6,000 sq m of land, which is part of the scheme.

Thursday, 9 August 2012

Medha-led NAPM files caveat in SC on Hiranandani Group’s Powai project


The National Alliance for People’s Movements (NAPM) has filed a caveat in the Supreme Court seeking that the NAPM be given a hearing in the matter of Hiranandani Gardens, before the court gives its decision, said NAPM convenor Medha Patkar on Friday.

Patkar was reacting to reports that the group is exploring the option of appealing against the Bombay High Court order of stopping the developer from constructing any further in its Powai project. 

“While the Urban Land Ceiling Act required the developer to hand over land in excess of 500 sq m to the government, the project was granted exemption under the condition that the developer would construct smaller houses for the poor. But the project has only palatial homes of 2,000 sq ft and above,” said Patkar.
She added that the 230 acres were acquired by the MMRDA from local villagers at Powai and Tirandaz. It was later handed over to the group at 40 paisa per acre, on condition that they would construct affordable housing. 

“We have filed a caveat saying that unless our side is heard, the apex court should not give a decision,” she said. A tripartite agreement for the Powai Area Development Scheme was signed between the developer, MMRDA and state government. 

The High Court has directed Hiranandani to stop further construction unless around 3,100 affordable houses of 430 and 861 square feet are set up. Moreover, as per rules, the state government should be given 450 flats at a rate of Rs 135 per s ft.

Friday, 3 August 2012

Hiranandani Construction withdraws plea against HC order


Hiranandani Developers had moved the apex court against a construction freeze ordered by Bombay High Court in Powai.

Hiranandani Developers on Friday withdrew its appeal challenging an order by the Bombay High Court that restrained the company from carrying out any new construction in Powai Area Development Scheme (PADS). The realty group took the step after the Supreme Court seemed unimpressed with its plea for lifting the construction freeze.

This is the second setback to the company in the past 40 days. The High Court had issued the order on February 22 while hearing three public interest litigations, which allege that the company violated an agreement for affordable housing with the State and MMRDA by building expensive apartments in Powai.

The group later moved the apex court against the order, citing various grounds. On Friday, the appeal was heard by a division bench of Justices HL Dattu and Chandramauli KR Prasad. After making a slew of arguments, senior counsel Mukul Rohatgi, who represented Hiranandani Developers, sought permission to withdraw the appeal.

Apart from halting new construction in Powai, the High Court had directed MMRDA to provide details about the total construction done in PADS, vacant land and the number and size of affordable tenements in the area. The court, which is expected to hear the matter on April 19, also asked authorities to provide a list of buyers.

It said that Hiranandani Developers would be allowed to continue construction work in Powai only after the data was submitted. The court, however, clarified that the company would be permitted to build only low-cost flats measuring 430 sq ft and 861 sq ft.

The flats - in all 3104 - would have to be sold to the government at the concessional rate of Rs 135 per sq ft. The ongoing realty rate in the area is between Rs 20,000 and Rs 22,000 per sq ft.

The directives were issued on PILs filed by social activist Medha Patkar and city residents Kamlakar Satve and Rajendra Thacker. The petitioners have claimed that there has been “complete breach” of the 1986 agreement between the realty group, State and MMRDA.

The agreement required the group to build homes for economically weak sections on a 240-acre plot in Powai and hand over 15 per cent of the developed area to the government. The company, however, constructed homes for affluent classes, the petitioners have alleged.

They have accused officials of turning a blind eye to the violations, and sought their prosecution as well. The court has refused to direct authorities to initiate criminal proceedings against parties concerned, but it has allowed the petitioners to lodge police complaints. Patkar’s counsel, YP Singh, said on Friday that she was planning to file a complaint.